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20 Aug 2012, 2:48 pm
., Designated Counsel; PO Box 498; Asbury Park, NJ 07712-0498; 732-614-3319; cicciaesq@yahoo.com): Post-conviction relief is New Jersey’s analogue to the federal writ of habeas corpus and is a safeguard to ensure that a defendant is not unfairly convicted. [read post]
24 Oct 2007, 7:11 am
In this respect, this case is analogous to a pre-1996 habeas corpus proceeding in which the district court or court of appeals has issued the petitioner a certificate of probable cause to appeal. [read post]
28 Jul 2008, 10:08 am
The International Covenant on Civil and Political Rights (ICCPR), to which the U.S. is a party, does not categorically prohibit administrative detention, but does prohibit arbitrary detention and provides for a mechanism, akin to habeas corpus, to remedy it.Anytime one mentions the ICCPR in connection with U.S. terrorism detention policy, it is first necessary to dismiss two patently incorrect U.S. positions. [read post]
21 Sep 2015, 8:35 am
Intricate discussions of retroactivity doctrine and federalism, habeas corpus, and finality, have proven attractive to some of the Justices in the past in cases such as Teague v. [read post]
22 Dec 2016, 4:21 pm
In the pages of court cases and legal commentaries. [read post]
17 Jun 2014, 7:15 am
Murdaugh 13-1057Issue: Whether the court of appeals exceeded its authority to grant a writ of habeas corpus when it expanded Ring v. [read post]
7 Aug 2020, 2:43 pm
Hampton also charged in Outcry that Cummings and her attorney conspired with the State Prosecuting Attorney to undermine Kelley’s habeas corpus writ application while it was pending before the Texas Court of Criminal Appeals. [read post]
9 Mar 2012, 3:04 am
Plaintiff then commenced a habeas corpus proceeding contending ineffective assistance of counsel. [read post]
28 Jul 2008, 2:53 pm
" CIVIL PROCEDURE, CRIMINAL LAW & PROCEDURE, HABEAS CORPUS, PER CURIAM, SENTENCING Contino v. [read post]
20 Nov 2017, 7:29 pm
A federal judge, hearing Jones’s petition for the writ of habeas corpus, disagree, and vacated Jones’s conviction. [read post]
28 Dec 2010, 1:08 pm
A judge faced with an unlawful bail can treat a motion to reduce bail as a writ of habeas corpus and immediately lower the bond to something legal. [read post]
24 Sep 2019, 3:10 pm
In June 2018, they filed an Application for Writ of Habeas Corpus before a Texas court that included candid admissions of error and affidavits from the same expert witnesses who were called by the state at Reed’s 1998 Bastrop County murder trial. [read post]
25 Apr 2017, 8:30 pm
Oklahoma to a captial habeas corpus proceeding in Arkansas. [read post]
30 Dec 2016, 8:08 am
Florida to the case. [read post]
4 Feb 2012, 10:04 am
STATE OF FLORIDA, Appellee. 5th District.Criminal law -- Attorney's fees -- Attorney appointed to represent indigent defendant in criminal case -- Where case had been determined to be extraordinary and unusual, court departed from essential requirements of law by limiting fee to double the flat fee without considering the number of hours expended in determining whether the fee award was confiscatoryJOSHUA D. [read post]
6 Jun 2019, 8:07 am
More than 20 years later, the 9th Circuit granted McKinney a conditional writ of habeas corpus, holding that Arizona courts had erred by failing to consider nonstatutory mitigating evidence in violation of Eddings v. [read post]
5 Mar 2012, 7:29 am
Let’s start working on your case today! [read post]
11 Jan 2012, 6:05 am
(Beth Van Schaack – IntLawGrrl editor on location – has written several excellent posts about the upcoming military trial of Abd al-Rahim al Nashiri, scheduled to begin at the end of this month; Editor Diane Marie Amann's in-the-field account of December 2008 hearings is here.)For the scores of men who will not get a military trial, the Supreme Court in the 2008 Boumediene case promised they would be able to challenge their detentions through habeas corpus… [read post]
19 Feb 2019, 1:41 pm
If held pending trial, your lawyer can file a Writ of Habeas Corpus. [read post]
10 Feb 2020, 5:01 am
There is no direct Supreme Court precedent on the due process rights of a person subject to quarantine or isolation, but there is state precedent that the constitutional requirement is provided by the writ of habeas corpus. [read post]