Great Writ of Habeas Corpus

, New York Law Journal


Alan S. Lewis, a partner at Carter Ledyard & Milburn, and Jonathan M. Kirshbaum, senior appellate counsel at the Center for Appellate Litigation, write: Arguing that habeas in its current form is "broken," two law school professors have been engaged in a full court press, including an opinion piece in The New York Times, to advocate that Congress repeal the writ for everyone except those sentenced to death and those few who can make a gateway showing of actual innocence. But there is nothing broken about the concept of federal habeas review of state court convictions.

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