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Habeas for the Twenty-First CenturyUses, Abuses, and the Future of the Great Writ$
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Nancy J. King and Joseph L. Hoffmann

Print publication date: 2011

Print ISBN-13: 9780226436975

Published to Chicago Scholarship Online: March 2013

DOI: 10.7208/chicago/9780226436968.001.0001

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: Collateral Review for Prisoners Convicted of Federal Crimes

: Collateral Review for Prisoners Convicted of Federal Crimes

(p.108) Chapter Six: Collateral Review for Prisoners Convicted of Federal Crimes
Habeas for the Twenty-First Century
University of Chicago Press

This chapter describes the review of noncapital convictions and sentences for federal crimes, implemented today under 28 U.S.C. § 2255, the modern statutory substitute for traditional habeas. Collateral review under Section 2255 has always provided the very first opportunity for a federal prisoner to raise before any judge several important claims that generally cannot be meaningfully litigated on direct appeal. For federal prisoners, an application for relief under 2255 was generally the first chance to raise both categories of claims that a person convicted of a crime usually will not be able to litigate on appeal and must raise instead in a collateral proceeding. Neither habeas review under Section 2254 for state prisoners nor Section 2255 review for federal prisoners has changed to reflect the twentieth-century transformation in state court review of criminal judgments.

Keywords:   federal crimes, habeas review, collateral review, Section 2255, federal prisoners, Section 2254, state prisoners, criminal judgments

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