The Constitutional Habeas Corpus Warrior
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Habeas corpus is the constitutional guarantee that a person cannot be held without lawful justification — the Great Writ that courts have enforced for centuries to protect the wrongfully imprisoned from the unchecked power of the state. In the modern federal system, habeas corpus practice is governed by the Antiterrorism and Effective Death Penalty Act of 1996 — a statute that imposed stringent procedural requirements and demanding standards of review designed to limit federal habeas relief for state prisoners. Navigating AEDPA effectively requires mastery of the statute's technical requirements and the Supreme Court's extensive interpretation of them.
The Constitutional Habeas Corpus Warrior: The Complete Guide to the Great Writ, Federal Habeas Corpus Under AEDPA, Sections 2254 and 2255, Successive Petitions, and the Constitutional Warrior's Last Line of Defense is Volume XIX of Wayne Richard Evangelista's Constitutional Law Series — the complete practitioner's guide to federal habeas corpus practice.
Wayne Richard Evangelista covers the full habeas landscape: AEDPA's standards of review under Section 2254(d)(1) — the "contrary to" and "unreasonable application" tests and how courts apply them; the unreasonable determination of fact standard under Section 2254(d)(2); the exhaustion requirement and how to satisfy it without procedurally defaulting preserved claims; cause and prejudice exceptions to procedural default; the Schlup actual innocence gateway; Teague v. Lane retroactivity analysis and the application of new constitutional rules on collateral review; successive petition gatekeeping under Section 2244(b); Section 2255 practice for federal prisoners; and the unique demands of capital habeas — including competency for execution under Ford and Panetti.
For every post-conviction lawyer whose client's freedom or life depends on the federal courts, this volume is the essential guide.
The Constitutional Habeas Corpus Warrior
$69.99
Sale price
$69.99
Regular price