Search for: "Habeas Corpus Cases" Results 361 - 380 of 4,150
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21 Dec 2020, 5:01 am by Paul Stern
This is particularly true in the case of excessive force under the Fourth Amendment. [read post]
Kayer also filed a habeas corpus petition with the federal district court, which denied Kayer’s claim for his failure to show prejudice in receiving insufficient assistance. [read post]
2 Dec 2020, 2:50 pm by Amy Howe
Alito also suggested that, before deciding whether the requirement was a watershed rule, the justices should first determine whether federal habeas corpus law would prohibit the application of Ramos to Edwards’ case. [read post]
Her male companion sought a writ of habeas corpus requesting her release, and the court agreed. [read post]
24 Nov 2020, 7:00 am by David Cole
(As ACLU National Legal Director, I was counsel in the census and cellphone privacy cases, and filed an amicus brief in the DACA case.) [read post]
13 Nov 2020, 4:45 pm by INFORRM
The lawyer’s wife had brought a habeas corpus application after her husband was detained “with a view to preventing him from acting in any manner prejudicial to the maintenance of public order”. [read post]
12 Nov 2020, 7:09 am by John Elwood
Hassid, 20-107, involves a property question so singular it reminds me of the kind of super-specific questions law nerds ordinarily only encounter in the habeas corpus context: whether the uncompensated appropriation of an easement that is limited in time effects a per se physical taking under the Fifth Amendment. [read post]
27 Oct 2020, 9:01 pm by Michael C. Dorf
Proponents point out that in the early Republic, Justices did double duty by “riding Circuit” and hearing cases as lower court judges. [read post]
26 Oct 2020, 8:26 am by The Law Office of Philip D. Cave
This matter is a petition for habeas corpus filed under 28 U.S.C. [read post]
20 Oct 2020, 3:42 pm by Eugene Volokh
Essentially, the State's view is that, like the suspension of the writ of habeas corpus permitted by the Constitution in times of "Rebellion or Invasion," normal constitutional review of state action is suspended when that action is taken to stop or slow a pandemic or other crisis. [read post]
20 Oct 2020, 1:16 pm by Lorenzo d’Aubert, Eric Halliday
Sessions, 901 F.3d 922 (7th Cir. 2018) In a similar case, Alvarenga-Florez v. [read post]
18 Oct 2020, 4:32 pm by Jonathan H. Adler
In this paper then-Professor Barrett considered Congress's power to delegate to the President the authority to suspend the writ of habeas corpus. [read post]
5 Oct 2020, 6:43 am by Jeffrey Kirchmeier
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]
30 Sep 2020, 2:21 pm by Unknown
Dodge (ICRA Habeas Corpus; Tribal Court Exhaustion Doctrine)Oxendine-Taylor v. [read post]
25 Sep 2020, 5:54 pm by Mark Tushnet
” On capital punishment, Coney Barrett and Garvey lay out a spectrum of actions: actually carrying out an execution (almost certainly prohibited as formal cooperation), imposing a death sentence authorized but not required by law (a discretionary act) (maybe prohibited as formal cooperation, and if only material cooperation, maybe prohibited by the “scandal” principle), sitting as an appellate judge in a case challenging a death sentence, or – shortening the list… [read post]
18 Sep 2020, 2:23 pm by Nathan Dorn
Resources at the Library of Congress related to the Amistad case include: Trial of the prisoners of the Amistad on the writ of habeas corpus, before the Circuit Court of the United States, for the district of Connecticut, at Hartford, Judges Thompson and Judson, September term, 1839. [read post]