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7 Jul 2010, 4:36 am
And yet, because he missed the statutory, non-jurisdictional, arbitrary deadline for filing a federal habeas corpus petition, he will get no justice. [read post]
7 Jul 2010, 4:25 am
We decline to prolong the inevitable recognition that there is no “actual innocence” exception to the one-year statute of limitation for filing an original petition for habeas corpus relief. [read post]
6 Jul 2010, 10:45 pm
Otherwise, AEDPA says, you should take the punishment you don't deserve.We decline to prolong the inevitable recognition that there is no “actual innocence” exception to the one-year statute of limitation for filing an original petition for habeas corpus relief.That's Lee v. [read post]
6 Jul 2010, 3:59 pm
Sickening stuff from a "judicial conservative": We must decide whether to recognize a judge-made exception to the statute of limitations for federal habeas relief in the case of a state prisoner who makes a showing of actual innocence in his original petition.Lee v. [read post]
6 Jul 2010, 11:51 am
Assistant Federal Public Defender Renée Manes has been campaigning against the injustice of non-unanimous juries in what is probably the least friendly forum for such challenges: federal habeas corpus under the extremely restrictive standards of the Antiterrorism and Effective Death Penalty Act of 1996. [read post]
2 Jul 2010, 3:26 pm
” Even though it is clear that Congress has the constitutional power to suspend the right of habeas corpus, Stevens insisted, in joining a dissent in Hamdi v. [read post]
2 Jul 2010, 8:00 am
Our law firm also represent clients in all types of criminal charges such as appeals, habeas corpus, domestic violence, assault and battery, murder, attempted murder, hit and run, DUI, drug crimes, white collar crimes, embezzlement, fraud, professional licensing defense, abuse, sex crime, appeals and habeas corpus. [read post]
1 Jul 2010, 10:56 am
TONY DAVISState HabeasPublishedhttp://www.ca6.uscourts.gov/opinions.pdf/10a0183p-06.pdfPetitioner-Appellant appealed the judgment of the district court denying his petition for a writ of habeas corpus. [read post]
1 Jul 2010, 10:06 am
Peppered with questions on topics from Habeas Corpus and the Commerce Clause to gun rights and gay marriage, Kagan refused to show her hand. [read post]
30 Jun 2010, 2:55 pm
Florida, finding that attorney neglect tolled the limitations period to file a habeas corpus application. [read post]
30 Jun 2010, 2:50 am
Based upon the 72% failure rate of habeas corpus review of Gitmo detainees, and the realization that these are human beings who have families, loved ones, just like we do, there is no amount of heady rhetoric that allows me to ignore what we have done, what we continue to do, to them. [read post]
29 Jun 2010, 6:36 pm
Proponents of capital punishment would like us to believe that lethal injection is a humane way to kill.Of the more than 500 lethal injections administered in the U.S. since 1982, roughly 42 cases have gone conspicuously wrong. [read post]
28 Jun 2010, 7:10 pm
Bush, where Scalia warned that giving habeas corpus rights to War on Terror detainees “will almost certainly cause more Americans to be killed. [read post]
28 Jun 2010, 7:31 am
The public defenders will assist death row prisoners filing state writs of habeas corpus, generally the last chance for prisoners to raise arguments related to innocence claims or mishandling of their cases during the legal process that led to conviction. [read post]
27 Jun 2010, 10:27 pm
Give specific examples of how the Court decided properly and how it decided improperly.This term, the Court held that when a lawyer is super-duper-grossly negligent in missing a filing deadline for a habeas corpus petition and the client acted with mega-diligence to prevent that and then to file his own pro se petition, it might be possible to excuse the delay and the client may still seek habeas relief. [read post]
25 Jun 2010, 2:36 pm
Several times we have discussed the habeas corpus related sections of the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA). [read post]
25 Jun 2010, 11:20 am
It noted that Section 2244(b) limits only “habeas corpus application[s] under §2254. [read post]
24 Jun 2010, 2:11 pm
Even members of the Supreme Court would be drawn at random from the general pool of judges.Have multiple judges assigned to each court, and assign them to cases by sortition.Expand supreme and other appellate courts to 28 members, and hear cases initially by randomly selected panels of three, appealable to randomly selected panels of nine, and appealable from there to randomly selected panels of 27 (with one spare).Require that decisions of multi-judge panels be unanimous to… [read post]
24 Jun 2010, 12:58 pm
Defendant-petitioners in this case—executives of the publicly-held U.S. company Hollinger International, Inc. [read post]
24 Jun 2010, 11:21 am
Q: In other words, habeas corpus is a priority. [read post]
