Search for: "Habeas Corpus Cases"
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18 May 2009, 7:07 am
Kindler Issue: Is a state procedural rule automatically "inadequate" under the adequate-state-grounds doctrine - and therefore unenforceable on federal habeas corpus review - because the state rule is discretionary rather than mandatory? [read post]
6 Sep 2010, 11:33 am
Norris and found that the exclusion of the subject evidence violated Jackson's constitutional rights, leading it to grant his petition for writ of habeas corpus. [read post]
21 Feb 2007, 5:29 pm
Fabricatore, of course, can file a Petition for Writ of Habeas Corpus (and I'm pretty sure he will), but the chances of succeeding are close to zero and good luck proving prejudice.Mr. [read post]
13 Apr 2011, 4:36 am
Scott Lynn Pinholster holds that the Ninth Circuit erred in issuing a writ of habeas corpus. [read post]
22 Jan 2007, 12:18 pm
Respondents note that the total exhaustion requirement in habeas corpus is an exception to this general rule, but a court presented with a mixed habeas petition typically "allow[s] the petitioner to delete the unexhausted claims and to proceed with the exhausted claims," Rhines v. [read post]
4 Apr 2013, 11:42 am
Instead, review was available only collaterally, e.g., via habeas corpus (as in the Hamdan case). [read post]
26 Mar 2018, 5:00 pm
Did he read the record of the habeas corpus proceeding that resulted in freedom for Skakel? [read post]
11 Dec 2019, 7:40 am
The defendant was convicted based on what now is admittedly erroneous DNA math, and his lawyer wasn't aware of the flawed DNA-mixture protocols until six years later.After his lawyer found out about the inaccurate math, Dominguez prevailed in 2017 on a habeas corpus claim and was released from prison. [read post]
18 Jul 2013, 12:00 am
If the appeal is lost, then a defendant can attack the performance of his lawyers in what are known as collateral attacks, or habeas corpus petitions.But when the government loses, the proceedings end. [read post]
18 May 2010, 8:02 pm
After the jump, the initial look at cases Week of May 9, 2010: In favor of the prosecution or warden (initial list) Derrick O’Neal Mason v. [read post]
4 Aug 2008, 1:42 am
If she doesn't and you miss this deadline you can still file a Writ of Habeas Corpus (for ineffective assistance, inter alia). [read post]
13 Sep 2019, 1:36 pm
Davis (Wednesday, Dec. 4): 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]
24 Mar 2012, 8:55 am
Next, Lafler filed a habeas corpus petition in federal court. [read post]
10 May 2011, 4:35 pm
Despite Anchia's sometimes inexplicable statements to the media, those types of contracts will not be affected by his bill, nor should they be.To see how banning such contracts might play out, consider the case of Anthony Graves, whose compensation was rejected by the Comptroller because his case was overturned on direct appeal instead of through an habeas corpus writ on actual innocence grounds. [read post]
19 Jul 2008, 2:23 pm
Time that should have been spentpreparing his client's defense went instead to preparing andfiling a habeas corpus petition to keep himself out of jail.Records indicate that the only investigator for the defensespent a total of just eight hours on the case prior to thetrial. [read post]
23 Feb 2011, 9:52 am
Jackson 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]
10 Apr 2014, 2:20 pm
Obama, 13-638, a case addressing the proper standard for a Guantanamo detainee’s habeas petition (fifth relist). [read post]
9 Mar 2017, 9:01 pm
He then brought a petition for federal habeas corpus, in which he again raised the issue of ineffective assistance of trial counsel. [read post]
31 Oct 2023, 5:17 am
The "privilege of the writ of habeas corpus," to take a simple example, should be understood in light of centuries of law about the writ, not only by using a Latin-English dictionary to learn that "habeas" means "you have" and "corpus" means "the body. [read post]
18 Feb 2011, 1:38 am
§ 2246 limit the admissibility of hearsay in a habeas corpus case challenging indefinite imprisonment, potentially for life; (2) whether a preponderance of the evidence standard, rather than a clear and convincing evidence standard, is sufficient under the Due Process Clause of the Constitution and 28 U.S.C. [read post]
