Search for: "Habeas Corpus Cases" Results 181 - 200 of 4,148
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23 Jun 2022, 11:23 am by Ilya Somin
Bush, where Scalia warned that giving habeas corpus rights to War on Terror detainees "will almost certainly cause more Americans to be killed. [read post]
23 Jun 2022, 4:00 am by Sherry F. Colb
Likewise, a few African Americans were able to use habeas corpus to escape the moral atrocity of slavery at a time when the law more broadly protected slaveholders and not enslaved persons. [read post]
21 Jun 2022, 12:00 pm by Mridula Raman
He wanted to use that information in his federal habeas corpus proceedings, i.e., his challenge to his state-court conviction and death sentence. [read post]
20 Jun 2022, 6:42 am by Unreported Opinions
Criminal procedure — Writ of habeas corpus — COVID-19 This is an appeal from a denial of a request for habeas corpus relief. [read post]
20 Jun 2022, 6:41 am by Unreported Opinions
Criminal procedure — Writ of habeas corpus — COVID-19 This is an appeal from a denial of a request for habeas corpus relief. [read post]
16 Jun 2022, 9:00 pm by Michael C. Dorf
As the dissenters note, courts routinely grant writs of habeas corpus without ordering release. [read post]
This week, the New York Court of Appeals rejected a bid for writ of habeas corpus from an unusual petitioner: Happy, a 51-year-old, female Asian elephant, currently living in captivity at the Bronx Zoo. [read post]
16 Jun 2022, 4:27 am by Nancy E. Halpern, D.V.M.
  As the majority states, neither dissent provides a cognizable standard to be applied in habeas corpus petitions for nonhuman animals following the first case in which an animal was successful. [read post]
16 Jun 2022, 4:27 am by Nancy E. Halpern, D.V.M.
  As the majority states, neither dissent provides a cognizable standard to be applied in habeas corpus petitions for nonhuman animals following the first case in which an animal was successful. [read post]
14 Jun 2022, 6:58 pm by Shalini Bhargava Ray
The government detained Arteaga-Martinez pending resolution of his claim, and after four months of detention, he sought release via a writ of habeas corpus. [read post]
14 Jun 2022, 9:45 am by Eugene Volokh
The question is not whether Happy's detention violates some statute: historically, the Great Writ of habeas corpus was used to challenge detentions that violated no statutory right and were otherwise legal but, in a given case, unjust. [read post]
3 Jun 2022, 8:02 am by INFORRM
Seeking the journalist’s release, Prashant Kanojia’s wife, Jagisha Arora approached the Supreme Court of India in a Habeas Corpus Petition. [read post]
30 May 2022, 9:01 pm by Austin Sarat
”Shinn is not the first time that conservative Justices have elevated finality over justice even if doing so risks executing the innocent.In 1993, Herrera v Collins, with then Chief Justice Rehnquist writing for another six-Justice majority, held that a death row inmate was not entitled to federal habeas corpus relief when his petition was based on a claim that new evidence proved his innocence but did not allege any other federal constitutional violation.Rehnquist argued… [read post]
30 May 2022, 8:17 am by John Floyd
It is commonly known in federal habeas corpus proceedings as “procedural default. [read post]
25 May 2022, 12:53 pm by Michael C. Dorf
After summarizing Martinez Ramirez as briefly as possible, I'll note some other instances of the practice.A person in state custody may challenge his conviction or sentence by bringing a habeas corpus petition in federal court, but a combination of judge-made and statutory obstacles renders it extremely difficult for anyone--including people whose trials or sentencing hearings were constitutionally defective and some who are in fact innocent--to obtain a habeas writ. [read post]
24 May 2022, 4:08 am by Emma Snell
Signup to receive the Early Edition in your inbox here. [read post]