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23 Jul 2011, 4:46 am
" Posner and Vermeule insinuate that Lincoln used this rationale as justification for his earlier suspension of the writ of habeas corpus while Congress was in recess -- the only example they cite in our history where a President has allegedly exercised the unilateral power they now urge President Obama to use. [read post]
9 Feb 2022, 6:30 am
In a section on “The Rise of Remedies,” Huq notes the 1871 Ku Klux Klan Act (with its key provision, today known as “Section 1983”) and an 1867 amendment to the 1789 Judiciary Act that expanded the power of federal courts to issue the writ of habeas corpus. [read post]
13 Jul 2018, 7:05 am
The major exception is the power to suspend the writ of habeas corpus, which has not been invoked in any of our current conflicts. [read post]
19 May 2017, 8:00 am
The more complicated answer is that the Court somehow determined that excluding thousands of citizens from their homes, without any hearing or the suspension of habeas corpus, comported with due process of law. [read post]
10 May 2016, 7:51 pm
(Judge Reinhardt’s essay on habeas corpus, in the Michigan Law Review, is an exemplary discussion of how liberals can exploit ambiguities and loopholes.) 4 Related: Remember that doctrine is a way to empower our allies and weaken theirs. [read post]
23 Feb 2016, 4:24 am
Eventually, in 2009, due to the lack of evidence given the suppressed statements, the government dropped its opposition to Jawad’s habeas corpus petition and determined that Jawad was no longer legally detainable. [read post]
30 Jul 2022, 2:05 pm
The defendant, through an attorney, immediately filed a petition for a writ of habeas corpus, asking that the attempted forgery conviction be set aside. [read post]
25 Jul 2012, 9:11 am
Lapses Memoriae), Bryan Garner recounts that occasionally you’ll see in an opinion the term corpus delecti instead of the correct Latin term corpus delicti (the body of a crime). [read post]
20 Jun 2019, 5:45 am
There are three related Affordable Care Act cases whose questions presented are a study in contrasts; three cases involving inter partes review of patents; a couple of immigration cases involving equitable tolling; two cases involving motions for reconsideration on habeas corpus review; a case involving allegations of fraud by public officials; and case raising the question whether a state can get copyright for annotations to… [read post]
19 Nov 2006, 9:31 pm
"The Sixth Circuit grants relief in a kidnapping & homicide habeas corpus appeal, Richard Joseph v. [read post]
28 Jan 2014, 4:00 pm
For example, in Chapter 11.3, the authors devote over ten pages to the Court’s “rarely exercised” and “often misunderstood” practice of issuing original writs of habeas corpus. [read post]
15 Jun 2010, 1:36 pm
He finds it in a string of 50 year old cases that examine the negligence of retained counsel in civil cases. [read post]
27 Jun 2022, 9:00 pm
His books include Making Habeas Work: A Legal History (NYU Press 2018). [read post]
24 Apr 2015, 6:10 am
Clarke, Fourth Circuit: Appellant’s petition for habeas corpus was dismissed by the district court. [read post]
2 Jul 2010, 3:26 pm
” Even though it is clear that Congress has the constitutional power to suspend the right of habeas corpus, Stevens insisted, in joining a dissent in Hamdi v. [read post]
31 Dec 2013, 4:03 pm
It is barely alluded to in JJ's habeas corpus petition, it was not discussed by either court below and the State, as appellant in this Court, has not briefed or argued the merits of the question. [read post]
21 Nov 2011, 4:10 am
Here are the case details. [read post]
6 May 2007, 8:03 pm
" Although the article notes that the American Bar Association has discovered no cases where lawyers have been assessed a penalty under this provision of bankruptcy law, you have to remember that the ABA's attention might have been diverted by its quest to free detainees at Gitmo with writs of habeas corpus, and the ever-popular campaign to save baby seals from the annual arctic "let's beat a seal's brains out" gore-fest, so the… [read post]
13 Jul 2023, 2:50 pm
Hendrix – Habeas Corpus Haaland v. [read post]
4 Feb 2022, 10:56 am
” In Dean’s habeas corpus petition to the Nevada Supreme Court, the court concluded that the district court erred in denying Dean's post-conviction petition, “as counsel's performance fell below an objective standard of reasonableness and resulted in prejudice. [read post]
