HABEAS CORPUS BASICS
This Latin phrase, meaning you shall have the body is the legal term for a prisoner's petition challenging unlawful detention.
What is habeas corpus?
In this 1915 case, the Court denied habeas relief but suggested it could be available if the state provided no corrective process.
What is Frank v. Mangum?
According to Herrera, federal habeas review only protects defendants from trial error that deprived them of this type of due process.
What is procedural due process of law?
The purpose of habeas corpus is to protect innocent defendants and deter this from officials.
What is constitutional misconduct or error?
In this 1923 case, the Court granted a state criminal defendant habeas review of his detention.
What is Moore v. Dempsey?
This term describes Herrera's innocence claim an assertion of innocence with no additional constitutional claim attached.
What is a freestanding claim of actual innocence?
A writ of habeas corpus requires a petitioner to show a violation of constitutional rights and this.
What is a reasonable probability of innocence?
In this 1993 landmark case, the Supreme Court held that claims of actual innocence alone are not constitutional claims sufficient for habeas relief.
What is Herrera v. Collins?
For inmates in the eight states without DNA access laws, this type of claim, rather than a procedural constitutional claim, makes habeas relief unlikely.
What is a claim of actual innocence?
This 1867 Act extended the writ of habeas corpus to state criminal cases.
What is the Habeas Corpus Act of 1867?
In Herrera, the defendant offered this piece of evidence to support his innocence claim.
What is his brother's confession?
The function of habeas review is to ensure people are not detained in this kind of manner.
What is a constitutionally violating manner?
The Supreme Court has not yet recognized this right for those who believe they were wrongfully convicted.
What is the right to counsel?
This 1925 case held that a state court judgment won't be reviewed on habeas merely because a federal constitutional right is alleged to have been denied.
What is Knewel v. Egan?
This is the central purpose of any criminal justice system, according to Herrera v. Collins.
What is to convict the guilty and free the innocent?