United States Reports: Cases Adjudged in the Supreme Court at ... and Rules Announced at ..., 第 504 卷United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner Banks & Bros., Law Publishers, 1991 |
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第 10 頁
... Congress surely meant that exhaustion be serious and meaningful . The purpose of exhaustion is not to create a procedural hurdle on the path to federal habeas court , but to channel claims into an appropriate forum , where meritorious ...
... Congress surely meant that exhaustion be serious and meaningful . The purpose of exhaustion is not to create a procedural hurdle on the path to federal habeas court , but to channel claims into an appropriate forum , where meritorious ...
第 14 頁
... Congress has provided for the disposition of ha- beas corpus petitions , a procedure including such nonappel- late functions as the allegation of facts , 28 U. S. C. § 2242 , the taking of depositions and the propounding of ...
... Congress has provided for the disposition of ha- beas corpus petitions , a procedure including such nonappel- late functions as the allegation of facts , 28 U. S. C. § 2242 , the taking of depositions and the propounding of ...
第 20 頁
... Congress enacted only three years after we decided Townsend . Subsection ( d ) pro- vides that state court factfinding " shall be presumed to be correct , unless the applicant shall establish " one of eight listed circumstances . Most ...
... Congress enacted only three years after we decided Townsend . Subsection ( d ) pro- vides that state court factfinding " shall be presumed to be correct , unless the applicant shall establish " one of eight listed circumstances . Most ...
第 21 頁
... Congress established a procedural framework that relies upon Townsend's continuing validity . In general , therefore , overruling Townsend would frustrate the evident intent of Congress that the question of when a hearing is to be held ...
... Congress established a procedural framework that relies upon Townsend's continuing validity . In general , therefore , overruling Townsend would frustrate the evident intent of Congress that the question of when a hearing is to be held ...
第 31 頁
... Congress recognized that " a litigant whose filing fees and court costs are assumed by the public , unlike a paying litigant , lacks an economic incentive to refrain from filing frivolous , mali- cious , or repetitive lawsuits ...
... Congress recognized that " a litigant whose filing fees and court costs are assumed by the public , unlike a paying litigant , lacks an economic incentive to refrain from filing frivolous , mali- cious , or repetitive lawsuits ...
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