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In this essay, Litman and Rahman argue that if the Supreme Court grants habeas relief in this month’s Beckles v. United States, then it should spell out certain details about where a Beckles claim comes from and who such a claim benefits. Those details are not essential to the main question raised in the case, but the federal habeas statute takes away the Supreme Court’s jurisdiction to hear just about any case that would raise those questions. For that reason, Litman and Rahman conclude that failing to address those questions now could arbitrarily condemn hundreds of prisoners to illegal sentences and lead to a situation where the habeas statute is unconstitutional
Johnson v. United States held that the “residual clause” of the Armed Career Criminal Act (ACCA) is ...
As Justice Blackstone once opined, a writ of habeas corpus, oft referred to as the “great Writ,” is ...
This commentary previews the Supreme Court case Jennings v. Stevens which deals with several areas o...
This Essay argues that if the Supreme Court grants habeas relief in Beckles v. United States, then i...
Two years ago, in Johnson v. United States, the Supreme Court held that the so-called “residual clau...
This Comment examines the circumstances under which a state prisoner may challenge his or her convic...
Supreme Court Justices Clarence Thomas and Neil Gorsuch recently proposed a radical shrinking of fed...
In the early 1960s, the Supreme Court adopted generous standards governing federal habeas petitions ...
In a recent decision the Supreme Court has halted the prior trend of increasing the scope of federal...
Habeas corpus, also known as the Great Writ, was meant to be a “bulwark against convictions that vio...
During the summer of 2017, the United States Supreme Court announced a decision in Davis v. Davila, ...
In 1948, Congress enacted 28 U.S.C. § 2255, which authorizes a motion for federal prisoners to “vaca...
This Essay is about what prosecutors can do to ensure that prisoners with meritorious legal claims h...
(Excerpt) This Article’s disagreement with the courts is over a serious issue. Granting bail to a pe...
In Herrera v. Collins, the United States Supreme Court held that federal habeas courts lack jurisdic...
Johnson v. United States held that the “residual clause” of the Armed Career Criminal Act (ACCA) is ...
As Justice Blackstone once opined, a writ of habeas corpus, oft referred to as the “great Writ,” is ...
This commentary previews the Supreme Court case Jennings v. Stevens which deals with several areas o...
This Essay argues that if the Supreme Court grants habeas relief in Beckles v. United States, then i...
Two years ago, in Johnson v. United States, the Supreme Court held that the so-called “residual clau...
This Comment examines the circumstances under which a state prisoner may challenge his or her convic...
Supreme Court Justices Clarence Thomas and Neil Gorsuch recently proposed a radical shrinking of fed...
In the early 1960s, the Supreme Court adopted generous standards governing federal habeas petitions ...
In a recent decision the Supreme Court has halted the prior trend of increasing the scope of federal...
Habeas corpus, also known as the Great Writ, was meant to be a “bulwark against convictions that vio...
During the summer of 2017, the United States Supreme Court announced a decision in Davis v. Davila, ...
In 1948, Congress enacted 28 U.S.C. § 2255, which authorizes a motion for federal prisoners to “vaca...
This Essay is about what prosecutors can do to ensure that prisoners with meritorious legal claims h...
(Excerpt) This Article’s disagreement with the courts is over a serious issue. Granting bail to a pe...
In Herrera v. Collins, the United States Supreme Court held that federal habeas courts lack jurisdic...
Johnson v. United States held that the “residual clause” of the Armed Career Criminal Act (ACCA) is ...
As Justice Blackstone once opined, a writ of habeas corpus, oft referred to as the “great Writ,” is ...
This commentary previews the Supreme Court case Jennings v. Stevens which deals with several areas o...
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