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12 Nov 2008, 4:46 pm
At the start of his lengthy dissent, Judge Merritt minces no words about his view of the outcome: The majority in this case is reading the AEDPA statute unlawfully to suspend the writ of habeas corpus in violation of the Suspension Clause of the United States Constitution, Article I, § 9 ("The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public… [read post]
7 Nov 2008, 10:20 pm
In the first habeas corpus hearings for Guantanamo detainees in a federal court, U.S. [read post]
7 Nov 2008, 8:57 am
This is a pre-trial habeas corpus case where Hunter is claiming prosecution is barred by double jeopardy. [read post]
6 Nov 2008, 10:45 pm
Saying he was acting to give the prisoners “prompt habeas corpus review,” Senior Judge Thomas F. [read post]
5 Nov 2008, 2:12 pm
The Appeals Bureau prepares briefs and oral arguments and handles civil litigation in federal and state courts, including habeas corpus proceedings and civil rights actions. [read post]
4 Nov 2008, 3:58 pm
[JURIST] The US Supreme Court [official website; JURIST news archive] heard oral arguments [day call, PDF] Tuesday in three cases. [read post]
3 Nov 2008, 10:48 am
Ignaoua v Judicial Authority of the Courts of Milan: [2008] EWHC 2619 (Admin); [2008] WLR (D) 340 “Where a designated District Judge had made a decision under Part 1 of the Extradition Act 2003, an application for a writ of habeas corpus ad subjiciendum was precluded by the requirement in s 34 of the Act that such a decision might be questioned only by means of an appeal under Part 1. [read post]
2 Nov 2008, 8:39 pm
(The rules are different for habeas corpus, which is beyond the scope of this post.) [read post]
2 Nov 2008, 8:24 pm
Weintraub has been qualified by federal and State Judges as an "expert witness" (Federal/State) in matters relating to sentencing, civil rights actions involving prisoners' rights, and post-conviction remedies, e.g., habeas corpus. [read post]
2 Nov 2008, 5:20 am
"Cases Against Detainees Have Thinned; Algerians' Habeas Corpus Hearings Will Begin With Fewer and Lesser Charges": This article appears today in The Washington Post. [read post]
1 Nov 2008, 12:36 am
Among the questions the lawyers cited are whether the Executive Branch “may unilaterally avoid providing any habeas corpus relief,” whether a federal judge has the authority to deny habeas relief to a non-enemy civilian being held indefinitely in a military prison, and whether the Circuit Court must follow an earlier panel ruling that further detention of at least some of the Uighurs is no longer justified legally. [read post]
29 Oct 2008, 3:13 pm
We're already on a slippery slope to losing our constitutional habeas corpus rights, so just about anything could be next, especially when politicians claim its being done to protect us.Now, two years later, South Dakota is trying again to outlaw abortion, but lawmakers say they have included exceptions for the health of the mother, as well as rape and incest, but there are still some serious downsides to the language, both for women and for doctors.And there's more bad… [read post]
27 Oct 2008, 4:36 pm
On Wednesday, Davis' attorneys asked the 11th Circuit for permission to pursue a new federal habeas corpus petition â€â [read post]
27 Oct 2008, 3:49 pm
Bradshaw, No. 07-3497 Dismissal of a petition for writ of habeas corpus challenging convictions for murder and felonious assault, with firearm specifications, is affirmed where the district court correctly found that a state court's rejection of a claim that petitioner's post-arrest silence was improperly used against him at trial was not an unreasonable application of Supreme Court precedent. .. [read post]
27 Oct 2008, 2:55 am
The case is frequently cited as an application of the maxim "no one should profit from his own wrong. [read post]
25 Oct 2008, 7:31 am
According to the Atlanta Journal-Constitution: On Wednesday, Davis asked the 11th Circuit for permission to pursue a new federal habeas corpus petition in which an inmate claims he is unlawfully incarcerated. [read post]
24 Oct 2008, 10:16 pm
In a writ of habeas corpus you have to establish harm. [read post]
22 Oct 2008, 11:15 pm
Barring agreement, you have to file a Writ of Habeas Corpus and have a hearing. [read post]
22 Oct 2008, 9:18 am
The Court did, however, deny and dismiss a number of applications for writs of habeas corpus. [read post]
21 Oct 2008, 1:07 pm
Rogers rejected those arguments, writing that courts have the power to order the release under habeas corpus, a centuries-old legal doctrine that allows prisoners or detainees to challenge their confinement in federal court. [read post]
