POL SCI 145E Lecture 9: Lecture 2_7_19
Document Summary
North carolina had revamped its jury participation procedures to comply with the 14th amendment there was some idea that new procedures were unconstitutional. It had to do with an appeal at the state level. When you file habeas corpus at the state level, when it went to supreme court level they denied it cert. One argument was we can"t interpret the denial of cert. Thus it ought to be heard by the supreme court. Even though supreme court didn"t hear it it was seen monumental because some votes were in favor of hearing it. People disagree whether it was a turning point. Frankfurt was like look we are talking about the great writ nd we have to remember waht that means to our system. Brown v allen expands scope of habeas petitions to include claims of constitutional error. Habeas corpus: took on this idea of being a writ that had to do with liberty and essential freedom from confinement.
