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Date: March 30th, 2015 12:06 PM Author: Underhanded partner
First you get direct review through the SSC.
Then you get collateral review through the SSC (ineffective counsel, screwed up evidence, judge bias, the kitchen sink) on the verdict.
Then when you lose in SSC you file for Habeas in the Fed Cts (can't use 1983). When Feds deny Habeas you file petition for cert and one of the Justices gets the record. He decides whether court will review it or whether it's on. To my mind, no Justice, even the loonies, have stopped an execution.
Not sure how this would work in a Fed DP case. I imagine you would just go right to Habeas after the verdict since IP probably applies for indirect review.
(http://www.autoadmit.com/thread.php?thread_id=2508737&forum_id=2#27581756) |
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