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Habeas Corpus

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The concluding volume of the series covers debates concerning structural changes to the federal courts, including the creation of the U.S. magistrate and U.S. bankruptcy judge positions, and alterations to the federal appellate system, including the division of the Fifth Circuit, the creation of the Federal Circuit, and proposals for a national court of appeals. A section on criminal justice reform recounts debates over access to counsel for indigent defendants, detention before trial, habeas corpus, and the creation of the U.S. Sentencing Commission. The volume also covers proposed civil justice initiatives regarding diversity jurisdiction, class actions, case management, alternative dispute resolution, and the creation of the Judicial Panel on Multidistrict Litigation, and concludes with discussions on the discipline of federal judges, including proposals for a nonimpeachment method for judicial removal.  

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Cases involving national security often pose unusual and challenging case-management issues for the courts. Evidence or arguments may be classified; witnesses or the jury may require special security measures; attorneys’ contacts with their clients may be diminished; other challenges may present themselves.

The purpose of this Federal Judicial Center resource is to document methods federal judges have employed to meet these challenges so that judges facing the challenges can learn from their colleagues’ experiences. Included are terrorism prosecutions, espionage prosecutions, other criminal cases, the Guantánamo Bay habeas corpus cases, and other civil cases. This edition adds an addendum chapter on Foreign Intelligence Surveillance Act litigation. The information presented is based on a review of case files and news media accounts and on interviews with the judges. (Research date: April 24, 2015)

Lessons learned from these case studies are summarized in a companion publication, National Security Case Management: An Annotated Guide

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Cases involving national security often pose unusual and challenging case-management issues for the courts. Evidence or arguments may be classified; witnesses or the jury may require special security measures; attorneys’ contacts with their clients may be diminished; other challenges may present themselves.

The purpose of this Federal Judicial Center resource is to document methods federal judges have employed to meet these challenges so that judges facing the challenges can learn from their colleagues’ experiences. Included are terrorism prosecutions, espionage prosecutions, other criminal cases, the Guantanamo Bay habeas corpus cases, and other civil cases. The information presented is based on a review of case files and news media accounts and on interviews with the judges. (Research date: June 25, 2013)

Superseded by National Security Case Studies: Special Case-Management Challenges, Sixth Edition (2015).

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This pocket guide provides a basic overview of the issues judges can expect to face when assigned a capital habeas case. It begins with appointment of counsel, budgeting concerns, and stays of execution. It then summarizes the primary procedural considerations that affect habeas cases - successive petitions, petition timeliness, state remedies exhaustion, procedural default, and amending a petition. The guide also addresses substantive considerations for case resolution, evidentiary development, and briefing procedures. Finally, the guide highlights some of the issues that often arise prior to an execution.

United States v. Royer (E.D. Va. 1:03-cr-296).

This document is among Selected Orders and Other Case Documents that, in turn, are among the Center's resources on National Security Cases.

United States v. Benkahla (E.D. Va. 1:06-cr-9).

This document is among Selected Orders and Other Case Documents that, in turn, are among the Center's resources on National Security Cases.

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