NCJ Number
12615
Journal
Harvard Law Review Volume: 87 Issue: 2 Dated: (DECEMBER 1973) Pages: 321-372
Date Published
1973
Length
52 pages
Annotation
ANALYSIS OF ALL 257 STATE PRISONER APPLICATIONS IN THE MASSACHUSETTS DISTRICT COURT 1970-72, THEIR HANDLING AND DISPOSITION, AND THE EFFECT OF SUPREME COURT DECISIONS.
Abstract
THE COURT'S FILES WERE EXAMINED, STATE POSTCONVICTION FILES WERE REVIEWED AND INTERVIEWS WERE HELD WITH JUDGES, COURT CLERKS, DEFENSE LAWYERS, GOVERNMENT LAWYERS AND PRISONERS. IT WAS FOUND THAT ABOUT HALF OF THE PETITIONS WERE ATTACKS ON CONVICTION WITH THE REMAINDER VARYING FROM QUESTIONS ON SENTENCING OR COMPLAINTS PENDING TRIAL TO PROBLEMS INVOLVING PRISON DISCIPLINE OR CONDITIONS. MORE THAN HALF OF THE PETITIONS WERE SUMMARILY DISMISSED IN THE FIRST YEAR OF THE STUDY, 45 PERCENT IN THE SECOND AND 32 PERCENT IN THE THIRD. THE LEADING BASIS FOR DISMISSAL WAS THE FAILURE TO EXHAUST STATE REMEDIES PRIOR TO SEEKING THE FEDERAL RELIEF. HOWEVER, THE AUTHOR FOUND THAT IN MANY CASES, DISMISSALS FOR FAILURE TO EXHAUST WERE ACCOMPANIED BY PROCEDURAL SUGGESTIONS AND THUS SATISFYING IN SOME WAY TO THE PETITIONERS. ONLY 10 OF THE 257 PETITIONS STUDIED ENDED IN ORDER EFFECTIVELY DISCHARGING THE PETITIONER, BUT THE FILING FOR A HABEAS PROCEEDING CAN RESULT IN REACTIVATION OF STALLED STATE COURT ACTIONS AND AS REASSURANCE THAT A DISINTERESTED FEDERAL AUTHORITY WILL REVIEW THE CORRECTNESS OF THE STATE CONVICTION. THE AUTHOR NOTES THAT INCREASED PARTICIPATION BY COUNSEL HAS SHARPENED THE ISSUES INVOLVED BUT THAT INCREASED DELEGATION OF PROCESSING PETITIONS TO FEDERAL MAGISTRATES TENDS TO LESSEN THE RESPONSIBILITIES OF THE COURT. THE STUDY SHOWS THAT MANY OF THE FEARS REGARDING AN EXPANDED HABEAS CORPUS ACTION WHICH RESULTED FROM THREE 1963 SUPREME COURT CASES HAVE NOT BEEN REALIZED. THE VOLUME OF PETITIONS HAS NOT BEEN AS LARGE, THE DE NOVO FACTUAL REDETERMINATIONS AS FREQUENT, NOR SUCCESSIVE PETITIONS AS NUMEROUS AS CRITICS HAD SUGGESTED.