Search for: "Habeas Corpus Cases"
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24 Jul 2015, 4:31 pm
As explained in further detail in the governor’s application for a writ of habeas corpus and motion to quash the indictment, a governor simply does not have “custody or possession” of a sum of money that starts out in the Texas State Treasury, ends up in the Texas State Treasury, and remains throughout in the Texas State Treasury. [read post]
27 Jan 2009, 4:19 am
They have no place to go for help when the prison administrators and guards frequently retaliate against them for filing 602 ´s, habeas corpus petitions and other legal actions such as lawsuits. [read post]
22 May 2017, 7:39 pm
Pate (U.S. 1967): Court held that an Illinois death row inmate was entitled to habeas corpus relief where prosecutor knowing misrepresented paint-stained shorts as blood-stained and for failing to disclose the nature of the stains. [read post]
2 Jul 2018, 6:55 am
Many of the death penalty cases in which he has participated involve applications of the Antiterrorism and Effective Death Penalty Act, a 1996 federal law that imposes both procedural and substantive limitations on an inmate’s ability to obtain habeas corpus relief from his conviction. [read post]
4 Jan 2016, 8:00 pm
United States has been “made retroactive” to second or successive petitions for habeas corpus within the meaning of 28 U.S.C. [read post]
24 Mar 2022, 6:01 am
Feldman focuses on three of Lincoln’s illegalities: his decision to wage war on the Confederacy, his suspension of habeas corpus and his issuance of the Emancipation Proclamation. [read post]
5 Nov 2016, 5:13 am
De determinarse que en efecto hubo una violación a la Sexta Enmienda de la Constitución Federal, lo que comúnmente se denomina “innefective assistance of counsel”, dicho confinado puede, luego de agotar los remedios, solicitar un habeas corpus ante el Tribunal Federal para el Distrito que aplique, en las modalidades de nuevo juicio, y/o nueva apelación o “fresh appeal”. [read post]
7 Jul 2007, 1:13 am
Earlier a state court had denied his habeas corpus petition - evidence of police coercion - on a technicality, ruling that the petition was "procedurally defaulted," that is, not raised earlier. [read post]
9 Dec 2010, 10:02 am
We directed the district court to subject the hair to mitochondrial DNA testing.The district court held hearings on Cooper’s application for habeas corpus in 2004 and 2005. [read post]
13 Aug 2007, 11:47 pm
On Tuesday, August 7, in a six-to-three decision, the Texas Court of Criminal Appeals denied his final writ of habeas corpus, giving the legal green light for his execution. [read post]
15 Feb 2024, 3:33 pm
This limitation is based upon what Justice Barrett referred to as a broader “principle of structural preemption,” reflected in the Court’s holdings in landmark decisions such as Tarble’s Case (1871) (a state judge may not issue a writ of habeas corpus for the discharge of a person held by a federal official) and M'Clung v. [read post]
22 May 2013, 6:00 am
Ultimately, his habeas corpus petition reached the Supreme Court, which in 2004 issued a split decision: As a citizen, Hamdi was entitled to more process than he had thus far received, but on the other hand, he would indeed be subject to military detention if the government could prove he had been a Taliban fighter, as it alleged. [read post]
20 Aug 2015, 6:00 am
In every case the proper permissions have been obtained. [read post]
24 Feb 2023, 12:30 pm
Feds: Hey Second Circuit, could you issue a revised opinion in this drug sentencing case? [read post]
23 Dec 2015, 8:00 am
His boat traveled on to Melbourne and, after the prohibition order was found illegal by the High Court of Australia as a result of habeas corpus proceedings, Kisch was finally able to disembark in Sydney. [read post]
29 Sep 2008, 2:59 am
Three motions have been filed to date, with one denial and two pending decisions.While all of this activity was occurring, the federal court has also been reviewing my request for habeas corpus relief. [read post]
15 Feb 2019, 2:06 pm
When with the US District Court for the District of Kansas, she analyzed briefs and pleadings and prepared proposed orders involving civil rights claims, habeas corpus, and other issues. [read post]
27 Nov 2021, 5:29 pm
This was a kidnapping case. [read post]
27 Nov 2021, 6:26 am
Generally, a process server’s affidavit of service establishes a prime facie case as to the method of service and, therefore, gives rise to a presumption of proper service. [read post]
10 Apr 2015, 4:13 am
Circuit in Kiyemba denied habeas corpus relief to nine GTMO detainees who opposed transfer off the island on the ground that they were likely to be tortured in the recipient country. [read post]
