Abstract

http://ssrn.com/abstract=2327349
 


 



Drowned Out Without Discovery: Postconviction Procedural Inadequacy in an Era of Habeas Deference


Rachel Cohen


Georgetown University Law Center

Krista A. Dolan


American University - Washington College of Law

2013

Criminal Law Practitioner, 2014

Abstract:     
This paper discusses discovery mechanisms in Kentucky and the existing inadequacies of those mechanisms. It further discusses the need, in light of recent Supreme Court decisions and federal statute, to expand access to discovery in the postconviction context. It considers the “fast-track” provision of the Anti-Terrorism and Effective Death Penalty Act and its failure to address a postconviction litigant’s access to discovery. It also discusses the need for adequate postconviction discovery procedures, as well as an overview of existing state law. This paper analyzes Kentucky’s Open Records Act and associated issues with obtaining records via open records procedures, and finally, it discusses potential options for implementing a mechanism providing postconviction litigants with meaningful access to discovery.

Number of Pages in PDF File: 17

Keywords: AEDPA, habeas, discovery, postconviction, Pinholster, 154, Kentucky

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Date posted: September 19, 2013 ; Last revised: February 5, 2014

Suggested Citation

Cohen, Rachel and Dolan, Krista A., Drowned Out Without Discovery: Postconviction Procedural Inadequacy in an Era of Habeas Deference (2013). Criminal Law Practitioner, 2014. Available at SSRN: http://ssrn.com/abstract=2327349

Contact Information

Rachel Cohen
Georgetown University Law Center ( email )
600 New Jersey Avenue, NW
Washington, DC 20001
United States
Krista A. Dolan (Contact Author)
American University - Washington College of Law ( email )
4801 Massachusetts Avenue N.W.
Washington, DC 20016
United States
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