Search for: "Habeas Corpus Cases"
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6 May 2009, 11:00 pm
Lovill also filed a writ of habeas corpus seeking relief from the trial court's order increasing the term of probation.On appeal, the State argued, based on Young v. [read post]
6 May 2009, 5:02 am
So, when he was indicted, Watson filed a pre-trial writ of habeas corpus alleging that the intoxication assault indictment violated double jeopardy. [read post]
4 May 2009, 7:08 am
The Supreme Court upheld the constitutionality of the latter restriction on the theory that it did not suspend habeas corpus but merely required prisoners to make all their claims for relief at one time. [read post]
2 May 2009, 1:00 pm
District Court for the Western District of Washington granted the Petition for a Writ of Habeas Corpus filed by nine Snoqualmie Tribal members challenging a banishment imposed by the government of the Snoqualmie Tribe last year. [read post]
2 May 2009, 3:06 am
Also, the Supreme Court has ruled that Bush's commissions failed to offer sufficient procedural protections for defendants.Obama campaigned against the use of military tribunals and boasted of his vote against the Military Commissions Act of 2006, which attempted to divest certain Guantanamo Bay detainees of habeas corpus rights. [read post]
29 Apr 2009, 2:41 pm
Cone then filed a petition for a writ of habeas corpus in Federal District Court. [read post]
29 Apr 2009, 5:06 am
The Court handed down a number of publshed opinions today, but it's kind of a trick because one case had like eight defendants.AP-75,862, Ex parte Billy George Reedy: The CCA recognized that it's not inherently coercive to get a waiver of habeas corpus relief in exchange for the State not seeking the death penalty. [read post]
29 Apr 2009, 5:05 am
There was no underlying case information. [read post]
28 Apr 2009, 1:40 pm
Cone filed a petition for a federal writ of habeas corpus, which was denied on two grounds, (1) The Brady claim was procedurally barred because the state courts’ disposition rested on adequate and independent state grounds that Cone had waived it by failing to present his claim in state court; (2) Even if he had not defaulted the claim, it would fail on its merits because none of the withheld evidence would have cast doubt on his guilt. [read post]
27 Apr 2009, 10:10 am
This denial cannot be appealed, but Davis’ stay of execution was extended an extra 30 days to allow him to file an “original” habeas corpus petition with the US Supreme Court. [read post]
27 Apr 2009, 9:35 am
After his initial efforts to seek state post-conviction relief were unsuccessful, Bies filed a petition for habeas corpus in federal court, arguing that because he was mentally retarded, the Eighth Amendment prohibited his execution. [read post]
27 Apr 2009, 4:14 am
After his initial efforts to seek state post-conviction relief were unsuccessful, Bies filed a petition for habeas corpus in federal court, arguing that because he was mentally retarded, the Eighth Amendment prohibited his execution. [read post]
25 Apr 2009, 9:42 pm
In most federal habeas litigation, and especially in cases involving the death penalty, the state offers reasons why procedural technicalities bar the federal habeas court from reaching the merits. [read post]
21 Apr 2009, 12:01 pm
April 13 - April 17, 2009 To view the full-text of cases you must sign in to FindLaw.com. [read post]
20 Apr 2009, 9:44 am
An inmate who has exhausted those appeals has the option of repeating the process through a habeas corpus petition in the federal courts. [read post]
15 Apr 2009, 12:03 pm
The family asked us to make a last-ditch effort — a Section 2255 motion (the habeas corpus vehicle to attack a federal conviction and sentence) and we filed one based on an ineffective assistance theory. [read post]
14 Apr 2009, 11:35 pm
If the move is without the parent’s consent, the non-relocating parent could file a Habeas Corpus action commanding a peace officer or the conservator to produce the child to the Court. [read post]
14 Apr 2009, 11:06 am
The Justice Department also went on to ask the judge to halt proceedings on three other habeas corpus cases. [read post]
14 Apr 2009, 1:38 am
Continuing a pattern of questions in the termination of parental rights context, the Fifth District in this case certified the following to the Florida Supreme Court as a question of great public importance: MAY A PARENT WHOSE PARENTAL RIGHTS HAVE BEEN TERMINATED CHALLENGE THE JUDGMENT OF TERMINATION BY PETITION FOR HABEAS CORPUS ON THE BASIS THAT THE PARENT WAS DENIED EFFECTIVE ASSISTANCE OF [read post]
13 Apr 2009, 10:01 pm
Despite the fact that the Court acknowledged that it had found § 3582(c)(2) motions to be “‘a continuation of a criminal case’” rather than “‘a civil post-conviction action’” like a petition for habeas corpus, id. at 8-9 (citing United States v. [read post]
