Difference between revisions of "Right to Habeas Corpus"

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#He is in custody for an act done or omitted in pursuance of an Act of Congress, or an order, process, judgment or decree of a court or judge of the United States; or
 
#He is in custody for an act done or omitted in pursuance of an Act of Congress, or an order, process, judgment or decree of a court or judge of the United States; or
 
#He is in custody in violation of the Constitution or laws or treaties of the United States; or
 
#He is in custody in violation of the Constitution or laws or treaties of the United States; or
#He, being a citizen of a foreign state and domiciled therein is in custody for an act done or omitted under any alleged right, title, authority, privilege, protection, or exemption claimed under the commission, order or sanction of any foreign state, or under color thereof, the validity and effect of which depend upon the law of nations; or
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#He, being a citizen of a foreign state and domiciled therein is in custody for an act done or omitted under any alleged right, title, authority, privilege, protection, o exemption claimed under the commission, order or sanction of any foreign state, or under color thereof, the validity and effect of which depend upon the law of nations; or
 
#It is necessary to bring him into court to testify or for trial.
 
#It is necessary to bring him into court to testify or for trial.
  
 
The Antiterrorism and Effective Death Penalty Act of 1996 limited the use of the federal writ by imposing several requirements on the defendant:  
 
The Antiterrorism and Effective Death Penalty Act of 1996 limited the use of the federal writ by imposing several requirements on the defendant:  
# a one-year statute of limitations
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# The AEDPA limited habeas corpus actions by the creation of a one-year statute of limitations
# dramatic increase in the federal judiciary's deference to decisions previously made in state court proceedings either on direct appeal from the conviction and sentence, or in a state court habeas corpus action and the associated second round of state appeal (both of which, in the usual case, occur before a federal habeas petition is filed).
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# The AEDPA limited the power of federal judges to grant relief unless the state court's adjudication of the claim resulted in a decision that was (1) contrary to, or involved an unreasonable application of clearly established federal law as determined by the Supreme Court of the United States; or (2) resulted in a decision that was based on an unreasonable determination of the facts in light of the evidence presented in the state court proceeding. It generally but not absolutely barred second or successive petitions, with several exceptions. Petitioners who had already filed a federal habeas petition were required first to secure authorization from the appropriate United States Court of Appeals, to ensure that such an exception was at least facially made out. These new requirements are complex in nature and are still being litigated throughout the United States.
 
 
These new requirements are complex in nature and are still being litigated throughout the United States.
 
  
 
== Rights of the accused ==
 
== Rights of the accused ==

Revision as of 15:47, 1 June 2010