With the objective of becoming an attorney, Elias Neibart is an Emory University student working toward a degree in political science and philosophy. Elias Neibart has already gained knowledge of the criminal justice system and had the opportunity to intern with the Office of the New York State Attorney General’s Criminal Appeals and Habeas Corpus Unit in 2019.
A federal court procedure, habeas corpus involves a review of the legality of the incarceration of an individual. In most cases, this takes place within the criminal appellate process, just after direct appeal and state collateral review.
The habeas corpus process is one that has had its limitations defined by the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA). Prior to AEDPA passage, state court applications or interpretations of federal law were not considered binding when it came to federal habeas proceedings that followed. AEDPA addressed unnecessary delays that arose from this situation and barred federal habeas relief on claims that the state court has already passed on.
There are limited exceptions to this, including situations in which the claim adjudication generated a decision contrary to established federal law application. A particularly contentious area in this regard deals with capital punishment cases. Unlike in a majority of other cases, state court decisions will stand unexecuted until federal habeas corpus proceedings are completed.
A federal court procedure, habeas corpus involves a review of the legality of the incarceration of an individual. In most cases, this takes place within the criminal appellate process, just after direct appeal and state collateral review.
The habeas corpus process is one that has had its limitations defined by the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA). Prior to AEDPA passage, state court applications or interpretations of federal law were not considered binding when it came to federal habeas proceedings that followed. AEDPA addressed unnecessary delays that arose from this situation and barred federal habeas relief on claims that the state court has already passed on.
There are limited exceptions to this, including situations in which the claim adjudication generated a decision contrary to established federal law application. A particularly contentious area in this regard deals with capital punishment cases. Unlike in a majority of other cases, state court decisions will stand unexecuted until federal habeas corpus proceedings are completed.
