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10 Nov 2011, 5:41 pm
Whether the Court of Appeals’ manifest unwillingness to allow Guantanamo detainees to prevail in their habeas corpus cases calls for the exercise of this Court’s supervisory power. [read post]
10 Nov 2011, 12:20 pm
To understand this case we must first discuss the habeas corpus statute involved: Article 11.071, Texas Code of Criminal Procedure (Procedure in Death Penalty Cases), and the case law setting forth longstanding pleading requirements under the statute. [read post]
10 Nov 2011, 9:16 am
What You Should KnowHouston Lawyer Charles Johnson offers Post-Conviction Relief (he has on staff Texas' most prolific appellate and Habeas Corpus attorney), Parole (Attorney Johnson has personally developed ...Houston Lawyer » Do You Need A Criminal Appeal? [read post]
9 Nov 2011, 2:22 pm
Judge Janice Rogers Brown, for the majority, expressly adopts a presumption in favor of the government’s evidence in Guantanamo habeas cases–something the lower courts had declined to do on which the D.C. [read post]
8 Nov 2011, 11:20 pm
If his lawyers had files a writ of certiorari challenging the denial of the Pennsylvania Supreme Court’s decision not to hear his case or if Greene’s lawyers had raised the confrontation issue in a state writ of habeas corpus the conviction would have probably be reversed. [read post]
8 Nov 2011, 6:42 am
In its second decision, the Court summarily reversed the Sixth Circuit’s grant of habeas corpus in Bobby v. [read post]
7 Nov 2011, 8:23 am
Dixon:Under the Antiterrorism and Effective Death Penalty Act, a state prisoner seeking a writ of habeas corpus from a federal court "must show that the state court's ruling onthe claim being presented in federal court was so lacking in justification that there was an error well understood and comprehended in existing law beyond any possibility for fairminded disagreement. [read post]
6 Nov 2011, 10:54 am
In this extradition-related lawsuit, the defendant filed a petition for a writ of habeas corpus, challenging his potential extradition to the Dominican Republic. [read post]
5 Nov 2011, 8:20 am
If someone has had a hearing and it’s been more than 30 days they can file a habeas corpus petition in the court that sentenced them to prison. [read post]
5 Nov 2011, 7:22 am
The other, quite different way that the accuracy theme arises is in connection with habeas corpus and ineffective assistance of counsel cases, in which the defendant will typically attempt to raise concerns regarding wrongful conviction, either based on new evidence or based on arguments that a lower court incorrectly evaluated the old evidence. [read post]
4 Nov 2011, 8:36 am
§ 2254, a federal court may grant habeas corpus relief on a claim alleging suppression of exculpatory evidence when that evidence was unknown to law enforcement officials working on the case and without considering whether the state court might have rejected this claim. [read post]
3 Nov 2011, 12:10 pm
Justice Stevens: I think there might well be cases in which the outcome could be affected. [read post]
2 Nov 2011, 4:46 pm
Smith’s petition for a writ of habeas corpus was denied by the U. [read post]
1 Nov 2011, 9:00 pm
Thaler, covering certificates of appealability of habeas corpus cases from state court to federal court, and timeliness for filing for federal habeas corpus relief. [read post]
1 Nov 2011, 8:48 am
Lambert, 11-38, a state-on-top habeas case alleging that the Third Circuit failed to give appropriate deference to state-court decisions rejecting a prisoner’s Brady claim involving material found in a police file. [read post]
1 Nov 2011, 3:00 am
But whiledischarge . . . on [a] petition for habeas corpus . . . does not operate as res judicata . . . [read post]
31 Oct 2011, 9:30 pm
After all, if we take PETA's textual claim seriously, then we have the following lists of rights that respectively are, and are not, restricted to people. 1) Rights that can only be exercised by persons or people: Freedom of assembly; keep and bear arms; freedom from unreasonable searches and seizures; grand jury; self-incrimination; due process; birthright citizenship; equal protection; privileges and immunities. 2) Rights that are not limited to people: Habeas… [read post]
31 Oct 2011, 2:24 pm
And: Because the Court and Congress convinced themselves that death row inmates were dragging out the process of post-conviction appeals, they have dramatically restricted the ability of all defendants to seek habeas corpus, the primary vehicle for bringing constitutional challenges against state court convictions. [read post]
31 Oct 2011, 2:03 pm
Smith, the Court does exactly that, with today's 6-3 per curiam summary reversal of a decision by a panel of the Ninth Circuit granting a writ of habeas corpus to a petitioner convicted in California in the death of her 7-week old granddaughter. [read post]
31 Oct 2011, 5:40 am
Green that the habeas corpus remedy available to federal inmates does not preclude a Bivens remedy. [read post]
