244.4 sec. 1 - Post-Conviction Remedies (Fall 2013)
Instructor: Larry Gibbs (view instructor's teaching evaluations)
Instructor: Cliff Gardner (view instructor's teaching evaluations)
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Meeting Time: M 3:35-6:15
Meeting Location: 115
Course Start: August 26, 2013
Class Number (formerly Course Control Number) (Non-1Ls): 49561
Criminal appeals and the 'Great Writ' of habeas corpus are the two principal vehicles for challenging the government's unlawful imprisonment of persons within its jurisdiction. This course will provide both a theoretical and intensely practical introduction to both areas of practice.
On the theoretical side, the course will examine the nature of, and differences between, direct appeal and habeas corpus; the various procedural bars on both state and federal habeas review of criminal convictions; the most common legal challenges to imprisonment including violation of the Sixth Amendment right to counsel and the Fifth Amendment right to disclosure of all exculpatory evidence; and doctrinal limitations including federalism and finality of state judgments.
On the practical side, students will learn how to read a trial court record, spot and develop issues, investigate habeas claims, and draft a brief and petition, including a statement of facts, a legal claim, and supporting declarations.
The class will use real cases as teaching vehicles. In the beginning of the semester, students will be given the state record in an actual case, and we will use that record for various exercises throughout the class. Readings will include important cases on habeas corpus, the scope of direct appeal, and statutory materials. Students will be graded on the quality of their classroom participation, and written work.
We will also have various guest speakers, including exonerated defendants, prosecutors, and judges, who will provide divergent perspectives on the post-conviction process. The instructors are two experienced post-conviction lawyers who have argued numerous cases in the United States and California Supreme Courts, have represented death row inmates in California, Arizona, Montana and Idaho, and have represented habeas petitioners in numerous evidentiary hearings in state and federal court.
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Instructor has indicated that no books will be assigned.