Federal Habeas Corpus: An Abridged Sketch (CRS Report for Congress)
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| Release Date |
Revised Oct. 1, 2024 |
| Report Number |
RS22432 |
| Report Type |
Report |
| Authors |
Charles Doyle, Senior Specialist in American Public Law |
| Source Agency |
Congressional Research Service |
| Older Revisions |
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Summary:
Federal habeas corpus is a procedure under which a federal court may review the legality of an individual's incarceration. It is most often the stage of the criminal appellate process that follows direct appeal and any available state collateral review. The law in the area is an intricate weave of statute and case law.
Current federal law operates under the premise that with rare exceptions prisoners challenging the legality of the procedures by which they were tried or sentenced get "one bite of the apple." Relief for state prisoners is only available if the state courts have ignored or rejected their valid claims, and there are strict time limits within which they may petition the federal courts for relief. Moreover, a prisoner relying upon a novel interpretation of law must succeed on direct appeal; federal habeas review may not be used to establish or claim the benefits of a "new rule." Expedited federal habeas procedures are available in the case of state death row inmates if the state has provided an approved level of appointed counsel. The Supreme Court has yet to hold that a state death row inmate who asserts he is "actually innocent" may be granted habeas relief in the absence of an otherwise constitutionally defective conviction. The Court has made it clear in the case of the Guantanamo detainees that the privilege of the writ may not be legislatively extinguished unless there is an adequate substitute, Boumediene v. Bush.
This is an abridged version of CRS Report RL33391, Federal Habeas Corpus: A Brief Legal Overview, by Charles Doyle, without the footnotes or appendixes, and without most of the quotation marks and citations to authority found in the original.
