Search for: "Habeas Corpus Cases"
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8 Jan 2007, 4:53 pm
Landrigan next filed a federal habeas corpus petition, including a claim that his counsel's failure to present mitigating evidence regarding a biological component of Landrigan's tendency toward violence constituted ineffective assistance. [read post]
20 Apr 2020, 10:12 am
The new rule announced today—namely, that state criminal juries must be unanimous—does not fall within either of those two narrow Teague exceptions and therefore, as a matter of federal law, should not apply retroactively on habeas corpus review. [read post]
16 Oct 2006, 5:06 pm
Most disturbing from the perspective of the legal profession are its termination of the writ of habeas corpus with respect to the claims of detainees and its sweeping grant to the Executive of rights to label persons enemy combatants and thereby leave them without legal rights which can be vindicated in courts. [read post]
10 Oct 2008, 4:34 pm
The second case is worth reading simply to review the very basics of habeas corpus and its role in the legal system. [read post]
4 Mar 2011, 9:11 am
This edition of “Petitions to watch” features cases up for consideration at the Justices’ March 4 conference. [read post]
10 Sep 2010, 1:05 am
Spencer, a habeas corpus case in which a man convicted of double homicide is seeking a new trial, alleging ineffective assistance of counsel. [read post]
2 May 2017, 7:38 pm
Before a new jury could be empaneled, Pete’s attorney “filed a combined application for writ of habeas corpus and motion to reinstate his pre-trial bond. [read post]
3 May 2016, 9:01 pm
” Most of that dysfunction is not attributable to requirements imposed by federal judges or justices.Indeed, in recent decades, Congress and the Supreme Court have reduced the procedural obstacles to imposing and carrying out the death penalty, chiefly by cutting back on the scope of federal habeas corpus. [read post]
27 Jun 2010, 10:27 pm
Give specific examples of how the Court decided properly and how it decided improperly.This term, the Court held that when a lawyer is super-duper-grossly negligent in missing a filing deadline for a habeas corpus petition and the client acted with mega-diligence to prevent that and then to file his own pro se petition, it might be possible to excuse the delay and the client may still seek habeas relief. [read post]
9 Aug 2021, 10:44 am
The Court states “[t]he person who is stopped will in all cases be ‘detained’ in the sense of ‘delayed’, or ‘kept waiting’. [read post]
22 Jan 2022, 8:46 am
Understandably frustrated, he filed a habeas corpus petition. [read post]
18 Jun 2009, 5:19 pm
Denial of habeas corpus (11th Circuit) Petition for certiorari Brief in opposition Brief amici curiae of Bob Barr, et al., Former Prosecutors and Members of the Judiciary(in support of petitioner) Cases involving lawyers from Akin Gump or Howe & Russell (listed without regard to likelihood of being granted): Docket: 08-1200 Title: Jerman, v. [read post]
4 May 2022, 5:01 am
After the Senate convicted MacCracken and the Supreme Court denied his habeas corpus petition, he served his ten-day sentence in the D.C. [read post]
2 Jul 2023, 4:15 am
Taamneh case. [read post]
28 Jan 2011, 3:46 pm
” But the habeas corpus legal cases that have come out of the Guantánamo Bay detention facility—which remains open, despite popular expectations to the contrary—have addressed only a small slice of the overall issue and have not—and will not—produce a coherent body of policy.U.S. government and security forces need clear and consistent application of their detention policies, and Americans must be better informed about them. [read post]
24 Jun 2010, 6:31 am
Although the writ of habeas corpus is rightly called "the Great Writ" by virtue of its ability to force the federal and the states' governments alike to release an individual from confinement, the Great Writ's less heralded cousin civil context is the Administrative Procedures Act, which is almost constitutional in its breadth and power: To the extent necessary to decision and when presented, the reviewing court shall decide all relevant questions of law,… [read post]
12 May 2010, 7:02 pm
§ 2244(d)(2), thus tolling the Anti-Terrorism and Effective Death Penalty Act’s one-year limitations period for a state prisoner to file a federal habeas corpus petition. [read post]
19 Jan 2016, 3:05 am
Why didn’t the ACLU bring writs of habeas corpus on behalf of detained and unrepresented defendants who “languish” in jail because judges have set bail while the state refuses to fund a constitutionally adequate defense? [read post]
20 Jan 2011, 9:57 am
CookeDocket: 10-333Issue(s): Whether a federal court may grant habeas corpus relief to a state prisoner based on its view that the state court erred in applying the state-law standard of evidentiary sufficiency governing state parole decisions.Certiorari stage documents:Opinion below (9th Circuit)Petition for certiorariBrief in oppositionPetitioners' reply Title: Sheets v. [read post]
29 Sep 2008, 7:50 pm
Alexander, No. 071780 In a conviction for sale of controlled substance in or near school grounds, denial of writ of habeas corpus is affirmed over claims that the state courts unreasonably applied Batson v. [read post]
