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- Title
Ariadne's Provisions: A 'Clue of Thread' to the Intricacies of Procedural Default, Adequate and Independent State Grounds, and Florida's Death Penalty.
- Authors
Robson, Ruthann; Mello, Michael
- Abstract
This Article explores the refusal of federal courts to grant habeas corpus review to state death penalty decisions where the state court has refused review based upon discretionary or haphazardly applied state procedural rules. Specifically, the Article evaluates whether state procedural rules that are applied with discretion and with haphazard application furnish an adequate and independent ground for barring federal court review. Employing a metaphor from greek mythology; the authors compare federalism to a great labryinth which houses a "deadly" sanction within its intricate procedural passageways. The Article is offered as a "clue of thread" to navigating the habeas corpus passage and assuring that death penalty decisions are subject to adequate procedural scrutiny, The authors, contend that the United States Supreme Court's decision in Wainwright v. Sykes implicitly imports a requirement from federal direct review to federal habeas corpus review: that adequate and independent state grounds for the decision to deny review must exist before a federal court is barred from reviewing a federal constitutional claim. The authors evaluate the adequacy and independence of discretionary state procedural grounds and of haphazardly applied procedural default rules to bar federal habeas corpus review. The authors conclude that such procedural default rules that are applied with discretion do not furnish adequate or independent grounds to bar federal review of the merits of a death penalty case.
- Subjects
UNITED States; FLORIDA; PROCEDURAL default doctrine; CAPITAL punishment; ADEQUATE &; independent state grounds doctrine (Law); FEDERAL government
- Publication
California Law Review, 1988, Vol 76, Issue 1, p89
- ISSN
0008-1221
- Publication type
Article
- DOI
10.2307/3480498