Federal Habeas Corpus Practice and Procedure

ebook Volume 1 · Federal Habeas Corpus Practice and Procedure (6)

By Randy Hertz

cover image of Federal Habeas Corpus Practice and Procedure

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Federal Habeas Corpus Practice and Procedure is a two-volume set consisting of practical advice and analysis of U.S. Supreme Court cases. Additional topics covered include:

  • Applicability of the Antiterrorism and Effective Death Penalty Act (AEDPA);
  • Requirements states must satisfy to obtain AEDPA "opt-in" benefits;
  • Statutes of limitations;
  • Petition filing requirements;
  • Appointment of counsel;
  • Range and types of discovery;
  • Standards for obtaining federal evidentiary hearings;
  • Exhaustion of state remedies;
  • Procedural default;
  • Standards for applying AEDPA's section 2254(d)(1) and (d)(2);
  • Successive petitions;
  • Obtaining a certificate of appealability;
  • Federal prisoner practice under section 2255;

    and

  • Types of claims that have led to the granting of the writ.

    The Sixth Edition and the accompanying Supplement include extensive analysis of the latest habeas corpus case law as well as the important statutory changes effected by the Military Commissions Act of 2006, the Adam Walsh Child Protection and Safety Act of 2006, the USA Patriot Improvement and Reauthorization Act of 2005, and the REAL ID Act of 2005.

  • Federal Habeas Corpus Practice and Procedure