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25 Mar 2007, 4:00 pm
On top of that, we have three specialized units that don't operate out of a specific courthouse: The Legal Services Unit (Appellate), The Habeas Corpus Unit and the Capital Defense Unit. [read post]
24 Mar 2007, 12:07 am
Detainees are treated this way: They lose habeas corpus, the right to seek release from unlawful imprisonment. [read post]
23 Mar 2007, 2:52 pm
Of course, all of this is played out against the unfortunate and almost insurmountable barrier to habeas corpus imposed by the Antiterrorism and Effective Death Penalty Act. [read post]
22 Mar 2007, 2:22 pm
Constitution ensures that the writ of habeas corpus is available for detainees to contest the legality of their detention by the executive," the brief argued. [read post]
22 Mar 2007, 1:53 pm
Weaver; Christine Grimaldi of Cox New Service reports here on the habeas corpus case in the Contra Costa Times; and Grant Slater has this article in the St. [read post]
22 Mar 2007, 8:45 am
A federal court can grant habeas corpus to a state prisoner only if a previous state court decision that rejected the prisoner's appeal was 'contrary to or involved an unreasonable application of clearly established federal law as determined by the Supreme Court of the United States.' Supreme Court decisions stretching back for decades have disapproved of prosecutors' closing arguments that appeal to juror's emotions or that suggest a larger… [read post]
21 Mar 2007, 4:31 pm
The Circuit Court also ruled that this court-stripping provision was not an unconstitutional suspension of the writ of habeas corpus. [read post]
21 Mar 2007, 8:40 am
A number of state courts have divided on that question.In the case of Stephen Danforth, who filed the petition in 06-8273, the Minnesota Supreme Court declared: "Danforth argues that Teague dictates the limits of retroactive application of new rules only in federal habeas corpus proceedings and does not limit the retroactive application of new rules in state postconviction proceedings. [read post]
20 Mar 2007, 8:25 pm
  Whenever the Supreme Court agrees to hear a Ninth Circuit decision in a habeas corpus case, it means the Ninth Circuit will be slapped down, usually by a unanimous opinion. [read post]
20 Mar 2007, 5:41 am
Abrahamson, however, the Court ruled that Chapman does not apply in federal habeas corpus proceedings under Section 2254. [read post]
15 Mar 2007, 12:40 pm
Miller then filed a petition for a writ of habeas corpus in federal court, which was denied. [read post]
15 Mar 2007, 11:52 am
What should we think about this case? [read post]
14 Mar 2007, 2:29 am
The legislature cannot curtail the writ of habeas corpus in such a way and, in any event, the continuing nature of illegal confinement would render a habeas petition perpetually timely. [read post]
13 Mar 2007, 3:29 pm
With Rooker-Feldman out of the way, the remaining question is whether his claim falls "'within the core of habeas corpus' that it may ‘only be brought in a habeas petition.'" The court then explains how under Preiser v. [read post]
13 Mar 2007, 10:21 am
The questionable wire taps, secret foreign CIA interrogation prisons, possible torture, prolonged detentions without counsel or hearings, rejection of the Geneva Convention, the gathering of information by the FBI about American citizens and companies (revealed just today), the elimination of habeas corpus for certain categories of persons, etc. are all justified in the name of fighting terror and I believe, although I have nothing to substantiate it, that most of the country… [read post]
9 Mar 2007, 8:56 am
As I wrote in my book, Lincoln first suspended the writ of habeas corpus shortly after the Civil War began. [read post]
8 Mar 2007, 1:25 pm
The idea here is not to offer any sort of comprehensive discussion, but merely an effort to catalogue - an exercise in charting the forest, as it were.Here's the Times' list: (1) restore habeas corpus, (2) stop illegal spying, really, (3) close the CIA prisons, (4) account for "ghost prisoners," (5) ban extraordinary rendition, (6) tighten the definition of "illegal enemy combatant," (7) screen prisoners fairly and effectively, (8) ban tainted… [read post]
7 Mar 2007, 9:36 pm
 What happens to the privilege of the writ of habeas corpus when martial law is in effect? [read post]
7 Mar 2007, 2:12 pm
The New Hampshire Supreme Court then upheld the verdict in September, but Sisti said he has filed a habeas corpus petition in a federal district court. [read post]