Federal Habeas Corpus Law
Congress Gives More Responsibility to State Courts
Federal habeas corpus is by and large a procedure under which a court may review the legality of an individual’s incarceration. It is most often invoked after conviction when the ordinary means of appeal have been exhausted. It has been characterized as both the last refuge of scoundrels and the last hope of the innocent. It intricately weaves statute and case law, and its reach has flowed and ebbed over time. Background on the AEDPA Prior to enactment of the Antiterrorism and Effective Death Penalty Act (AEDPA) the most recent substantial recasting of Federal habeas law and the Supreme…