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23 Jun 2008, 6:34 pm
The court also stated that its disposition was without prejudice to Parhat's right to seek release immediately through a writ of habeas corpus in the district court, pursuant to the Supreme Court's decision in Boumediene v. [read post]
23 Jun 2008, 6:23 am
Note that in an MCA/DTA review of a CSRT decision in the Parhat case, a very diverse panel of the court of the D.C. [read post]
20 Jun 2008, 1:31 pm
The case involves one component of the statutory limitations period imposed on federal habeas corpus claims by the Antiterrorism and Effective Death Penalty Act (”AEDPA”), 28 U.S.C. 2244(d)(1)(A). [read post]
20 Jun 2008, 9:23 am
The writ of habeas corpus is a fundamental right of any civilized society. [read post]
20 Jun 2008, 2:01 am
" (1789) John Quincy Adams "The struggle for American independence was for chartered rights, for English liberties, for trial by jury, habeas corpus and Magna Carta. [read post]
19 Jun 2008, 8:29 pm
The detainees’ lawyers said that “immediate issuance [of the judgment] is particularly appropriate given the Court’s recognition of [detainees’] right to a prompt hearing on the merits of their habeas corpus cases. [read post]
19 Jun 2008, 1:15 pm
They do have constitutional rights, including due process and the right to habeas corpus, to name a few. [read post]
18 Jun 2008, 12:16 am
To permit them to be held without access to a civilian court (via habeas corpus or an adequate substitute) would put liberty at enormous risk.Although equal treatment for battlefield captives and other war-on-terror detainees is not inevitable, I want to offer a tentative defense of Justice Kennedy's treatment of them as such. [read post]
17 Jun 2008, 10:55 pm
The panel held that because there was not an appreciable risk of self-incrimination following the expiration of both Bandy-Bey's direct appeals and the denials of two separate habeas corpus petitions. [read post]
17 Jun 2008, 4:35 pm
Accordingly, we remand to the district court with instructions to grant the petition for writ of habeas corpus and to return the case to the San Joaquin County Superior Court to reduce Belmontes's sentence to life without parole, unless the State pursues a new sentencing proceeding within a reasonable amount of time, as determined by the district court. [read post]
17 Jun 2008, 2:47 pm
Hood's case. [read post]
16 Jun 2008, 11:55 pm
Baker Hostetler partner David Rivkin discusses the case. [read post]
16 Jun 2008, 11:55 pm
University of Chicago Law professor Richard Epstein discusses the cases. [read post]
16 Jun 2008, 8:18 pm
“The detainees in these cases,” Justice Kennedy announced, “are entitled to a prompt habeas corpus hearing. [read post]
16 Jun 2008, 7:58 pm
The Supreme Court just barely ruled this week that those detained in the prison at Guantanamo Bay have the right to invoke habeas corpus just as citizens of the United States are guaranteed under the Constitution. [read post]
16 Jun 2008, 11:47 am
Accordingly, the Constitution provides that "The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it. [read post]
16 Jun 2008, 4:21 am
The role of an Article III court in the exercise of its habeas corpus function cannot be circumscribed in this manner.So here's my question: Whatever happened to the significance of process? [read post]
16 Jun 2008, 12:05 am
(Boumediene is a rebuke of Congress, too, insofar as it invalidates statutory stripping of federal jurisdiction to hear habeas corpus applications, but it's also fairly viewed as a rebuke to the president.) [read post]
15 Jun 2008, 1:45 am
The foreign cases cited are English cases, which are obviously relevant in assessing the historical scope of a legal form (habeas corpus) that the colonies and later the U.S. inherited from England. [read post]
14 Jun 2008, 1:03 pm
Indeed, there are hardly any sets of rules and procedures more well-established in our law than those that apply to habeas corpus proceedings. [read post]
