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8896.33 - Sem: Federal Death Penalty Habeas
Professor: The Honorable Ransey Guy Cole Jr.
Semester: 2012 Autumn
Second Writing Requirement? Yes
Professional Responsibility? No
The seminar will address how federal courts address habeas claims as they arise in the context of capital cases. The course will be divided into three sections: first, we will discuss “the great writ” generally, including a review of pre-AEDPA jurisprudence, the passage of AEDPA, and how the writ has evolved over the last decade; second, we will discuss the procedural issues involved in addressing habeas claims post-AEDPA, including state exhaustion, statutes of limitation, and procedural default; and third, we will discuss some of the substantive issues raised in many of the capital cases heard in federal courts, such as ineffective assistance of counsel, prosecutorial misconduct, and Brady violations. The readings will consist mostly of Supreme Court cases, Sixth Circuit cases, statutory materials, and law review articles.
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