Search for: "Habeas Corpus Cases"
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18 Nov 2019, 7:33 am
The order staying execution followed an application for a writ of habeas corpus filed according to the provisions of Texas Code of Criminal Procedure Article 11.071 §5 and a motion to stay applicant’s execution. [read post]
3 May 2021, 2:28 pm
Although his case has been reviewed in military tribunals, the US Supreme Court has held that these do not amount to the same procedural right as a habeas corpus proceeding. [read post]
11 Sep 2007, 8:32 am
It could happen again Thursday.And:During the two-hour hearing Thursday, Ford cited two reasons why the district attorney's office should be taken off the case and why a special prosecutor should be appointed to handle Richardson's writ of habeas corpus, which alleges that Richardson was illegally convicted because of fundamental legal errors and misconduct. [read post]
18 Feb 2010, 9:03 am
On a side note, this opinion offers a great review of the evolution of the Personal Restraint Petition, and its development from the Writ of Habeas Corpus. [read post]
22 Jan 2019, 9:22 am
On the facts of this case, the Supreme Court held that given the initial period of accommodation pursuant to the police powers of protection, the key question in this case was whether the parents’ actions after the expiry of the police protection amounted to ‘an unequivocal request for the children to be returned’. [read post]
13 Sep 2010, 5:11 am
”[4] Abraham Lincoln defended his unilateral suspension of habeas corpus at the beginning of the Civil War by asking “are all the laws but one, to go unexecuted, and the government itself go to pieces, lest that one be violated? [read post]
13 Jun 2008, 9:53 am
"We hold that petitioners may invoke the fundamental procedural protections of habeas corpus. [read post]
1 May 2008, 12:14 am
(photo credit) Although the Supreme Court has not yet handed down its judgment in Boumediene & Al Odah (and I believe, like many others, that it will in fact extend constitutional habeas corpus entitlements to the base on reasoning along the ‘unincorporated territory of the United States' lines), the focus of the paper is more on the strategic reasons that might lie behind failures to argue international human rights law… [read post]
3 Sep 2013, 7:46 am
The change in law made by this Act applies only to an application for a writ of habeas corpus filed on or after the effective date of this Act. [read post]
5 Jan 2017, 9:15 pm
Schmidt’s habeas corpus court found Schmidt actually innocent and his original trial lawyer thereby ineffective under the Sixth Amendment. [read post]
13 Apr 2011, 1:46 pm
Contrary to the claims of the Uighurs’ counsel, it added, “the writ of habeas corpus is effective at Guantanamo Bay. [read post]
7 Jul 2009, 1:07 am
Circuit Court of Appeals has declined to grant Ocean County prosecutors a rehearing in the case of Paul Kamienski, a New Jersey prisoner released on a habeas corpus writ last month after serving two decades in prison based in part on a murder conviction. [read post]
5 Jan 2012, 11:40 am
In September, Rodriguez turned down Hernandez-Llanas' request for habeas corpus (a type of appeal), but his lawyers Wednesday asked the judge to reconsider, arguing that Rodriguez made his decision based on incorrect information provided by a clerk who reviews death-penalty habeas petitions for the court. [read post]
4 Apr 2016, 7:26 am
Yet Congress was not willing to let go of the safety valve of federal habeas corpus review of state convictions altogether. [read post]
28 Apr 2011, 6:18 am
The Court of Criminal Appeals has held that a defendant can obtain relief through habeas corpus when they can establish actual innocence based on newly available evidence. [read post]
27 Nov 2006, 3:38 am
Rather, as the Hamdan case suggests, they involve questions of the separation of powers, the scope of Presidential power in wartime, and the President's (and Congress's) authority to regulate aliens.The Bush Administration has not chipped away at civil protections liberties where they are strongest, but rather where they are weakest: cases involving statutory rights, the scope of habeas corpus jurisdiction, the rights of aliens, particularly aliens held… [read post]
15 Jun 2010, 8:18 am
A habeas corpus petition challenges the constitutional legality of an inmate's imprisonment. [read post]
14 Sep 2022, 3:41 pm
[T]he Court notes that Petitioner's newer habeas action has also been assigned a case number that begins with 2. [read post]
30 Nov 2010, 1:33 pm
The inability of the state to recruit lawyers for post-conviction challenges, or habeas corpus petitions, has caused a major bottleneck in the state's criminal justice system. [read post]
19 Oct 2021, 9:57 am
Bini faced 70 days of imprisonment until a Habeas Corpus decision considered his detention illegal (a decision that confirmed the weakness of the initial detention). [read post]
