The California State Prisoners Handbook

Author: James Frank Smith
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A Comprehensive Practice Guide to Prison & Parole Law James Frank Smith,
Michael R. Snedeker, Steven Fama ... or shortening the time for doing any act
under the rules, and the court may also do so on its own motion.112 FEDERAL
HABEAS CORPUS 12J0 ... Default "The exhaustion requirement of 28 U.S.C. §
2254 demands that federal habeas corpus applicants exhaust all state [judicial]
remedies ...

United States Code Annotated

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Federal habeas corpus review of state court convictions. ... Federal habeas relief
and the new tolerance for "reasonably erroneous" applications of federal law.
Todd E. Pettys, 63 Ohio St. L.J. 731 (2002). Ghost at the banquet: Slavery,
federalism, and habeas corpus for state prisoners. ... Christopher E. Smith, 44
Clev. ... Practical guide to recent developments in federal habeas corpus for
practicing attorneys. ... Standards of review for habeas corpus under the new 28
U.S.C. § 2254.

Cyclopedia Of Federal Procedure

Author: Callaghan and Company
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The not so great writ: The European Court of Human Rights finds habeas corpus
an inadequate remedy: Should American courts reexamine the writ? Allen E.
Shoen- ... Standards of review for habeas corpus under the new 28 U.S.C. §
2254 ...

Habeas Corpus Checklists

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(3) 28 U.S.C. §2254(c) (1994) (enacted in 1948, to codify existing case law) (“An
applicant shall not be deemed to have exhausted the remedies available in the
courts of the State, within the meaning of this section, if he has the right under the
law of ... effort to obtain review here has been accepted by Congress as a sound
rule to guide consideration of habeas corpus ... “[D]oubtless a powerful influence
against the allowance of the [habeas corpus] remedy to state prisoners flowed
from ...

United States Code Annotated

Author: United States
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United States. LAW REVIEW AND JOURNAL COMMENTARIES LIBRARY
REFERENCES. which the claim relies on a new ... A different view of habeas:
Interpreting AEDPA's "adjudicated on the merits" clause when habeas corpus is
understood as an ... Erosion of federal protection of the constitutional rights of
state prisoners: Offet v. ... Federal habeas relief and the new tolerance for "
reasonably erroneous" applications of federal law. ... Habeas standards of review
under 28 U.S.C .

The Criminal Law Reporter

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HABEAS CORPUS Under Rule 9(b) of the Rules Governing 28 USC 2254 Cases
, a federal court may dismiss a claim ... Smith, 451 U.S. 454 (1981), was not
decided until after the first habeas petition had been decided. ... in order to guide
federal district courts in considering the everincreasing volume of successive
habeas petitions by capital litigants. ... The state goes on to argue that that this
inmate's “new law" claims could reasonably have been raised in the first
application.

West S Federal Supplement First Series

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This case presents a rare instance where a federal court may have to bridle the
discretion granted to a state trial ... On March 27, 1989 the appellate court denied
the motion without comment Nistler moved for the same relief before the ... [1]
Nistler petitions this court for a writ of habeas corpus under 28 U.S.C. § 2254 (
1982). ... get much for his effort Unlike the decision whether to grant a person bail
pending trial — which statutes guide, see 111. ... 38, 1 1003-6-3(a) (Smith-Hurd
1985).

Federal Supplement First Series

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Petitioner now seeks a writ of habeas corpus on the grounds that the state trial
court, in violation of the Due Process Clause ... albeit without specific standards
to guide him, to provide hopefully rehabilitative . . . treatment to felons he finds
likely to ... Smith v. Follette, 445 F.2d 955, 960-61 (2d Cir. 1971). Nor can this
court conclude that the state court acted arbitrarily in ... must be dismissed without
prejudice for failure to exhaust state remedies, 28 U.S.C. § 2254<;b), since the
state courts ...