Preserving Justice in Capital Cases While Streamlining the Process of Collateral Review
UVA Law Faculty Affiliations
In this article, the author examines the process of collateral review in captial cases. While agreeing that the current procedure is inefficient and fraught with delays, the author argues against the proposals of the Bush Administration's crime bill and the Powell Committee. Rather he urges that states provide better representation at trial for capital defendants and more aggressive appellate review. He contends that federal courts should no longer require that state procedures be exhausted before federal review can occur and the procedural defaults in state courts should not foreclose federal review if the defaulted claim implicates the reliability of the conviction or death sentence.