Remedies. While a petition is pending, a federal district or appellate court may stay any state court proceeding against the petitioner. When an indigent death row petitioner files for appointment of counsel before filing a legally sufficient petition for habeas relief, the habeas proceeding has commenced for purposes of § 2251, and the federal court is consequently authorized to stay the execution. A federal court granting habeas relief has wide discretion in choosing the appropriate remedy. Courts have ordered the state to resentence a petitioner, reclassify a petitioner's conviction, or grant the petitioner a retrial on specific issues. Unconditional release of the petitioner is a remedy of last resort, generally granted only when a state has failed to comply with federal court orders specifying other forms of relief.
Review Proceedings: Habeas Relief for State Prisoners (2020 Update) - Remedies.
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- By Georgetown University and The Georgetown Law Journal
- Parent Category: Criminal Justice and Racism
- Category: Post-Conviction
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Race, Racism and the Law
Vernellia R. Randall
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