S 567 · 93th Congress · Crime and Law Enforcement
Habeas Corpus Act Amendments
Bill Progress
✓
Introduced2
Committee3
Senate Vote4
House5
EnactedLatest: Referred to Senate Committee on Judiciary.(1973-01-26)
Plain Language Summary
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Habeas Corpus Act Amendments - Provides that an appeal may be taken to the court of appeals from the final order in a habeas corpus proceeding or a proceeeding with respect to a motion attacking sentence only if the court of appeals issues a certificate of probable cause; however, such a certificate shall not be necessary in order for a State or the Federal Government to appeal the final order. (Amends 28 U.S.C. 2253) Limits the availability of the writ of habeas corpis in a Federal Court on behalf of a State prisoner to cases in which the prisoner is in custody in violation of the Constitution or laws of the United States; the claimed constitutional violation presents a substantial question which was not theretofore raised and which cannot thereafter be raised and determined in the State court; and the claimed constitutional right is one which has as its primary purpose the protection of the reliability of either the factfinding process at the trail or the appellate process on appeal from the judgement of conviction. (Amends 28 U.S.C. 2254) States that if a Federal prisoner moves the court which imposed the sentence to vacate, set aside, or correct the sentence upon the ground tha…
Summarized by Claude AI · Non-partisan · For informational purposes only