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NCJ Number: 97415 Find in a Library
Title: State Prisoner Access to Postconviction Relief - A Lessening Role for Federal Courts - An Increasingly Important Role for State Courts
Journal: Ohio State Law Journal  Volume:44  Issue:2  Dated:(1983)  Pages:287-305
Author(s): F J Remington
Date Published: 1983
Page Count: 19
Format: Article
Language: English
Country: United States of America
Annotation: This article highlights reasons for dissatisfaction with State prisoner access to Federal courts by a petition for habeas corpus, reviews legislative proposals for limitations on Federal habeas corpus review, and discusses the principle upon which decisions regarding the availability of Federal habeas corpus are based.
Abstract: Reasons are reviewed for why it is more difficult today than it was a decade ago for a State prisoner to persuade a Federal court to review the propriety of his State court conviction or sentence, and the new relationship between Federal and State courts is described. Criticisms of Federal court review of State court convictions are reported, and attention focuses on judges' concerns about the dramatic growth in the number of prisoner conditions-of-confinement cases. Congressional, judicial, and legislative efforts to limit Federal habeas corpus review are explored, as are Department of Justice proposals. If adopted the author believes these proposals would effectively close access to Federal habeas corpus to State prisoners who claim that their convictions or sentences resulted from State processes that violated the U.S. Constitution. Rules governing Section 2254 cases in the U.S. district courts are delineated, and three U.S. Supreme Court cases that have had a significant impact on habeas corpus procedure are discussed: Engle v. Isaac, Rose v. Lundy, and Sumner v. Mata. Finally, the Court's decision in Sandstrom v. Montana is discussed, and the need for improved procedures for reviewing habeas corpus petitions is noted. Included are 85 references.
Index Term(s): Federal courts; Habeas corpus; Inmate lawsuits; State courts; US Supreme Court decisions
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