Search for: "Habeas Corpus Cases"
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27 May 2009, 8:02 pm
The government's sovereignty-based test for habeas corpus was replaced by a pragmatic case-by-case approach. [read post]
27 May 2009, 5:00 am
The mother of the 16-year-old North Carolina boy arrested for allegedly making a bomb threat against Purdue University has filed a federal habeas corpus petition demanding his release, and attacking the government’s authority to prosecute anyone. [read post]
26 May 2009, 2:54 pm
Also in the ripeness context, Judge Sotomayor was on the panel in a prisoner habeas corpus appeal, in which the court contrasted prudential ripeness with "more fundamental and more rigid, constitutionally-based" ripeness: The notion of ripeness, as a doctrine of prudence, has become a staple in the adjudication of claims that a state or municipality has taken property without providing just compensation. [read post]
24 May 2009, 4:24 am
On Thursday, Senior Judge Rogers issued four orders in the federal habeas corpus case of military death row inmate Ronald Gray. [read post]
22 May 2009, 9:29 am
We do consider it uncontroversial, however, that the privilege of habeas corpus entitles the pri [read post]
22 May 2009, 2:24 am
The Court has never clearly said whether a free-standing claim of actual innocence, not supported by a separate constitutional violation, is a sufficient reason to grant habeas corpus relief.And here in the Buckeye State, Daniel Wilson is set to be executed on June 3. [read post]
21 May 2009, 1:01 am
The mistrial was granted, and when the State sought to retry Garza, he filed a pretrial writ of habeas corpus claiming that retrial violated double jeopardy. [read post]
19 May 2009, 2:32 am
Davis is filing an unusual petition for a writ of habeas corpus directly to the Supreme Court. [read post]
18 May 2009, 9:59 am
CRIMINAL LAW & PROCEDURE, HABEAS CORPUS Brisco v. [read post]
18 May 2009, 8:12 am
Kindler (08-992), on the proper treatment in a federal habeas corpus proceeding of state procedural rules that are discretionary rather than mandatory. [read post]
18 May 2009, 7:10 am
Kindler (08-992), on the proper treatment in a federal habeas corpus proceeding of state procedural rules that are discretionary rather than mandatory. [read post]
18 May 2009, 7:07 am
Kindler Issue: Is a state procedural rule automatically "inadequate" under the adequate-state-grounds doctrine - and therefore unenforceable on federal habeas corpus review - because the state rule is discretionary rather than mandatory? [read post]
17 May 2009, 2:28 am
Discussing post-conviction habeas corpus writs, a topic about which I've been learning much more this session, Doc Berman says he'd like to see more state-level numbercrunching:US District Judge Lynn Adelman's new article titled "The Great Writ Diminished" aspires to "stimulate a discussion about the current state of habeas corpus. [read post]
16 May 2009, 8:22 am
I share Judge Adelman's instinct that habeas relief is granted too infrequently in non-capital cases, but I also fear that habeas relied is grant too frequently in capital cases. [read post]
15 May 2009, 9:04 am
This article seeks to stimulate a discussion about the current state of habeas corpus. [read post]
14 May 2009, 4:30 pm
On April 1, 2009, the Court of Criminal Appeals heard oral argument in the following cases:AP-76,034, Ex parte Bobby Wayne Woods, a capital murder habeas corpus case out of Hood County:Applicant's opening - Maurie LevinState's response - Ellen Stewart-KleinApplicant's rebuttalThis is a subsequent writ of habeas corpus in a capital murder case where the defendant is again alleging that he is ineligible for execution because he is… [read post]
13 May 2009, 1:34 pm
May 12-13, 2009 To view the full-text of cases you must sign in to FindLaw.com. [read post]
11 May 2009, 1:18 pm
In both cases, the Supreme Court considered Ninth Circuit rulings in federal habeas review cases involving jury instructions. [read post]
10 May 2009, 5:53 pm
Kindler Issue: Is a state procedural rule automatically “inadequate” under the adequate-state-grounds doctrine - and therefore unenforceable on federal habeas corpus review - because the state rule is discretionary rather than mandatory? [read post]
9 May 2009, 12:11 pm
Al Hakeemy is not able to participate in the preparation that is necessary to address the merits of his habeas corpus petition; (b) Reprieve lawyers have met repeatedly with Mr. [read post]
