Bowe v. United States · ¶138
That should come as no surprise either. The writ of habeas corpus traditionally addressed cases of executive detention without trial. Accordingly, a federal prisoner was ineligible for habeas corpus if he had been convicted by a court of competent jurisdiction. See id., at 663; Brown v. Daven port, 596 U. S. 118, 128–129 (2022). It was not until the 20th century that this Court began allowing federal prisoners to mount collateral attacks on jurisdictionally sound convictions. Cf. Glasgow v. Moyer, 225 U. S. 420, 429 (1912) (“The principle of the cases is the simple one that if a court has jurisdiction of the case the writ of habeas corpus cannot be employed to re-try the issues, whether of law, constitutional or other, or of fact”). Put simply, for much of our Nation's history, there was no collateral review of the vast majority of convictions, much less a right to certiorari in such…Read in context ›
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