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Rossum V. Patrick

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Rossum v. Patrick
659 F.3d 722
C.A.9 (Cal.), 2011.
September 13, 2011

Taylor Ruotsala
Criminology 105, Section 01
Professor Weitz
April 22, 2012

Rossum v. Patrick
Introduction
In California, the state supreme court, intermediate courts of appeal and superior courts all have original habeas corpus jurisdiction (Cal. Const. art. VI, § 10. ) Habeas corpus has been an influence within legal matters since 1305 in England. It is translated to mean, “you have the body.” In many Supreme Courts all over the United States, there were different rulings that involved habeas corpus. So much that it became a statute in the Constitution, 28 USC § 2241, the Power to grant writ. This statute expresses the power and limitations that are given to Congress. In Article 1 section 9, the limitations of Congress are expressed: “the Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it” (Cornell).
Many defendants argue that their counsel has not represented them fair enough to the jury, which would fail to determine the most just and righteous decision by the jury. Therefore, they file a habeas corpus petition. “The writ of habeas corpus serves as an important check on the manner in which state courts pay respect to federal constitutional rights” (Lectric Law). The writ checks the authority of the court system and the elasticity of their powers. In Rose v. Lundy, 455 U.S. 509, 520 (1982), it states that each claim must be fully and totally exhausted before a district court may reach the merits of any claim in habeas petition. A petitioner is entitled to habeas relief only if it can be established that the constitutional error had "substantial and injurious effect or influence in determining the jury's verdict" (Brecht v. Abrahamson, 1993).
The case of Rossum v. Patrick (2011), Kristin…...

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