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14 Jan 2011, 10:07 am
This edition of “Petitions to watch” features cases up for consideration at the Justices’ January 14 conference. [read post]
27 May 2010, 10:30 am
For example, in recent years, Justice Stevens has advocated for automatic stays for “all executions scheduled in advance of the completion of our review of the denial of a capital defendant’s first application for a federal writ of habeas corpus,” explaining that “[s]uch a practice would . . . accord death row inmates the same, rather than lesser, procedural safeguards as ordinary litigants. [read post]
18 May 2021, 5:56 am
The mother returned to New York in 2019 and commenced a proceeding, seeking a writ of habeas corpus to compel the father to produce the children before the Family Court and custody of the children. [read post]
15 Feb 2010, 2:20 pm
Jones Docket: 09-357 Issue: When a state court has reviewed the merits of a petitioner’s federal claim for plain error, is the decision of a federal court of appeals in a habeas corpus action that there was procedural default of that claim contrary to the decisions of this Court? [read post]
23 Jan 2014, 9:28 am
But it is just fine, he concludes, when a court is considering other questions, such as the nonconstitutionally mandated rules of habeas corpus. [read post]
5 Jul 2024, 10:50 am
One can imagine a Trump administration suspending habeas in connection with those who cross the border without authorization. [read post]
12 Jun 2013, 5:56 pm
The Court inquired into various aspects of the infant children's experiences and desires; the Court inquired into the behavior of plaintiff and defendant during periods when each was the custodial parent and during visitation; the Court was disturbed by many of the infant children's disclosures regarding plaintiff; and equally troubling was plaintiff's response to a Nassau County Family Court Order of Habeas Corpus requiring him to produce the children in Court in March of 2008,… [read post]
9 Sep 2016, 7:20 am
But meanwhile, on topics like the death penalty and Miranda rights, and remedial questions such as the exclusionary rule or habeas corpus, Justice Scalia struck what many would call a decidedly “conservative,” or at least not defendant-friendly, tone. [read post]
10 May 2012, 4:12 am
In any case, the NDAA does not assign the military such a role. [read post]
12 May 2007, 10:03 pm
The cases involve an Afghan, Haji Bismullah (his case is Bismullah v. [read post]
13 Jul 2022, 4:09 pm
If only that were the case …. [read post]
23 Oct 2012, 9:01 pm
Bush, the Supreme Court held that Act unconstitutional insofar as it eliminated habeas corpus review of detention decisions, and last week’s D.C. [read post]
2 Dec 2011, 8:03 am
Requires that on or before December 15, 2013, and biennially thereafter, the State Auditor audit the Administrative Office of the Courts, the Habeas Corpus Resource Center, and the appellate courts. [read post]
12 Jan 2008, 10:05 am
Caminito filed a petition for federal habeas corpus, raising essentially the same issue. [read post]
20 Nov 2009, 12:22 pm
The other phase of post-conviction review inolves the filing of a habeas corpus petition, in which other issues are considered. [read post]
22 Mar 2020, 4:09 am
The request raised eyebrows because of its potential implications for habeas corpus –– the constitutional right to appear before a judge after arrest and seek release. [read post]
11 Nov 2007, 10:11 am
He petitioned the district court for a writ of habeas corpus, arguing, inter alia, that his trial counsel was constitutionally ineffective and that the trial court erroneously struck a potential juror from the panel. [read post]
15 Dec 2016, 5:09 am
For most, it’s habeas corpus, the Great Writ. [read post]
29 Jul 2008, 5:48 pm
Since detainees were denied the fundamental right of habeas corpus, they had no way to challenge their detention. [read post]
30 May 2023, 5:32 pm
The father filed a petition for writ of habeas corpus, alleging the grandmother was illegally holding them. [read post]