William Hughes: “Mr. Chairman, first of all, I think Members should understand that Hyde has basically returned us to existing law, which…”

“Mr. Chairman, first of all, I think Members should understand that Hyde has basically returned us to existing law, which is a mess. I mean, if anything, habeas corpus has been substantially abused in this country, and I think most Members want to reform it. Our colleague from Florida indicated that there are no differences between what is in the committee bill and Derrick, and that is nonsense. The Derrick amendment makes four major important changes. First of all, insofar as new rules, the Derrick amendment prohibits any retroactivity for new rules. That means that any new rules that come out of the Supreme Court after the defendant was convicted cannot be raised in a habeas corpus proceeding, period. Second, it absolutely prohibits defendants from raising claims in Federal court that were not raised in State courts. That is a major change over what is in the committee bill which I support. Third, it eliminates multiple petitions, one bite at the apple, with the exception of where the claim goes to the defendant's guilt or legal eligibility for the death sentence. I would like to hear from those who would not want to permit that to be raised if it goes to the defendant's guilt. Finally, it says the courts, the States, have 1 year to implement procedures for giving defendants competent counsel. Now, if you want to reform habeas corpus, you provide competent counsel.”