Search for: "Habeas Corpus Cases"
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22 Aug 2019, 7:47 pm
Granting a writ of habeas corpus, he added, would allow the justices to address questions that they might not be able to reach through the normal avenues. [read post]
15 Jul 2013, 3:36 pm
It then directs the Clerk to provide the Governor written certification notifying the Governor of the conclusion of a defendant’s “direct appeal and initial postconviction proceeding in state court, and habeas corpus proceeding and appeal therefrom in federal court,” or when a defendant has allowed the time permitted for filing a habeas corpus petition to expire. [read post]
7 Sep 2007, 5:15 pm
DTA was passed as a substitute for habeas corpus challenges by detainees; Congress had moved to wipe out all such habeas cases. [read post]
22 Jan 2010, 3:27 pm
Never mind that what is actually happening is that a constitutional ruling by the Supreme Court, giving Guantanamo detainees a right to pursue the ancient legal writ of habeas corpus under a statute that dates back to 1789 (and a heritage that goes back to 1215 and Runnymede), is being interpreted and applied as judges always do when the Supreme Court makes a declaration. [read post]
6 Feb 2011, 6:42 pm
LEXIS 1574 (5th Cir 1/26/2010) Appeal from the district court on federal habeas corpus denied, on “three claims: (1) ineffective assistance of counsel at the sentencing phase, which the [district] court denied on the merits; (2) ineffective assistance of counsel at the conviction phase, which the court [below] dismissed as procedurally defaulted; and (3) actual innocence, which the [district] court dismissed as not cognizable in the Fifth Circuit. [read post]
15 May 2011, 9:41 am
The concurrence even offered legal advice to parolees seeking relief in the future, declaring that while a habeas corpus writ "does not provide an adequate remedy at law ... to compel the Board to comply with its ministerial duty," a "mandamus clearly does. [read post]
9 Aug 2012, 4:33 am
” Torrance said the law still allows room for judicial oversight, because people detained under the act can file habeas corpus petitions. [read post]
16 Apr 2012, 2:03 pm
Ten of the 11 men on death row are petitioners in the case. [read post]
9 Jan 2008, 4:47 pm
The second claim was also rejected because the court opined that it was better raised via a writ of habeas corpus because it would require development of facts outside the record before it. [read post]
3 May 2010, 9:00 pm
At issue in Lett is not whether the trial judge erred in declaring a mistrial, but whether the Michigan Supreme Court’s affirming the mistrial declaration entitled him to federal habeas corpus relief in the form of a barred retrial under Double Jeopardy principles, under the Antiterrorism and Effective Death Penalty Act of 1996 (“AEDPA”). [read post]
22 Apr 2010, 10:38 am
Last month a federal judge granted the habeas corpus petition of Uthman Abdul Rahim Mohammed Uthman (PDF), a young Yemeni detainee who was arrested in December 2001 and transferred to Guantánamo in January 2002. [read post]
25 Apr 2010, 7:52 am
Among the low-points of their bill: the abolition of the Fourth Amendment Exclusionary Rule and the creation in its stead of a tort claim with a cap of $ 30,000 in almost all cases; the almost complete evisceration of habeas relief; an increase in mandatory minimum offenses; the complete exemption of federal prosecutors from ethical rules other than those adopted by the Attorney General, and allowance of contact by federal prosecutors and agents with opposing parties known to be… [read post]
30 Jan 2008, 6:30 am
On March 29, 2001, Callahan petitioned for a writ of habeas corpus in the United States District Court for the Northern District of Alabama. [read post]
21 Feb 2019, 8:40 am
English, 18-292 Issue: Whether a federal prisoner may file a petition for habeas corpus under 28 U.S.C. [read post]
31 Jan 2010, 8:43 am
That hope proved illusory after the Supreme Court held that even Gitmo detainees have a right to federal court access (where the alternative is not equivalent to habeas corpus), but in the meantime, the Bush Administration had planted a different meme in the public mind: That the Gitmo detainees are so dangerous--the "worst of the worst"--that even housing them in a supermax prison on US soil would be to risk escape or terrorist attack from their comrades in arms. … [read post]
30 Nov 2009, 11:52 am
According to the CCA’s order in In Re Dow and Black, the two TDS attorneys filed a subsequent application for a writ of habeas corpus and a motion to stay the Nov. 18 execution of Danielle Simpson in the 3rd District Court in Anderson County at 4:08 p.m. [read post]
25 Mar 2024, 9:05 pm
Since 2019, both have pursued Motion 2255 filings, the federal Habeas Corpus process that allows federal prisoners to challenge their convictions and sentences on constitutional grounds. [read post]
19 Nov 2009, 3:10 pm
” The court should stay an execution any time the justices have not had a chance to consider whether to grant review of the inmate’s initial habeas corpus petition, Justice Stevens said, adding that it was a matter of avoiding “irreversible error” and “preserving basic fairness” to give death-row inmates “the same procedural safeguards that ordinary inmates receive. [read post]
13 Dec 2011, 7:22 am
Later in 2000, Singletary petitioned unsuccessfully for a writ of habeas corpus in Washington federal court. [read post]
21 Feb 2019, 10:13 pm
While faulty arrests alone often lack the information to dispute alone, criminal defense attorneys may use the following strategies to reverse the arrest: A writ of habeas corpus. [read post]
