HABEAS CORPUS-EXHAUSTION OF STATE REMEDIES-DENIAL OF CERTIORARI BY SUPREME COURT AS CONDITION TO OBTAINING ORIGINAL WRIT IN FEDERAL DISTRICT COURT

Authors

B. J. George, Jr. S. Ed., University of Michigan Law SchoolFollow

Abstract

The expanded concept of due process of law under the Fourteenth Amendment during the past thirty years has brought increased inquiry by the federal courts into state criminal procedure. A common method of bringing such matters to the Supreme Court's attention has been the use of habeas corpus, particularly following confinement. But this increased vigilance over state criminal procedure has wrought an increasingly tender conscience on the part of the federal courts over resulting interference with state court systems. The theoretical problem has been further amplified on the practical level by the flood of petitions, largely frivolous or perjured, by persons in state custody alleging convictions in violation of constitutional safeguards. The result has been a series of cases wherein these conflicting motivations and considerations have produced a confusing pattern for persons seeking relief by habeas corpus.

Recommended Citation

B. J. George, Jr. S. Ed., HABEAS CORPUS-EXHAUSTION OF STATE REMEDIES-DENIAL OF CERTIORARI BY SUPREME COURT AS CONDITION TO OBTAINING ORIGINAL WRIT IN FEDERAL DISTRICT COURT, 49 Mich. L. Rev. 611 (1951).
Available at: https://repository.law.umich.edu/mlr/vol49/iss4/8