Post-Conviction Remedies (LAW-740-001)
This course is essential for anyone who: (1) is interested in practicing criminal law (whether prosecution or defense, whether trial or appellate); (2) is interested in pursuing a federal judicial clerkship upon graduation; or (3) purports to be an active, thinking student of the law in the United States.
Students will write a minimum 35-page paper, through several drafts, on a mutually agreed upon topic in the habeas corpus field. (Satisfactory completion of this paper will also satisfy the upper-level writing requirement.)
Enrollment is limited to 10 students.
Overview: This course examines the intellectual and emotional tensions between the finality of criminal convictions, sentences, and detention and the continuing availability of a forum in which to test them, especially by means of the celebrated writ of habeas corpus. Topics include the history and scope of the Great Writ, jurisdiction for the writ, time limitations, exhaustion of state judicial remedies, procedural default, evidentiary hearings, appeals, and successive and abusive petitions. We will pay particular attention to the major changes brought about by the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA). We will also consider some aspects of in forma pauperis proceedings and pro se litigation.
Textbooks and Other Materials
The textbook information on this page was provided by the instructor. Students should use this information when considering purchases from the AU Campus Store or other vendors. Students may check to determine if books are currently available for purchase online.
First Class Readings
Use your MyAU username and password to access the syllabus in the following format(s):