Search for: "Habeas Corpus Cases"
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11 Feb 2022, 6:30 am
Collapse moves through the history by tracing the rise and fall of four remedies: causes of action against (1) state and (2) federal officials, (3) the habeas corpus writ, and (4) the Fourth Amendment exclusionary rule. [read post]
10 Feb 2022, 6:30 am
The latter types of suits are often litigated by companies objecting to administrative agency regulation.Federal courts, Huq contends, have put up hurdle after hurdle to judicial remedies for unlawful action in suits involving government violence or civil rights: constitutional standing, qualified immunity, sovereign immunity, stringent interpretations of legal standards for writs of habeas corpus. [read post]
9 Feb 2022, 6:30 am
In a section on “The Rise of Remedies,” Huq notes the 1871 Ku Klux Klan Act (with its key provision, today known as “Section 1983”) and an 1867 amendment to the 1789 Judiciary Act that expanded the power of federal courts to issue the writ of habeas corpus. [read post]
4 Feb 2022, 10:56 am
” In Dean’s habeas corpus petition to the Nevada Supreme Court, the court concluded that the district court erred in denying Dean's post-conviction petition, “as counsel's performance fell below an objective standard of reasonableness and resulted in prejudice. [read post]
1 Feb 2022, 9:03 pm
The 8-page filing claims to be a “Write of Habeas Corpus” to redress the violation of Miller’s rights. [read post]
1 Feb 2022, 12:59 pm
For nearly a year, the prime suspect in the case was Ms. [read post]
22 Jan 2022, 8:46 am
Understandably frustrated, he filed a habeas corpus petition. [read post]
21 Jan 2022, 2:02 pm
In December 2021, attorney MacRae responded to Langley’s ruling by filing a 58-page Request for Grant of Application for Writ of Habeas Corpus in the Texas Court of Criminal Appeal. [read post]
19 Jan 2022, 5:52 am
” A true contempt order may be challenged only through a writ of habeas corpus or a writ of mandamus. [read post]
17 Jan 2022, 11:19 am
Or, if the appeals don’t go your way and you end up moving up the ranks of the courts, you have one last safeguard: the writ of habeas corpus, which argues that your Constitutional rights were violated. [read post]
14 Jan 2022, 5:08 pm
Twyford, involving (among other things) whether a court must determine whether evidence would help an inmate seeking a writ of habeas corpus and whether the court can consider that evidence before the court grants an order allowing the inmate to develop new evidence. [read post]
13 Jan 2022, 6:00 am
The respondents then filed habeas corpus petitions in federal court. [read post]
12 Jan 2022, 2:24 pm
Justice Amy Coney Barrett asked what protections might be warranted when immigration proceedings “drag on,” and Raynor responded that an as-applied constitutional challenge remained available via a petition for a writ of habeas corpus. [read post]
11 Jan 2022, 5:31 am
For example, when I took the course (from the late great Dan Meltzer) in 1989, the Supreme Court had cut back on but not yet gutted federal habeas corpus as a mechanism for challenging state court convictions and sentences. [read post]
5 Jan 2022, 9:30 pm
Yet when a habeas corpus case went to the U.S. [read post]
1 Jan 2022, 12:23 pm
Noia (1963), but subsequent Courts have cut back on the use of habeas corpus through dozens of decisions creating a complex set of rules limiting these challenges. [read post]
29 Dec 2021, 6:09 am
However many states like Texas will tell you it’s a civil proceeding and you need to take that order and domesticate it and then you file either Writ of habeas corpus, or Writ of attachment. [read post]
28 Dec 2021, 9:05 pm
Habeas corpus allows federal inmates to petition to vacate their convictions and penalties for violations of Constitutional rights. [read post]
27 Dec 2021, 3:44 pm
Michael Writ of habeas corpus return of a child. [read post]
22 Dec 2021, 8:17 am
Lincoln unconstitutionally suspended habeas corpus to save the Union. [read post]
