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6 Mar 2007, 11:40 am
But, before you pro-government yahoos (of which there are many that read this blog) start jumping for joy, they should read the concurrences which show why 1) not everything about the constitution is intuitive or democratic; and 2) Noonan's concurrence includes this language, which sums up my objections to AEDPA: AEDPA does operate over the whole class of cases of habeas corpus. [read post]
6 Mar 2007, 10:24 am
My initial coverage of this case, from May 2005, can be accessed here. [read post]
5 Mar 2007, 11:57 am
The protections of habeas corpus have always been most critical in cases of executive detention without charge. [read post]
5 Mar 2007, 9:59 am
Pernokis (NFP) - "In this dissolution case, Paul L. [read post]
5 Mar 2007, 7:03 am
The appeal in this case is an original petition for habeas corpus. [read post]
1 Mar 2007, 11:20 pm
It had something to do with whether the meaning of habeas corpus was fixed in 1789. [read post]
1 Mar 2007, 6:19 am
Circuit decision has centered on the primary question that Judge Randolph's opinion discussed -- whether there are any pre-1789 British analogies to the aliens being detained at Guantanamo and, if so, what those precedents show about whether such aliens would have been entitled to petition for a writ of habeas corpus as of 1789. [read post]
28 Feb 2007, 10:13 pm
Well, the trickle has now become a torrent, and it will only increase now that the case is in the Supreme Court.Most of the Internet discussion has centered on the primary question that Judge Randolph's opinion discussed -- whether there are any pre-1789 British analogies to the aliens being detained at Guantanamo and, if so, what those precedents show about whether such aliens would have been entitled to petition for a writ of habeas corpus as of 1789.Here's… [read post]
27 Feb 2007, 9:02 pm
Amero's ace in the hole in this case is a habeas corpus petition. [read post]
27 Feb 2007, 5:41 pm
They claim that, if the writ of habeas corpus is not available to them, those ultimate war powers questions may never be answered for foreign nationals taken prisoner overseas and held by the U.S. military at Guantanamo Bay. [read post]
27 Feb 2007, 4:58 am
"Testing the line between despotism and a free society": Today in The Boston Globe, columnist Scot Lehigh has an op-ed that begins, "Habeas corpus is now headed back to the US Supreme Court, in a case that will prove a fundamental test of US justice. [read post]
25 Feb 2007, 10:35 pm
What this history shows is that there were no legal black-holes at common law, not that sovereignty was the touchstone, let alone the sine qua non, of habeas jurisdiction.In fact, in no case before 1789 was the common law writ of habeas corpus held not to extend to territory under the crown's exclusive control and jurisdiction. [read post]
25 Feb 2007, 7:28 am
Amero's ace in the hole in this case is a habeas corpus petition. [read post]
24 Feb 2007, 2:27 pm
Then, just this week, she filed a dissent in which she implausibly claimed to believe that when Congress referred to an application for state review in the habeas corpus statutes, it meant application for state or federal review. [read post]
22 Feb 2007, 1:05 pm
According to today's decision, "Ordinola filed a petition for a writ of habeas corpus, and the district court granted the writ, determining that the political offense exception barred extradition in this case. [read post]
21 Feb 2007, 11:23 pm
Supreme Court held that a suspect's failure to raise his rights under the Vienna Convention on Consular Relations in a timely fashion under state law barred him from later arguing, in a habeas corpus petition, that the arresting officers' failure to inform him of his Convention rights rendered his conviction invalid. [read post]
21 Feb 2007, 6:11 pm
Culhane was working as a staff investigator for the Habeas Corpus Resource Center in San Francisco in each case except that of Morales, when she was employed by the inmate's attorneys. [read post]
21 Feb 2007, 5:29 pm
Fabricatore, of course, can file a Petition for Writ of Habeas Corpus (and I'm pretty sure he will), but the chances of succeeding are close to zero and good luck proving prejudice.Mr. [read post]
21 Feb 2007, 11:00 am
Pinales. “We hope the case proceeds quickly to the Supreme Court and that the court again will vindicate the historic and fundamental right to habeas corpus and uphold the right of the imprisoned to seek redress in court. [read post]
21 Feb 2007, 9:39 am
Application of the habeas statute to persons detained at the base is consistent with the historical reach of the writ of habeas corpus. [read post]
