Search for: "Habeas Corpus Cases"
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18 Jun 2012, 2:58 pm
But it did not authorize federal review of tribal court matters (besides habeas corpus) and it did not waive tribes’ sovereign immunity from suit. [read post]
30 Aug 2013, 3:56 pm
In the 1986 decision, it involved a habeas corpus proceeding wherein one of the issues was whether or not the day of arraignment should be included in calculating the five-day period within which a misdemeanor complaint must be converted to an information or a defendant released. [read post]
27 Jun 2017, 1:14 pm
Race and the death penalty For law professors teaching federal habeas-corpus litigation, the procedural posture of Buck reads like a messy issue spotter. [read post]
10 Oct 2015, 10:18 am
The appeals court ordered a federal district court to issue a writ of habeas corpus and command Johnson’s release from the Pennsylvania prison system. [read post]
22 Oct 2011, 5:00 am
Morton's waiver of his statutory right to conduct far more extensive discovery on the issues pending in his application for a writ of habeas corpus, as was noted both in chambers and in open court. [read post]
17 Oct 2022, 9:53 pm
Two of the three criminal cases (one of them a habeas corpus petition, which is by definition somewhat urgent) have been taken under submission. [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 Oct 2009, 4:32 am
Since Obama came to power, those charged with preparing the government's opposition to other prisoners' habeas corpus petitions -- apparently functioning without adequate insight from above -- have persistently failed to recognize the weaknesses in the government's case against a large number of the prisoners, and have repeatedly humiliated themselves in court, challenging habeas corpus petitions that they have not only lost, but that have… [read post]
31 Dec 2016, 8:17 am
That instead she's walking away from politics in disgust says something sad about the state of both republicanism and Republicanism in Texas.When judges choose convenience over law: Texas is not following the constitution when it comes to vetting pro se habeas corpus pleadings, we learned from one of Judge Alcala's opinions. [read post]
8 Apr 2019, 11:46 am
A Writ of Habeas Corpus simply put, this is a motion to ensure that your imprisonment or detention is not illegal. [read post]
24 Apr 2015, 7:29 am
Respondents then “filed a combined class action complaint and federal habeas corpus petition” (I’m quoting that so you won’t think I’m making it up) challenging the law’s constitutionality, which both the federal district court and a Ninth Circuit panel rejected. [read post]
22 Jan 2010, 6:09 am
Smith, the Court - despite repeated attempts by Eric Restuccia, the Michigan Solicitor General, to emphasize the deferential standard under which habeas corpus petitions are reviewed - focused primarily on the intricacies of the Sixth Amendment claim at the heart of this case. [read post]
29 May 2011, 8:38 pm
The defendant then brought his case to federal court with a petition for a writ of habeas corpus. [read post]
4 Oct 2011, 9:52 am
The rules for knocking off U.S. citizens might be different during wartime (Abraham Lincoln suspended the right of habeas corpus in 1861), and that might be constitutional (the Supreme Court found Lincoln's suspension of habeas unconstitutional, but the Supreme Court doesn't have an army). [read post]
13 Mar 2007, 3:29 pm
With Rooker-Feldman out of the way, the remaining question is whether his claim falls "'within the core of habeas corpus' that it may ‘only be brought in a habeas petition.'" The court then explains how under Preiser v. [read post]
25 Apr 2016, 5:53 am
When Congress decided to screw with habeas corpus by enacting the AEDPA, it was in a law about terrorists. [read post]
30 Sep 2018, 10:42 am
She appealed to the Tenth Circuit which made it clear that under prevailing federal habeas corpus jurisprudence it could grant relief only if the decision by the Oklahoma Court of Criminal Appeals “was contrary to, or an unreasonable application of, clearly established federal law the Supreme Court [has] established. [read post]
16 May 2012, 7:31 am
There’s a lot of legislation I would like to see Congress consider vis a vis detention and habeas. [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]
25 Apr 2019, 8:24 pm
He is brought to federal court on a writ of habeas corpus ad prosequendum, and convicted and sentenced in federal court. [read post]
