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1 Mar 2010, 7:39 pm
Basically, the CCA examined Rule 79.2 of the Texas Rules of Appellate Procedure and used it to re-examine on their own Moreno's previously denied habeas corpus claim. [read post]
19 Jul 2008, 9:35 am
May 30, 2008)(per curiam) (family law, child support contempt, habeas corpus granted, due process violated, insufficient notice of charges) [38] In re TDFPS (CPS), No. 08-0391 (Tex. [read post]
10 Feb 2012, 4:47 am
In response to that, the federal courts here have held that a defendant can pursue a habeas corpus petition to bar retrial. [read post]
18 Nov 2011, 5:52 pm
Desormeaux filed a writ of habeas corpus in the injury-to-a-child case, alleging that the Double-Jeopardy Clause of the Fifth Amendment barred her trial for injury to a child after she was acquitted of capital murder. [read post]
4 Jun 2017, 5:34 am
With the second comment, I recognize that with lying being so widespread in society, there are criminal defendants and their loved ones who will exaggerate and lie about their criminal defense lawyers, including during the habeas corpus/ post conviction process after the defendant already has been convicted and lost on any direct appeal, when this post conviction process is the defendant’s last shot at obtaining relief in his or her case. [read post]
18 Nov 2011, 5:52 pm
Desormeaux filed a writ of habeas corpus in the injury-to-a-child case, alleging that the Double-Jeopardy Clause of the Fifth Amendment barred her trial for injury to a child after she was acquitted of capital murder. [read post]
9 Aug 2024, 12:10 pm
Robinson gives new meaning to habeas corpus. [read post]
26 Jul 2012, 10:33 am
TuiteDocket: 11-1094Issue(s): Whether a federal court may grant habeas corpus relief to a state prisoner without determining that the state court’s “harmless beyond a reasonable doubt” ruling was objectively unreasonable.Certiorari stage documents:Opinion below [Yates v. [read post]
14 May 2007, 8:49 am
"Even the wisest experts on these issues disagree about many things -- most of all, perhaps, about whether federal courts should have the power (denied by the Military Commissions Act) to hear full-fledged habeas corpus challenges to the military's detention or treatment of non-Americans captured overseas. [read post]
13 Jun 2023, 4:00 am
As I noted in a blog post accompanying the April column, there would be potentially serious procedural obstacles to Trump's obtaining his release via habeas corpus in that circumstances, although it is hard to know how that would all play out.Even so, while the criminal charges against Trump weaken his general election prospects and lead to uncertainty about how he would serve if he nonetheless won the Presidency, they do not appear to reduce the likelihood that he will secure… [read post]
1 Oct 2007, 5:03 am
"Last term saw the Court eroding the rights defendants have under habeas corpus, and for the first time since Brown v. [read post]
5 Oct 2020, 6:43 am
Despite her careful jurisprudence, Ginsburg saw broader problems with the death penalty, including limits on habeas corpus, failures to protect innocent defendants and unequal treatment based on race and other factors. [read post]
20 Apr 2009, 9:44 am
An inmate who has exhausted those appeals has the option of repeating the process through a habeas corpus petition in the federal courts. [read post]
23 Sep 2019, 4:02 am
Davis, 454 US 370 (1982) (summarily reversing in per curiam opinion the Fourth Circuit, sitting en banc, who affirmed the grant of a writ of habeas corpus by the district court on Eighth Amendment grounds for a prisoner who had been given 40 years in prison for 9 ounces of marijuana). [read post]
2 Jun 2015, 8:17 am
The other possibility is that, in occasional cases, the Justices can’t resist stepping in when they think a case has been wrongly decided – in the same manner that the Justices summarily reverse other types of cases, particularly (though not exclusively) grants of habeas corpus. [read post]
16 Feb 2024, 12:30 pm
The original three-judge panel called the situation "utterly bonkers," but held that circuit precedent required her to successfully petition for habeas corpus before bringing suit, even though she cannot so petition because she never went to jail. [read post]
2 Feb 2017, 1:22 pm
The quoted case descriptions are from Westlaw, except where described as quotations from Gorsuch. [read post]
30 Jul 2013, 2:10 pm
Needless to say, much litigation followed in the State of Texas, all at the instance of the enraged father, with the exception of one proceeding in the nature of habeas corpus successfully brought by the mother when the father, after one visit, apparently did not return the children. [read post]
8 Oct 2013, 9:01 pm
These are not isolated cases. [read post]
6 Oct 2024, 12:11 pm
The CIU’s exhaustive review found that in 2015, Williams filed a writ of habeas corpus in the Supreme Court of Missouri seeking to have DNA evidence found on the handle of the kitchen knife lodged in Gayle’s throat tested. [read post]
