Chapter

: Collateral Review for Prisoners Convicted of Federal Crimes

in Habeas for the Twenty-First Century

Published by University of Chicago Press

Published in print April 2011 | ISBN: 9780226436975
Published online March 2013 | e-ISBN: 9780226436968 | DOI: http://dx.doi.org/10.7208/chicago/9780226436968.003.0006
: Collateral Review for Prisoners Convicted of Federal Crimes

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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

Chapter.  5111 words.  Illustrated.

Subjects: Constitutional and Administrative Law

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