An Empirical Study of Federal Habeas Corpus Review of State Court Judgments

摘要

The report offers preliminary analysis of data collected in six federal district courts and one court of appeals on petitions filed under 28 U.S.C. 2254 seeking federal habeas corpus review of state court judgments. The report constructs a composite picture of the petitioners and describes the contents of the petitions, including the grounds alleged and the grounds upon which relief was granted. It analyzes several of the factors found to be significant determinants of success, including the presence and nature of counsel, the basis of the claim, the court in which the petition was filed, the judge who heard it and the process to which it was subjected.