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Federal Habeas Manual, 2016 ed.

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Product details:

Format: Book - softbound
Brand: Thomson West
Copyright: 2016
ISBN: 9780314645807
Service #: 40730773
Sub #: 40730774
Pages: 1868
Shelf Space: 3 in.
Publication frequency: As needed
Update method: No updating

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Federal Habeas Manual, 2016 ed.

102630228

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Federal Habeas Manual 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 Supreme Court and federal circuit court decisions. It covers AEDPA standards of review, including the deferential “unreasonable application” standard and the “clearly established federal law” restriction.

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. The text discusses preliminary issues involving:

  • Custody
  • Jurisdiction
  • Mootness
  • Standing

Federal Habeas Manual addresses affirmative defenses, including exhaustion, statute of limitations, and procedural default. It explains the various methods of record development, including expansion of the record, evidentiary hearings, and discovery. It also examines the nonretroactivity doctrine established in Teague v. Lane and its progeny and provides detailed analysis of district and appellate court practice in habeas cases.