State and Federal Postconviction Remedies: Last Hopes - Ursula Bentele

State and Federal Postconviction Remedies: Last Hopes Ursula Bentele ISBN 9780769865690

State and Federal Postconviction Remedies: Last Hopes is a practical and versatile text designed for courses devoted to postconviction remedies, whether taught comprehensively or with a focus on state remedies or federal habeas corpus. Because effective study of either system benefits from understanding the other, the book is also well suited for appellate practice courses and law school clinics that seek relief for indigent prisoners. Beyond the classroom, it serves as a valuable resource for practitioners engaged in postconviction litigation, including defense attorneys advocating for incarcerated individuals, prosecutors responding to postconviction claims, and judicial law clerks assisting courts in resolving these matters.

The book opens with a concise history of postconviction remedies and an overview of the procedural mechanisms available in both state and federal courts. Chapters Two and Three focus on state postconviction practice, presenting cases that illustrate the most common grounds for relief and explaining the procedural barriers applicants must navigate. Chapters Four through Six turn to federal habeas corpus, examining limitations on substantive claims, outlining the governing procedural requirements, and demonstrating how habeas functions in practice through a series of opinions that highlight the doctrine’s core principles. Chapter Seven addresses ethical challenges unique to postconviction practice, with attention to the responsibilities of both defense counsel and prosecutors.

The appendices further enhance the book’s practical value. Appendix A reproduces key postconviction statutes and rules from four representative states, showcasing different statutory approaches. Appendix B includes the principal federal statutes and rules governing postconviction relief, along with the standard application form used by state prisoners seeking federal habeas corpus review.

State and Federal Postconviction Remedies: Last Hopes Ursula Bentele ISBN 9780769865690, 978-0769865690 & 9780769898100

Authors
Ursula Bentele
Mary R. Falk