Briefly trace the steps in a typical state felony case from commission of the crime to habeas corpus. Briefly describe what happens at each step. What are the legal methods by which someone convicted in state court could challenge their conviction in a federal court?
What will be an ideal response?
Criminal cases begin with a criminal complaint filed in misdemeanour crimes, or indictments in felony cases where grand juries are used. After arrest, the defendant is arraigned before a judge or magistrate, a plea is taken, and the case is bound over for trial. A preliminary hearing is usually held, where a judge decides only if sufficient evidence exists to justify a trial. A state prisoner ordinarily uses a writ of habeas corpus in attempting to get his or her case into the federal courts. To do this, a violation of a right under the U.S. Constitution must be shown. Because there are very few violations (or errors) of this type, few habeas corpus hearings are granted.
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