There are many instances in which a state's prisoner, after being denied his liberty for years, has subsequently, upon issuance of federal writ of habeas corpus, either been proven innocent or adjudged entitled to a new trial upon grounds that he was denied some constitutional right during the process of his state court trial. In some of these cases it has been clear from the very beginning that if the allegations of the writ were proven, the detention was unconstitutional. Yet the prisoner is still forced to endure years of confinement while exhausting state remedies before federal habeas corpus is available to him. The purpose here is to review the history of the federal writ of habeas corpus as presently embodied in 28 U.S.C. § 2241 and to discuss the proper application to be given to 28 U.S.C. § 2254, which in certain instances, requires exhaustion of state remedies before habeas corpus may be brought in the federal courts.
Exhaustion of State Remedies before Bringing Federal Habeas Corpus: A Reappraisal of U.S. Code Section,
43 Neb. L. Rev. 120
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