Author Question: When can a habeas corpus proceeding resemble a criminal trial? What will be an ideal ... (Read 57 times)

nmorano1 · **on:** Aug 24, 2018

When can a habeas corpus proceeding resemble a criminal trial?

What will be an ideal response?

Question 2

Recent studies show that most decisions of criminal defendant to represent themselves pro se is irrational.

Indicate whether the statement is true or false

diana chang · **Reply #1 on:** Aug 24, 2018

Answer to Question 1

An appellate court reviewing a habeas corpus petition can engage in fact-finding under certain limited circumstances. The leading case in this area is Townsend v. Sain, 372 U.S. 293 (1963). The Supreme Court identified six specific circumstances in which a habeas court may engage in independent fact-finding:
(1) the merits of the factual dispute were not resolved in the state hearing; (2) the state factual determination is not fairly supported by the record as a whole; (3) the fact-finding procedure employed by the state court was not adequate to afford a full and fair hearing; (4) there is a substantial allegation of newly discovered evidence; (5) material facts were not adequately developed at the state court hearing; or (6) for any reason it appears that the state trier of fact did not afford the habeas applicant a full and fair hearing.

Answer to Question 2

FALSE