The author analyzes recent United States Supreme Court decisions, which change the scope of federal habeas corpus review, and develops a model to promote a coherent view of the scope of habeas corpus. This model, which is based upon vindicating the underlying constitutional right, provides broad review of alleged violations which undermine the reliability of the fact finding process and provides narrow review of other alleged violations.
Sue M. Cobb,
The Search For a New Equilibrium in Habeas Corpus Review: Resolution of Conflicting Values,
32 U. Miami L. Rev.
Available at: http://repository.law.miami.edu/umlr/vol32/iss3/5