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Criminal Law & Procedure: Lecture 4 (of 4): Criminal Appeals, Habeas Corpus Petitions, and Exam Review
Summary of Criminal Law & Procedure – Day 4
Introduction
Day 4 focuses on post-conviction relief and exam preparation. The session covers:
Criminal Appeals – The appellate process, standards of review, and common grounds for appeal.
Habeas Corpus Petitions – A post-conviction remedy for constitutional violations.
Exam Review & Practice Questions – Strategies for mastering criminal law and procedure questions.
I. Criminal Appeals
A criminal appeal is not a retrial but a review of legal errors that could impact a conviction or sentence.
A. Appellate Process
Notice of Appeal – Must be filed within a specific timeframe (typically 30 days).
Record on Appeal – Includes trial transcripts and evidence.
Appellate Briefs – Defense and prosecution submit written arguments.
Oral Arguments – Attorneys present cases before appellate judges.
Appellate Decision – The court may affirm, reverse, remand, or modify the case.
B. Standards of Review
De Novo – No deference to the trial court’s legal decisions.
Abuse of Discretion – Used for evidentiary rulings and sentencing.
Harmless Error – A conviction stands if an error didn’t affect the outcome.
C. Common Grounds for Appeal
Ineffective Assistance of Counsel (Strickland v. Washington)
Prosecutorial Misconduct (Brady v. Maryland)
Judicial Errors – Wrong jury instructions or evidentiary rulings.
Insufficient Evidence – Failure to prove guilt beyond a reasonable doubt.
Sentencing Errors – Violations of Eighth Amendment protections.
II. Habeas Corpus Petitions
A habeas corpus petition challenges unlawful detention based on constitutional violations.
A. Purpose of Habeas Corpus
Ensures due process and prevents wrongful imprisonment.
Allows review of cases with new evidence or procedural errors.
B. Federal vs. State Habeas Corpus
State habeas – Filed before seeking federal relief.
Federal habeas – Filed under 28 U.S.C. § 2254 (state prisoners) or § 2255 (federal prisoners).
C. Procedural Requirements
Exhaustion of State Remedies – All claims must be raised in state court first.
Time Limits – The AEDPA sets a one-year deadline for federal petitions.
Limited Review – Federal courts defer to state rulings unless unreasonable application of law is shown.
D. Common Habeas Corpus Claims
Ineffective assistance of counsel
Prosecutorial misconduct (e.g., withholding evidence)
Newly discovered evidence
Unconstitutional sentencing
III. Exam Review & Practice Questions
A. Exam Strategies
Multiple-Choice (MBE) – Spot rule misstatements, eliminate distractors, and prioritize procedural law.
Essay Questions (MEE) – Use IRAC (Issue, Rule, Analysis, Conclusion), cite case law, and analyze all elements.
B. Sample Questions & Answers
Fourth Amendment Search & Seizure – Analyze warrant exceptions and the exclusionary rule.
Self-Incrimination & Miranda Rights – Determine if a confession is admissible.
Ineffective Assistance of Counsel – Apply the Strickland test.
Prosecutorial Misconduct – Assess due process violations from Brady errors.
Conclusion
Day 4 covered criminal appeals, habeas corpus petitions, and bar exam strategies. Key takeaways:
Appeals address trial errors, while habeas corpus petitions challenge constitutional violations.
Strict procedural rules limit post-conviction relief.
Bar exam success depends on issue-spotting, structured answers, and knowledge of key legal principles.
This concludes our Criminal Law & Procedure review. Keep practicing and refining your approach for the bar exam!
Published on 10 months, 3 weeks ago