Title 9, Chapter 14, Section 40
( 9-14-40)
(a) The General Assembly finds that: (1) Expansion of the scope of habeas corpus in federal court by
decisions of the United States Supreme Court together with other
decisions of the court substantially curtailing the doctrine of
waiver of constitutional rights by an accused and limiting the
requirement of exhaustion of state remedies to those currently
available have resulted in an increasingly large number of
convictions of the courts of this state being collaterally
attacked by federal habeas corpus based upon issues and
contentions not previously presented to or passed upon by courts
of this state; (2) The increased reliance upon federal courts tends to weaken
state courts as instruments for the vindication of constitutional
rights with a resultant deterioration of the federal system and
federal-state relations; and (3) To alleviate such problems, it is necessary that the scope of
state habeas corpus be expanded and the state doctrine of waiver
of rights be modified. (b) The General Assembly further finds that expansion of state
habeas corpus to include many sharply contested issues of a factual
nature requires that only the superior courts have jurisdiction of
such cases. |