Asked by Jamal Drayton on Apr 24, 2024
Verified
Generally speaking,state defendants seeking a federal writ of habeas corpus must
A) show that they have exhausted all available state remedies and must raise issues not previously raised in their state appeals.
B) demonstrate that the they are not guilty of the accused crime beyond a "reasonable doubt."
C) hire the solicitor general to represent them.
D) receive amicus briefs from at least three civil liberties organizations.
Habeas Corpus
A legal principle that allows individuals to challenge unlawful detention, requiring a court to review the legality of the detention.
Federal Writ
A legal order issued by a federal court or a judge.
State Remedies
Legal means available within individual states to redress grievances or disputes, including both administrative and judicial resolutions.
- Understand the significance of legal procedures, including the Administrative Procedure Act and habeas corpus, in protecting rights and guaranteeing due process.
Verified Answer
YA
yoloo alvaradoMay 02, 2024
Final Answer :
A
Explanation :
State defendants seeking a federal writ of habeas corpus must show that they have exhausted all available state remedies and must raise issues not previously raised in their state appeals. This means they cannot simply bring the same claims to a federal court that they have already litigated in state court. They must show that they have fully pursued all available avenues in state court before seeking federal relief.
Learning Objectives
- Understand the significance of legal procedures, including the Administrative Procedure Act and habeas corpus, in protecting rights and guaranteeing due process.