Search for: "Habeas Corpus Cases"
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27 Aug 2009, 6:00 am
Hayes, ___ F.3d ___ (Aug. 20, 2009), the Ninth Circuit reversed an order denying class certification under Rule 23(b)(2) in a federal habeas corpus case. [read post]
26 Aug 2009, 8:23 am
Second, if the answer to that first question is yes, then is there also a constitutional right to make the showing of innocence before a federal court in a habeas corpus action? [read post]
24 Aug 2009, 9:55 pm
"In the end, his rights were vindicated through habeas corpus, but this took far too long, a consequence of the United States' reprehensible effort to create a prison beyond the law. [read post]
22 Aug 2009, 12:36 am
I'm on a working vacation at a death penalty defense seminar - this one focused on federal habeas corpus, the stage that comes after the ordinary state procedures are done. [read post]
22 Aug 2009, 12:36 am
I'm on a working vacation at a death penalty defense seminar - this one focused on federal habeas corpus, the stage that comes after the ordinary state procedures are done. [read post]
21 Aug 2009, 7:52 am
If you are not getting any response after four months, then it is time to file a petition for a writ of habeas corpus and mandamus. [read post]
21 Aug 2009, 12:50 am
In my column, I'll analyze this hypothesis, but here I want to note the oddity of even characterizing what the district court will be doing as considering a case falling within the Supreme Court's original habeas jurisdiction.To see the problem and Justice Stevens's potential circumvention of it, we need to understand where the Court normally gets the authority to issue writs of habeas corpus in the first place. [read post]
20 Aug 2009, 12:20 pm
Earlier this week, the Supreme Court did an extraordinary thing, granting an "original" habeas corpus petition (as opposed to something seeking review from a lower court) in the case of Troy Davis. [read post]
20 Aug 2009, 11:55 am
Klein's principles fail to limit in any meaningful way Congress' power to enact two recent, controversial pieces of War-on-Terror legislation: the Military Commissions Act of 2006, which imposed limits on Habeas Corpus on federal judicial decisionmaking in cases brought by WOT detainees, and the FISA Amendments Act of 2008, which granted telecommunications companies retroactive immunity for their assistance to the Bush Administration in conducting warrantless… [read post]
19 Aug 2009, 10:17 am
Should that stop the court from permit the new hearing in the new case? [read post]
18 Aug 2009, 12:32 pm
Davis reached the Supreme Court by an unusually direct route, filing an original writ of habeas corpus with the court rather than appealing from a lower-court ruling. [read post]
17 Aug 2009, 10:09 am
As his execution date approached, Davis filed a habeas corpus petition directly with the 11th Circuit Court of Appeals presenting a claim of actual innocence not tied to any other constitutional violation. [read post]
17 Aug 2009, 9:45 am
The new member of the Court, Justice Sonia Sotomayor, took no part in the Court's action.The action was highly unusual, because Davis had filed what is called an original writ of habeas corpus â€â [read post]
14 Aug 2009, 9:45 am
It bars certain habeas corpus petitions. [read post]
14 Aug 2009, 6:28 am
The law, championed by legislators who believed prisoners were abusing the federal appeals process, restricts federal court review of state court decisions in death penalty cases and puts strong limits on the ability of condemned prisoners to file habeas corpus petitions to get their cases reconsidered.... [read post]
14 Aug 2009, 6:22 am
The law, championed by legislators who believed prisoners were abusing the federal appeals process, restricts federal court review of state court decisions in death penalty cases and puts strong limits on the ability of condemned prisoners to file habeas corpus petitions to get their cases reconsidered.In April, Judge Rosemary Barkett of the United States Court of Appeals for the 11th Circuit, in Atlanta, complained of the law's "thicket of procedural… [read post]
14 Aug 2009, 6:20 am
The law, championed by legislators who believed prisoners were abusing the federal appeals process, restricts federal court review of state court decisions in death penalty cases and puts strong limits on the ability of condemned prisoners to file habeas corpus petitions to get their cases reconsidered.In April, Judge Rosemary Barkett of the United States Court of Appeals for the 11th Circuit, in Atlanta, complained of the law's "thicket of procedural… [read post]
14 Aug 2009, 1:03 am
The last step in a criminal proceding - and especially in a death penalty case - is federal habeas corpus. [read post]
13 Aug 2009, 11:36 pm
As Wikipedia explains, the writ of habeas corpus is "a civil . . . proceeding in which a court inquires as to the legitimacy of a prisoner's custody. [read post]
12 Aug 2009, 10:49 pm
Here is the abstract: This essay addresses the background to and significance of Tarble's Case (1872), in which the Supreme Court concluded that state courts lack the power to issue habeas corpus to challenge the lawfulness of detention by federal officials. [read post]
