Search for: "Habeas Corpus Cases"
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20 Oct 2011, 9:59 am
” DOJ said if the decision is allowed to stand it will require federal agencies and trial judges to second-guess earlier court decisions and habeas corpus proceedings. [read post]
18 Oct 2011, 12:18 pm
One of the greatest Americans who ever lived, Abraham Lincoln, suspended the great writ of habeas corpus during the Civil War. [read post]
18 Oct 2011, 8:50 am
Thish was evident in the Byrne v Minister for Finance case, where the Supreme Court eschewed any excessively literalist approach to the existing article 35.5, privileging the purpose and value of the literal rule. [read post]
18 Oct 2011, 8:32 am
Alan Shatter was clearly correct when he stated: “Any attempt to reduce judges’ pay to pressure judges to conform to a government’s view of how cases should be decided would plainly offend this guarantee [in article 35.2]”. [read post]
18 Oct 2011, 6:06 am
A writ of habeas corpus ad prosequendum is, in effect, an order issued by a United States District Court telling whoever is holding a person to send the person to that court so the person can be prosecuted. [read post]
17 Oct 2011, 3:17 pm
My thesis is as follows: Habeas Corpus, as a unified body of law, is becoming increasingly difficult to teach. [read post]
15 Oct 2011, 4:09 pm
The First District of Houston has sided with the argument that Padilla should apply retroactively in habeas corpus claims in Texas because the rule comes under the pre-existing umbrella of defendants' Sixth Amendment rights to have the effective assistance of counsel. [read post]
15 Oct 2011, 3:21 am
Having been rebuffed on the detainer, they went back to the well for a Writ of Habeas Corpus Ad Prosequendum, which doesn't require any signoff, but Chafee responded, "too late. [read post]
14 Oct 2011, 8:36 am
It’s a bad sign for the habeas petitioner, at oral argument in a habeas corpus case, when Justice Scalia asks almost no questions. [read post]
13 Oct 2011, 9:00 pm
Circuit listing the lead plaintiff as Mahmoad Abdah in this Guantanamo inmate habeas corpus case. [read post]
12 Oct 2011, 3:00 pm
On Tuesday, the Court heard a trio of cases that came to it because prisoners who are being held in state prisons are in federal court seeking a writ of habeas corpus. [read post]
12 Oct 2011, 7:45 am
Thaler (relisted after the 9/26 and 10/7 Conferences) Docket: 11-6391 Issue(s): (1) Whether the defendant’s race or ethnic background was used impermissibly as an aggravating circumstance in the punishment phase of a capital murder trial; (2) whether the defendant’s race was used as evidence of future dangerousness during the punishment phase of a capital murder trial; (3) whether a reasonable jurist could believe this case presents extraordinary circumstances… [read post]
8 Oct 2011, 10:57 am
The NHRC has been constituted to inquire into cases of violation of and for protection and promotion of human rights. [read post]
8 Oct 2011, 5:00 am
Greene then filed a timely federal habeas corpus petition. [read post]
7 Oct 2011, 3:18 pm
Thaler (relisted after the 9/26 Conference) Docket: 11-6391 Issue(s): (1) Whether the defendant’s race or ethnic background was used impermissibly as an aggravating circumstance in the punishment phase of a capital murder trial; (2) whether the defendant’s race was used as evidence of future dangerousness during the punishment phase of a capital murder trial; (3) whether a reasonable jurist could believe this case presents extraordinary circumstances justifying… [read post]
7 Oct 2011, 8:33 am
Habeas Corpus Art. [read post]
6 Oct 2011, 9:41 am
Fields, argued October 4, 2011, involves both the application of the Miranda rule and the provision of the Antiterrorism and Effective Death Penalty Act (AEDPA) that a writ of habeas corpus is appropriate if the trial court acted contrary to a clearly established rule of law as determined by the U.S. [read post]
5 Oct 2011, 4:53 pm
With respect to habeas corpus, two cases involve Michigan v. [read post]
4 Oct 2011, 9:52 am
The rules for knocking off U.S. citizens might be different during wartime (Abraham Lincoln suspended the right of habeas corpus in 1861), and that might be constitutional (the Supreme Court found Lincoln's suspension of habeas unconstitutional, but the Supreme Court doesn't have an army). [read post]
4 Oct 2011, 5:20 am
Evidence of faulty test results could be presented in a writ of habeas corpus, but it is doubtful that would be enough - especially since the state still claimed there was nothing wrong with the DNA testing. [read post]
