244.41 sec. 001 - Post Conviction Remedies (Fall 2019)
Instructor: Rudolph John Alejo (view instructor's teaching evaluations - degree students only)
Instructor: Cliff Gardner (view instructor's teaching evaluations - degree students only)
View all teaching evaluations for this course - degree students only
- M 3:35 PM - 6:15 PM
Location: Law 111
From August 19, 2019
To November 26, 2019
Course End: November 26, 2019
Class Number: 32606
Enroll Limit: 20
As of: 04/07 11:14 PM
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 both an opening brief and a petition, including a statement of facts, a legal claim, and supporting declarations.
The class will use the record from a real murder case the instructors litigated together in 2013. In the beginning of the semester, students will be given the trial record in the case and 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 prosecutors and exonerated defendants, who will provide different perspectives on the post-conviction process. There are two instructors, one an experienced post-conviction lawyer whose clients include one of the Menendez brothers and Scott Peterson, and the other a recent Berkeley Law graduate (and former student in the course) who has opened a successful post-conviction practice of his own.
Attendance at the first class is mandatory for all currently enrolled and waitlisted students; any currently enrolled or waitlisted students who are not present on the first day of class (without prior permission of the instructor) will be dropped. The instructor will continue to take attendance throughout the add/drop period and anyone who moves off the waitlist into the class must continue to attend in order not to be dropped.
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Instructor has indicated that no books will be assigned.