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15 Mar 2013, 11:08 pm
He doesn't have a right to a lawyer to pursue a collateral attack on his conviction through state or federal habeas corpus procedings.And the right to counsel at trial and on first appeal? [read post]
30 Apr 2021, 9:44 am
In reviewing Smith’s habeas petition, the U. [read post]
26 Sep 2009, 7:52 am
California, 422 U.S. 806 (1975) and properly grant a writ of habeas corpus on the ground that the state trial court failed to rule formally on a defendant’s request for self-representation? [read post]
10 Sep 2013, 11:00 am
The district court denied Guantanamo detainee Fadhel Hussein Saleh Hentif’s petition for a writ of habeas corpus in 2011. [read post]
16 Nov 2013, 9:12 am
An expert legal team headed by Mike Ware, an IPTX Board Member, recently filed writs of habeas corpus on behalf of the women. [read post]
7 Dec 2010, 6:23 am
At the Law Office of Michael Guisti, our skilled Orange County criminal defense attorney has been successful in handing withdraw guilty plea, trials, appeals, habeas corpus, misdemeanor and felony charges as in domestic violence, assault, battery, drug charges, theft charges, and crimes like murder. [read post]
24 Jan 2011, 8:27 pm
Harrington stands for the proposition that a denial of relief in the state courts, without explanation, is due the same deference as an “adjudication” under section 2254 as a formal opinion for purposes of federal habeas corpus. [read post]
21 Apr 2013, 9:22 pm
His case came in through post-conviction habeas corpus, as an afterthought which may (or may not have) influenced the state and then the federal courts.These massive procedural and factual differences were lost on the Court - they could not see the slippery slope and so slid down blindly. [read post]
13 Jun 2011, 10:07 am
§ 2253(c) and to adjudicate petitioner’s appeal; and (b) whether the application for a writ of habeas corpus was out of time under 28 U.S.C. [read post]
11 Jan 2011, 3:12 pm
So now we go into federal court, and file a writ of habeas corpus. [read post]
4 Dec 2019, 3:56 am
Davis, which asks whether and when a motion to alter or amend a judgment should be treated as a second or successive petition for habeas corpus. [read post]
9 Jan 2017, 3:53 am
Today the court will hear oral argument in two cases. [read post]
13 Oct 2007, 6:50 pm
"I think the court felt absolutely compelled to step in and make some sense of this," said Michael Laurence, director of California's Habeas Corpus Resource Center, which represents Death Row inmates. [read post]
21 Apr 2008, 11:52 am
Morgan, No. 06-5726 Denial of a petition for habeas corpus seeking to overturn a conviction for murder and attempted rape, based on evidence discovered subsequent to trial that implicated another person, is reversed in part, vacated in part, and remanded where the district court committed reversible error by not reviewing the entire trial record during its review of the habeas petition, and a motion to expand the record should have been granted. [read post]
21 Nov 2010, 8:55 pm
LEXIS 23693 (9th Cir 11/17/2010) (unpublished) Trial court erred in not appointing counsel in this capital habeas matter. [read post]
19 Jul 2011, 1:14 pm
In her evidence concerning this application for a writ of habeas corpus, she now concludes that the cause of death was, beyond a reasonable doubt, not compression asphyxia, and undeterminable as to homicide, asphyxial or otherwise. [read post]
1 Mar 2011, 1:34 pm
Jackson (relisted after 2/18 and 2/25 Conferences) Docket: 10-797 Issue(s): Whether a ruling by the court of appeals on habeas, reversing a district court’s decision and finding a state prosecutor’s proffered race-neutral bases for peremptorily striking two out of three African-American jurors insufficient, satisfies the restrictions on habeas corpus relief imposed by Congress in 28 U.S.C. [read post]
21 May 2020, 1:38 pm
The Ninth Circuit Court of Appeals will certainly hear the Teague issue in habeas corpus proceedings filed by Oregon inmates, and the Fifth Circuit Court of Appeals will hear habeas cases filed by those in Louisiana. [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]
10 Jan 2010, 10:04 pm
, 42 Case W. [read post]
