Update: COVID-19 and State Habeas Corpus

In an earlier bulletin, I discussed the possibility that state habeas petitions could emerge as a remedy for medically vulnerable prisoners in North Carolina, as they have in other states (most notably New York). While it remains too early to tell how North Carolina courts will respond, there have been some important developments in recent weeks, as a number of prisoners have asked courts to consider their petitions. This post explores the status of two of those cases and related legal issues regarding the viability of state habeas as a remedy for prisoners uniquely endangered by COVID-19.

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