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Federal Habeas Manual, 2018 ed.

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Brand: Thomson West
Copyright: 2018
ISBN: 9781539256472
Publication frequency: Updated as changes in the law dictate
Update method: N/A

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Federal Habeas Manual, 2018 ed.

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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.