Federal habeas corpus relief first became available to state prisoners in 1867, when the Judiciary Act, which originally applied only to federal prisoners, was amended. Historically, habeas corpus inquiry had been restricted to the question of whether the convicting tribunal had jurisdiction over the person of the defendant and the subject matter of the offense. However, the scope of the federal writ has been gradually expanded until it is now used to test the constitutional validity of a conviction. At the same time, the Supreme Court has placed several limitations upon the availability of federal habeas corpus to state prisoners.
I. Traditional Remedies
II. Statutory Remedies
III. Judicial Expansion of Traditional Remedies
Dennis C. Karnopp,
Post Conviction Remedies,
46 Neb. L. Rev. 135
Available at: http://digitalcommons.unl.edu/nlr/vol46/iss1/9