Search for: "Habeas Corpus Cases"
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5 Jan 2008, 5:12 am
Ed. 2d 383 (1994) (bars civil actions seeking damages where a decision in favor of the plaintiff would necessarily imply the invalidity of the plaintiff's conviction or sentence unless the conviction or sentence has been "reversed on direct appeal, expunged by executive order, declared invalid by a state tribunal authorized to make such determination, or called into question by a federal court's issuance of a writ of habeas corpus" under 28 U.S.C. [read post]
9 Nov 2010, 7:06 am
Our law firm also represent clients in all types of other related criminal charges such as domestic violence, assault and battery, murder, attempted murder, hit and run, DUI, drug crimes, white collar crimes, embezzlement, fraud, professional licensing defense, abuse, sex crime, appeals appeals, and habeas corpus. [read post]
7 Mar 2007, 9:36 pm
What happens to the privilege of the writ of habeas corpus when martial law is in effect? [read post]
1 Dec 2016, 8:28 am
Arulanantham claimed that the availability of habeas-corpus review in individual cases was insufficient to address the constitutional concerns posed by prolonged detention. [read post]
3 Mar 2020, 3:40 am
” At NPR, Nina Totenberg reports that “[a]t the heart of the case is the right of habeas corpus, embedded in the Constitution, which guarantees that people who are held by the government have the right to go to court asking to be released. [read post]
30 May 2014, 12:40 pm
In Endo, the appellant filed a petition for writ of habeas corpus challenging her detention at the Tule Lake War Relocation Center. [read post]
12 Oct 2011, 7:45 am
Thaler (relisted after the 9/26 and 10/7 Conferences) Docket: 11-6391 Issue(s): (1) Whether the defendant’s race or ethnic background was used impermissibly as an aggravating circumstance in the punishment phase of a capital murder trial; (2) whether the defendant’s race was used as evidence of future dangerousness during the punishment phase of a capital murder trial; (3) whether a reasonable jurist could believe this case presents extraordinary circumstances… [read post]
5 Jul 2012, 6:40 am
Thaler (relisted after the 9/26 and 10/7 Conferences) Docket: 11-6391 Issue(s): (1) Whether the defendant’s race or ethnic background was used impermissibly as an aggravating circumstance in the punishment phase of a capital murder trial; (2) whether the defendant’s race was used as evidence of future dangerousness during the punishment phase of a capital murder trial; (3) whether a reasonable jurist could believe this case presents extraordinary circumstances… [read post]
25 Oct 2010, 1:19 pm
Earp of a full and fair opportunity to present his claim of prosecutorial misconduct, in which he had alleged witness intimidation by the prosecutor, during the initial remand of this habeas corpus petition. [read post]
8 Feb 2024, 9:44 am
Silliman (1821) (state courts can't issue writs of mandamus against federal officials) and Tarble's Case (1871) (state judge has no jurisdiction to issue a writ of habeas corpus for the discharge of a person held by a federal official). [read post]
6 May 2022, 4:39 pm
After his abduction, Matiuallah Jan’s brother, Shahid Akbar Abbasi filed a Habeas Corpus Petition before the Islamabad High Court, seeking his release forthwith. [read post]
15 Jun 2009, 12:43 am
As Wikipedia explains, habeas corpus "is an action often taken after sentencing by a defendant who seeks relief for some perceived error in his criminal trial. [read post]
9 Feb 2007, 4:34 pm
But the Supreme Court has original habeas jurisdiction of the kind Hirota sought only in the limited set of cases described in Article III, section 2. [read post]
2 Dec 2010, 8:51 pm
The judge wanted to know how the petitioner in his habeas case, Michael Dean Scott, was supposed to raise a lethal injection claim under Ohio law. [read post]
2 Jan 2016, 12:11 pm
District Attorney Stipulates that Information was Exculpatory at Habeas Hearing Amador then filed a petition for writ of habeas corpus, seeking to have double jeopardy attached to Silvano’s mistrial because of the non-disclosed exculpatory information. [read post]
17 Oct 2016, 5:57 am
Once the direct appeals process has been completed, a federal defendant may file for a writ of habeas corpus under either 28 U.S. [read post]
5 Feb 2015, 12:30 pm
(Contrary to popular belief, the D.C. courts only exercise de facto exclusive jurisdiction over the Guantánamo habeas cases–not de jure.) [read post]
14 Mar 2012, 11:00 am
Among them would be some aspects of substantive criminal law, as would, certainly, other aspects of criminal procedure, including effectiveness of counsel or federal habeas corpus procedure. [read post]
10 Feb 2022, 6:30 am
The latter types of suits are often litigated by companies objecting to administrative agency regulation.Federal courts, Huq contends, have put up hurdle after hurdle to judicial remedies for unlawful action in suits involving government violence or civil rights: constitutional standing, qualified immunity, sovereign immunity, stringent interpretations of legal standards for writs of habeas corpus. [read post]
3 Oct 2009, 7:06 am
In any case, the courts have already decided some 38 habeas petitions from Gitmo detainees without congressional guidance. [read post]
