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Moritz College of Law


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Course Information

8896.33 - Sem: Federal Death Penalty Habeas

Professor: The Honorable Ransey Guy Cole Jr.
Semester: 2012 Autumn

Second Writing Requirement? Yes
Seminar? Yes
Professional Responsibility? No
Prerequisites: None

Course Description

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.

The course materials listed above are for informational purposes only and should not be considered final. Students must check with the Registrar for a current list of closed courses.