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10 Mar 2008, 12:53 pm
Central to those cases is whether Guantánamo detainees are entitled to habeas rights under the Constitution and, if so, whether the CSRT process - accompanied by judicial review in the D.C. [read post]
3 Mar 2008, 12:13 pm
Sabol, No. 06-2692 Grant of petitions for habeas corpus is reversed where the Bureau of Prisons rule denying placement in a community corrections center to all prisoners during the first ninety percent of their sentences was a reasonable exercise of the BOP's discretion in carrying out its duties under 18 U.S.C. section 3621(b). [read post]
1 Mar 2008, 11:25 am
Habeas corpus court granted the petition and ordered a new trial. [read post]
26 Feb 2008, 8:16 am
It will be interesting to see if the construction of the habeas corpus statute in Rasul, to which Justice Scalia dissented, finds any loyalty in his analysis of the rights of Guantánamo prisoners in the pending Boumediene case. [read post]
25 Feb 2008, 8:18 pm
” Justice Stevens opens his opinion in Danforth by summarizing the Teague Rule: New constitutional rules announced by this Court that place certain kinds of primary individual conduct beyond the power of the States to proscribe, as well as "water- shed" rules of criminal procedure, must be applied in all future trials, all cases pending on direct review, and all federal habeas corpus proceedings. [read post]
25 Feb 2008, 8:29 am
Via Scotusblog, the United States Supreme Court granted certiorari on three cases this morning. [read post]
25 Feb 2008, 6:50 am
That is the case, Justice John Paul Stevens wrote, even if the court does not extend the same benefit in federal habeas corpus cases. [read post]
25 Feb 2008, 2:38 am
After the Crawford decision, Danforth filed a habeas corpus petition in Minnesota state court, seeking a new trial.If Danforth had sought habeas relief in federal court, he would have lost. [read post]
22 Feb 2008, 8:36 pm
Lodge disagreed, ruling that the condition was unreasonable and granting a writ of habeas corpus. [read post]
22 Feb 2008, 8:17 pm
Crockett filed a habeas corpus petition in Mendocino Superior Court, arguing that, while he was obligated by Texas law to comply with the conditions of probation set by the Texas court, his failure to register as a sex offender did not constitute a violation of Sec. 290. [read post]
21 Feb 2008, 8:58 pm
Under Supreme Court precedent, state criminal defendants whose convictions are final may generally not avail themselves of "new rules" by petitioning for habeas corpus in federal court on the basis of a favorable new Supreme Court decision. [read post]
21 Feb 2008, 8:06 am
The case that barred state inmates from receiving the advantage of new Supreme Court decisions in their federal habeas corpus cases was a heatedly disputed 5-to-4 decision in 1989. [read post]
20 Feb 2008, 9:04 pm
I've been staying rather mum on the Guantanamo cases and the Iraqi detention cases, partly because I've been busy and partly because I've been involved in both... that being said, I wanted to flag one issue that I explore in a new paper an early draft of which I just posted to SSRN--the idea of "adequate" and "effective" alternative remedies to habeas corpus. [read post]
20 Feb 2008, 4:05 pm
Minnesota [pdf] today, ruling 7-2 that Teague’s retroactivity prohibition applied to Federal courts on federal habeas corpus review. [read post]
20 Feb 2008, 8:33 am
Denial of habeas corpus. [read post]
16 Feb 2008, 2:34 am
William Shubb) denied the petition for a writ of habeas corpus. [read post]
14 Feb 2008, 2:00 pm
” Clement wrote: “If, for example, this Court in Boumediene and Al Odah reaches the question of whether the DTA processes are an adequate substitute for the review provided by common-law habeas corpus, the Court may have occasion to address the scope of DTA review, perhaps including the record on review, directly. [read post]
13 Feb 2008, 1:59 pm
Rather clearly, the Clean Team were doing investigations on behalf of the prosecution, and in fact the Times story quotes a government official who confirms the role that prosecutors played in guiding the Clean Team.All the Guantanamo detainees are represented by lawyers handling their habeas corpus and Detainee Treatment Act cases. [read post]
11 Feb 2008, 8:08 am
To view these cases distributed by Findlaw.com you must first sign in to Findlaw.com. [read post]
5 Feb 2008, 8:11 am
To view these cases distributed by Findlaw.com you must first sign in to Findlaw.com. [read post]
