Collateral Review & PCR

Question 1

what are the types of collateral review

Answer 1

1. state court collateral review for ∆ convicted in state court
2. federal court collateral review for ∆ convicted in federal court
3. federal court collateral review for ∆ convicted in state court – habeas corpus

Question 2

what is is habeas corpus

Answer 2

a claim challenging the legality of the detention. can only be invoked to challenge pretrial detention. basically saying the state conviction was in violation of federal constitutional rights.

ex: litigation challenging detention without trial of US citizens alleged to be enemy combatants

Question 3

If SCOTUS adopts a new rule that could reverse convictions, it’ll apply to any pending trial or appeal that is not yet final. But what about for habeas cases?

Answer 3

no. the new rule will only be applied retroactively for habeas cases if

1. substantive: the new rule places the conduct beyond the authority of the government to proscribe in the first place
2. procedural: the new rule is a watershed rule related to a procedure implicit in concept of ordered liberty – never happens