Written by the author of the Federal Habeas Manual, A Guide to Habeas Corpus Litigation, Postconviction Remedies covers each aspect of the postconviction review process along with thorough analysis and extensive citations. Written to make the application of complex and changing legal principles as straightforward as possible, the text identifies controlling legal standards and developing issues, and uses case examples to illustrate how legal doctrines are applied. The text also distinguishes the multitude of remedies available, describes them in detail, and offers solutions for problems that may arise. Coverage includes key issues such as:
- Federal and state postconviction remedies for challenging both state and federal convictions
- The sweeping changes enacted by the Antiterrorism and Effective Death Penalty Act (AEDPA)
- Procedural aspects of the collateral review process, including jurisdiction, cognizability, custody, mootness, standing, abstention, the Heck doctrine, pleadings, discovery, expansion of the record, evidentiary hearings, exhaustion of remedies, procedural default, statute of limitations, Teague new rules, second or successive petitions and motions, AEDPA standards of review, and the harmless error doctrine.
- Substantive constitutional issues, including ineffective assistance of counsel, sufficiency of the evidence, instructional errors, state evidentiary rulings, state-created liberty interests, suppression of evidence/Brady issues, substitution of counsel, prosecutorial misconduct and statements of counsel, pre-indictment delay, speedy trial rights, judicial bias, right to jury trial, unexpected departures in state law, disparate treatment, arbitrary or capricious actions, Ex Post Facto Clause, and comment on defendant's refusal to testify/Griffin error.
The appendixes include:
- Habeas corpus statutes
- Rules governing section 2254 cases
- Rules governing section 2255 cases
- Selected rules of appellate procedure
- Table of cases
This title is:
- Organized: Postconviction Remedies is logically organized and broken down by subject matter, allowing readers to readily find answers to their postconviction questions
- Comprehensive: Each of the numerous aspects of the postconviction review process is thoroughly analyzed and accompanied by extensive citations to pertinent legal authorities
- Relevant: The treatise is updated annually, providing the reader with the most recent judicial decisions of interest and the most current analysis of relevant issues
- Practical: Postconviction Remedies is written with the objective of making application of complex and rapidly changing legal principles as straightforward as possible: controlling legal standards are identified, case examples illustrate how legal doctrines are applied, and developing issues are clearly identified
- Subject matter: Unlike most other legal resources, Postconviction Remedies discusses not only the procedural aspects of the collateral review process, but includes a comprehensive analysis of the most common substantive constitutional claims raised by prisoners in postconviction proceedings
Postconviction Remedies was cited as authority in Davila v. Davis (U.S. 2017).