Search for: "Habeas Corpus Cases"
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10 Apr 2014, 9:24 am
Obama 13-638Issue: (1) Whether the court of appeals failed to apply the governing preponderance of the evidence standard in affirming the denial of petitioner's habeas corpus petition, thus denying him the meaningful review mandated by Boumediene v. [read post]
15 Aug 2023, 9:01 pm
For example, in 1868, Congress passed a law stripping the Supreme Court of its jurisdiction to hear an already-pending appeal in a habeas corpus case brought by a Mississippi critic of Reconstruction. [read post]
7 Aug 2024, 5:38 pm
In that case, the Court faced a scenario where Myanmar, like Israel, is not a Party to the Rome Statute. [read post]
11 May 2010, 11:01 am
But nothing in her record, at least the part I am familiar with, tells us that this is the case. [read post]
17 Apr 2011, 6:38 pm
Lincoln did something like this in responding to Taney's writ of habeas corpus for Merryman -- a general and spare presidential statement to Congress followed by a 26-page opinion from Edward Bates, his Attorney General. [read post]
18 Nov 2011, 9:03 am
Since then, he has been mentioned sixteen times in the pages of the United States Reports in other opinions by the Chief Justice (six more) and Justices Alito, Kennedy, Stevens, Ginsburg, and Souter, in cases touching upon everything from federal jurisdiction and securities law to habeas corpus and Fourth Amendment law. [read post]
17 Mar 2009, 8:42 pm
Attorney General Eric Holder recently filed an important memorandum with the federal district court overseeing the habeas corpus petitions filed by more than two hundred of the individuals still detained at Guantanamo Bay. [read post]
16 Jul 2015, 12:41 pm
First, Kurt’s thesis is that the original meaning of the Privileges or Immunities Clause refers exclusively to rights that appear in the text and he defends the widely-criticized decision in the Slaughter-House Cases for its 5-4 repudiation of the right to pursue a lawful occupation. [read post]
23 Sep 2011, 5:36 am
Instead, His sworn testimony at the habeas corpus hearing confirmed these allegations. [read post]
3 Sep 2015, 7:49 pm
At this point in every discussion of the duty to follow court orders someone will start breathing heavily and bring up President Lincoln’s disagreement with Dred Scott or his failure to follow a district court order in Ex Parte Merryman (declaring Lincoln’s unilateral suspension of habeas corpus unconstitutional). [read post]
26 Apr 2018, 12:36 pm
Jones’s attorney filed a pretrial Application for a Writ of Habeas Corpus challenging the constitutionality of the revenge porn statute under the First Amendment to the United States Constitution. [read post]
27 Oct 2007, 2:00 pm
So the United States, along with its closest democratic allies, ought to craft rules that are.To get there, we should move beyond the debate between those who say that only traditional habeas corpus rights to a fair hearing can sort out these cases and those who say that noncitizen enemy fighters captured abroad in wartime have never been entitled to their day in court. [read post]
5 Apr 2007, 3:21 am
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"The Adam Walsh Act does not contain provisions previously passed by the House of Representatives to restrict federal court jurisdiction to review habeas corpus petitions and the broad House-passed anti-gang and court securities titles. [read post]
1 Apr 2021, 10:41 am
In response to Appellee's habeas corpus motion, the trial court dismissed the aggravated assault charge due to a lack of sufficient evidence to support it. [read post]
5 Feb 2015, 6:46 am
Supreme Court has already recognized the detainees’ right to challenge their detention in court (habeas corpus), but has indicated no appetite for reviewing lower court decisions that have eviscerated that right by refusing to require the government to provide convincing evidence or to enable detainees to see and effectively challenge the government’s evidence. [read post]
12 Oct 2012, 1:47 pm
After being bound over to the district court, Respondent filed a pretrial petition for a writ of habeas corpus seeking to dismiss the charge, arguing that section 212.093(1) was unconstitutionally vague and overbroad, and that, by its terms, the statute does not prohibit the possession of cell phones. [read post]
25 Mar 2018, 5:03 am
That’s particularly true in the case of juvenile lifers. [read post]
3 Apr 2015, 11:20 am
F filed a petition in Bronx Family Court for custody of Jessica by Writ of Habeas Corpus. [read post]
23 May 2015, 5:32 am
Each defendant has bail (not “bond”) set at $1 million at the moment; they have a constitutional (under the Texas Constitution) right to “reasonable” bail, so as they get lawyers and those lawyers file applications for writs of habeas corpus, the bail amounts will take a nosedive. [read post]
15 Jan 2019, 12:23 pm
The state’s case against Chaney rested essentially on the flawed bite mark evidence and the false testimony presented to support it. [read post]
