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A writ of habeas corpus is an order issued by the court instructing the police to bring you before the court so that a judge may decide if you are being lawfully held [read post]
24 Feb 2007, 2:27 pm
Then, just this week, she filed a dissent in which she implausibly claimed to believe that when Congress referred to an application for state review in the habeas corpus statutes, it meant application for state or federal review. [read post]
2 Apr 2012, 8:54 pm by David Kopel
Bush) striking down a congressional statute restricting habeas corpus rights of Guantanamo detainees. [read post]
11 Dec 2019, 1:52 pm by John Floyd
But as the government fought what had become a habeas corpus case for Hassoun’s release, the Department of Homeland Security invoked, for the first time in U.S. government history, Section 412 of the PATRIOT ACT. [read post]
2 Apr 2011, 3:30 am
The fear that courts might actually inject individual rights into the equation, upsetting the current complete dominance of national security interests over any other interest, no matter how fundamental.We have learned the lesson of an unchecked executive before – with the suspension of habeas corpus during the Civil War and the internment of Japanese-Americans during World War II – and in both cases it was the courts that set us back on course and restored the… [read post]
23 May 2011, 11:54 am
 Boumediene could be construed as implementing only the Suspension Clause, and thus only applying to access to court via habeas corpus. [read post]
4 May 2010, 6:30 pm by John Ip
They first attempted to defeat or at least minimize the impact of a provision in what became the Detainee Treatment Act of 2005 that sought to strip the Guantánamo detainees of the right to seek habeas corpus. [read post]
17 Dec 2021, 7:58 am by Alicia Maule
Reed’s Request for Grant of Application for Writ of Habeas Corpus can be viewed here: https://tinyurl.com/49r7e7mx Under the U.S. [read post]
4 Nov 2019, 9:07 am by Joel R. Brandes
The mother and the stepfather also repeatedly refused to cooperate with travel plans, and the father, among other things, had to seek a writ of habeas corpus to bring the child to the airport for a planned visit. [read post]
29 Oct 2018, 8:15 am
The ACLU filed a habeas corpus lawsuit on his behalf in court in Washington, demanding that the government justify his detention and let him have an attorney. [read post]
22 Sep 2017, 2:00 pm
Second, the detainee, as a U.S. citizen, is indisputably protected by the Constitution and entitled to the fundamental guarantees of habeas corpus and due process. [read post]
18 May 2023, 8:01 am by John Elwood
” After exhausting his direct appeal and post-conviction remedies in the South Carolina courts, Allen filed a federal habeas corpus petition, which the district court dismissed. [read post]
11 Jan 2022, 5:31 am by Michael C. Dorf
For example, when I took the course (from the late great Dan Meltzer) in 1989, the Supreme Court had cut back on but not yet gutted federal habeas corpus as a mechanism for challenging state court convictions and sentences. [read post]
15 May 2012, 3:05 pm
  O ministro Ricardo Lewandowski observou que o julgamento desse processo deverá tornar-se leading case para julgamentos semelhantes a serem realizados futuramente pela Turma. [read post]
7 Mar 2011, 1:13 pm by David Kravets
The Texas state and federal courts — hearing Skinner’s habeas corpus pleas — refused to allow post-conviction testing of biological evidence, including blood, hair, fingernail clippings and vaginal swabs. [read post]
17 May 2011, 1:05 pm by Alan J. Borsuk
Ratner said his organization has strongly advocated using the law enforcement model in approaching terror suspects, which is why it has led efforts to give those detained at Guantanamo rights such as habeas corpus. [read post]
31 Mar 2010, 7:24 pm
Just because an attorney failed to advise his client of the consequences, though, doesn't mean the client will win a habeas corpus petition challenging the conviction. [read post]
7 May 2008, 12:38 am
  However, we don't need to look past our borders to see government practices of torture (waterboarding), illegal spying, no due process, and the destruction of habeas corpus. [read post]
17 Oct 2007, 7:37 am
Still, Smith's order granting Coble's writ of habeas corpus and ordering that "Billie Wayne Coble be released unless the State of Texas provides him with a new trial within 120 days" left officials at the McLennan County Courthouse scratching their heads.And:In a 28-page opinion issued Aug. 14, the 5th U.S. [read post]
21 May 2010, 7:19 am by SOIssues
And Hamdi showed us that Scalia takes habeas corpus rights seriously when it comes to citizens. [read post]