LAW 0692: Post-Conviction Remedies (formerly Habeas Corpus)
Fall 2023 • Section 21 • CRN 25057

Course Description

The criminal appeals process provides prisoners the right to challenge their convictions in both state collateral and federal habeas corpus proceedings. This course introduces students to this important and rapidly changing post-conviction practice. We will examine what state-sentenced inmates must do in state court to preserve their right to pursue federal habeas relief before the federal district courts and courts of appeals under 28 U.S.C. § 2254 as well as address the habeas procedures set forth at 28 U.S.C. § 2255 available to federally-sentenced inmates. Students should have the opportunity to attend a state post-conviction evidentiary hearing and/or a federal habeas hearing and to meet with United States magistrate judges, who submit to United States District Court judges recommendations on how habeas corpus matters should be resolved. Students will learn about the types of claims that are successful in post-conviction, the complex interplay between state and federal proceedings, and how to overcome the many roadblocks the law has erected to bar federal court consideration of federal constitutional violations.

Book List/Materials