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Federal Habeas Manual, 2011 ed.

Federal Habeas Manual, 2011 ed.

By Brian R. Means
Copyright: 2011
ISBN-13: 9780314605849
Last Updated: 7/29/2011
Availability: In Stock  
Product Details »
Brand: Thomson West
Pages: 1534
Components: 1 Print
Free Update Period: 90 days
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Available Options:
Book - softbound
List Price:
 $160.00
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Description

This unique work addresses the various aspects of federal habeas corpus litigation with special emphasis given to the sweeping changes enacted by the Antiterrorism and Effective Death Penalty Act (AEDPA) of 1996 and established by recent Supreme Court and federal circuit court decisions. The manual is organized to allow users to quickly find answers to their habeas questions: controlling legal standards are clearly identified, case examples illustrate how habeas doctrines are applied by the courts, and related legal doctrines and issues are cross-referenced.

Features

  • Addresses at length affirmative defenses, including exhaustion, statute of limitations, and procedural default
  • Covers AEDPA standards of review, including the deferential "unreasonable application" standard and the "clearly established federal law" restriction
  • Discusses preliminary issues involving custody, jurisdiction, mootness, and standing
  • Examines the nonretroactivity doctrine established in Teague v. Lane and its progeny
  • Explains application of the Teague rule on retroactivity
  • Explains the various methods of record development, including expansion of the record, evidentiary hearings, and discovery
  • Provides detailed analysis of district and appellate court practice in habeas cases
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