Waldo Jaquith (JAKE-with) is an open government technologist who lives near Charlottesville, VA, USA. more »
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Actually, the proposal would only eliminate federal habeas, not state habeas where state habeas is available. And the reviewability of state court decisions in federal court on collateral review was controversal when it began. Direct review–i.e., appeals–of state capital sentences would remain available, as they are today.
Actually, the proposal would only eliminate federal habeas, not state habeas where state habeas is available. And the reviewability of state court decisions in federal court on collateral review was controversal when it began. Direct review–i.e., appeals–of state capital sentences would remain available, as they are today.