Search for: "Habeas Corpus Cases"
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17 Dec 2008, 12:06 am
In post-conviction litigation (i.e. habeas corpus), there is a presumption the defendant is guilty, and the conviction is valid. [read post]
16 Dec 2008, 10:15 pm
Oral argument is scheduled for January 7 on a motion to dismiss that raises many of the same questions as did the Ruzatullah case--in particular, whether detainees at Bagram are entitled to habeas corpus review. [read post]
16 Dec 2008, 8:30 pm
The transfers would be the first releases from the prison made by the Bush administration because of a court order. ....The transfer, which has not been formally announced by the Pentagon, was a signal that the administration was acknowledging its defeat in the first habeas corpus case to reach a full factual hearing since the Supreme Court ruled last June that detainees at Guantánamo had a constitutional right to contest their detentions in federal court. … [read post]
Notable little Fifth Circuit ruling on constitutional requirements for back-end sentencing decisions
15 Dec 2008, 2:35 pm
Here is how the little opinion begins and ends: Texas state prisoner Jackie Lynn Boss, serving a 10-year sentence for intoxication assault, appeals the district court's denial of his petition for a writ of habeas corpus. [read post]
15 Dec 2008, 2:00 pm
That case held that Guantanamo detainees may seek habeas corpus relief. [read post]
12 Dec 2008, 7:59 pm
Ragland focuses on immigration litigation and complex removal proceedings, administrative and federal court appeals, habeas corpus actions and naturalization petitions. [read post]
12 Dec 2008, 12:00 pm
A month later, Hamdan's wife and brother filed a habeas corpus petition in D.C. court, claiming that the U.A.E. was holding Hamdan at the behest of the U.S. government.Within a week, Hamdan was transferred from State Security custody to a prison in Abu Dhabi, and was charged with terrorism-related offenses. [read post]
11 Dec 2008, 7:20 pm
The Law Library staff has been following the status of the habeas corpus petitions filed by hundreds of detainees being held at the detention camp at Guantanamo Bay. [read post]
9 Dec 2008, 8:51 am
That is, whether Davis has met the conditions required to file a second, or successive, habeas corpus petition continuing to ask for a hearing on evidence that he is innocent. [read post]
7 Dec 2008, 7:28 pm
In two cases, the Second Circuit Court of Appeals issued rulings emphasizing the rights of defendants to cross-examine prosecution witnesses regarding evidence of their racial or ethnic bias.In Brinson v Walker (--- F.3d ----, 2008 WL 4890153 [2nd Cir 11/13/08])the court granted habeas corpus relief and vacated a New York state robbery conviction whee the New York trial judge precluded the black defendant from presenting evidence (both through cross examination and by… [read post]
5 Dec 2008, 9:04 pm
That avenue is what is referred to as a habeas corpus petition. [read post]
5 Dec 2008, 12:22 pm
The banished members filed suit alleging that their civil rights were violated by the banishment, and filed a Writ of Habeas Corpus charging a violation of the Indian Civil Rights Act. [read post]
5 Dec 2008, 8:54 am
PulidoCRIMINAL PRACTICE - Habeas Corpus"Court of appeals erred in categorizing a trial judge's instructing the jury on multiple theories of guilt, one of which was legally improper, as "structural" error that exempted the instructions as a whole from harmless-error review in a federal habeas corpus proceeding. [read post]
4 Dec 2008, 11:05 pm
(Of those thirteen, seven have been set aside on appeal, four remain pending at the CCA level, and two have been affirmed -- though one of those two affirmed death sentence cases -- Loving -- is currently before CAAF on a petition for a writ of habeas corpus. [read post]
1 Dec 2008, 9:18 pm
Prelesnik, No. 072522 In conviction for second degree murder, grant of writ of habeas corpus for ineffective counsel is affirmed where: 1) potential alibi witnesses coupled with an otherwise weak case rendered the failure to investigate the testimony sufficient to "undermine confidence" in the outcome of the jury verdict; and 2) the state appellate court's application of Strickland v. [read post]
1 Dec 2008, 12:13 pm
Dugger, 520 So. 2d 565(Fla. 1988) (treating all-writs petition based on Hitchcockerror as a petition for writ of habeas corpus). [read post]
1 Dec 2008, 11:45 am
Moreover, this Court has jurisdiction to entertain a petition for a writ of 3 habeas corpus, an original proceeding governed by Fla. [read post]
1 Dec 2008, 11:29 am
DEATH CASE SECRETARY, Department of Corrections, Respondent. / O R D E R Tompkins petitions for the writ of habeas corpus pursuant to 28 U.S.C. [read post]
1 Dec 2008, 11:23 am
However by the time that this Court issued itsorder on November 10th, the Florida Supreme Court had issuedits opinion in Case Nos. [read post]
26 Nov 2008, 5:23 pm
Webb filed a writ of habeas corpus for an out-of-time PDR and got it. [read post]
