This course will explore the procedural rules that govern habeas corpus, the federal mechanism by which death row inmates and other prisoners challenge their state criminal convictions. The course will include a brief survey of the historical development of habeas and of the competing interests (individual constitutional rights versus comity, finality, and federalism) it must balance; close analysis of habeas procedure under AEDPA and the 2006 Patriot Act reauthorization; and exploration of non-statutory habeas procedural issues including retro-activity, exhaustion, procedural bars, and actual innocence. The course will be of particular interest to students interested in the death penalty and those considering a career in prosecution or defense of capital or post-conviction criminal cases. It also will be very useful to students planning to clerk for a federal judge after graduation.
None. Open to all 2L and 3L students.