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25 Nov 2008, 1:12 pm
The first paragraph of this opinion (almost) says it all:"This appeal by Gary Johnson from the denial of his petition for habeas corpus by the District Court of the Eastern District of Pennsylvania requires us to decide an issue of first impression in this Circuit: Do the teachings of Bruton v. [read post]
24 Nov 2008, 12:04 pm
Dubina, Rosemary Barkett and Stanley Marcus has raised questions about the complex web of law governing how courts should handle habeas corpus claims by death row inmates.Of course, for many of Davis' vocal supporters, the issue is simple: the state should not execute someone who -- they believe -- did not kill Officer Mark Allen MacPhail. [read post]
23 Nov 2008, 8:01 pm
If there is any lesson that the parties and the Court have learned, these cases are unique and the habeas process must be flexible. [read post]
22 Nov 2008, 2:29 pm
Such an argument is an acknowledgment that the claim at issue is cognizable in a Rule 3.851 motion, and thus need not be presented in All Writs/Habeas Corpus Petition in order to get the merits of the claim before this Court. [read post]
21 Nov 2008, 4:57 pm
Habeas Corpus Jurisdiction over Americans Held Overseas: Munaf v. [read post]
20 Nov 2008, 9:37 pm
In 2005, he ruled that the men had no habeas corpus rights. [read post]
20 Nov 2008, 9:24 pm
Though, I must confess, I have no idea what the 7th Cir. military habeas standard is and no 7th Cir. case is cited in SG's brief. [read post]
20 Nov 2008, 4:25 pm
"The heart of this case is they never disclosed their relationship at trial. [read post]
20 Nov 2008, 2:53 pm
The main question before the Court will be whether Davis has met the conditions required to file a second, or successive, habeas corpus petition; the underlying question, of course, is whether Davis is innocent. [read post]
19 Nov 2008, 5:24 pm
On the federal side, her attorneys have asked for a writ of habeas corpus to fight her death penalty conviction. [read post]
18 Nov 2008, 8:24 pm
A writ of habeas corpus is an order issued by the court instructing the police to bring you before the court so that a judge may decide if you are being lawfully held [read post]
18 Nov 2008, 12:55 pm
Circuit Court of Appeals will tackle questions that could have a broad impact on how appellate courts review criminal sentences and on the scope of the federal courts' powers in granting relief in habeas corpus petitions. [read post]
17 Nov 2008, 6:39 pm
Mitchell, No. 03-4293 In a death penalty case, denial of a petition for a writ of habeas corpus is affirmed where the district court correctly rejected claims that: 1) petitioner's Miranda rights had been violated by police actions in this case, which included four instances of questioning, each following a Miranda warning, over a six-hour period; 2) penalty phase jury instructions were constitutionally deficient; and 3) prosecutorial misconduct denied him… [read post]
14 Nov 2008, 10:33 pm
November 13, 2008) (Kearse, Leval, Sack, CJJ)In this state prisoner's habeas corpus case, the circuit affirmed the grant of the writ because the state court's refusal to permit the defense to cross-examine a supposed robbery victim about his racial bias violated the confrontation clause.Brinson, the petitioner, testified at trial that this was not a robbery, but rather a small - ten-dollar - marijuana sale that had gone bad. [read post]
14 Nov 2008, 7:53 pm
An Attempt to Clarify the Miscarriage of Justice Exception for Federal Habeas Corpus Proceedings Heather Leigh Stangle, Murderous Madonna: Femininity, Violence, and The Myth of Postpartum Mental Disorder in Cases of Maternal Infanticide and Filicide [read post]
14 Nov 2008, 11:20 am
Wathne filed a petition for writ of habeas corpus, and on November 15, 2007 the High Court of Delhi at New Delhi issued an initial Order granting Mr. [read post]
13 Nov 2008, 4:13 pm
The fast-track procedures cut to six months, instead of a year, the time that death row inmates have to file their habeas appeals once their cases are final in state courts. [read post]
13 Nov 2008, 3:53 pm
To view the full-text of cases you must sign in to FindLaw.com. [read post]
13 Nov 2008, 3:45 pm
To view the full-text of cases you must sign in to FindLaw.com. [read post]
13 Nov 2008, 1:11 pm
That affidavit accompanied a motion to get a change of judge in Hinds' bribery case where he is accused of bribing a witness to change his testimony in a case. [read post]
