Search for: "Habeas Corpus Cases"
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14 Jul 2020, 8:42 am
Over more than four decades, he has argued issues of breadth and importance in criminal and civil cases in state and federal appellate courts across the country.Before founding Riordan & Horgan with Donald Horgan in 2003, Dennis gained public attention with his thirteen-year battle through state and federal courts, including the United States Supreme Court, to vacate the murder convictions of John Spain, eventually leading to Spain’s release on a federal writ of habeas… [read post]
11 Jul 2020, 9:57 pm
Eventually Laughlin discovered the jurisdictional problem, filed a habeas corpus petition and was released from custody. [read post]
10 Jul 2020, 11:17 am
New York, NY, July 10, 2020 (GLOBE NEWSWIRE) -- Today the Nonhuman Rights Project (NhRP) filed its appeal in its habeas corpus case... [read post]
6 Jul 2020, 2:15 pm
This timely practice advisory outlines the various strategies for release from immigration detention, including humanitarian parole, bond proceeding in immigration court, bond redetermination in immigration court and habeas corpus proceedings in federal district court. [read post]
4 Jul 2020, 8:25 am
Thuraissigiam, in which the Court ruled that the denial of habeas corpus review in federal court to asylum seekers does not violate the Suspension Clause in Article I of the Constitution. [read post]
2 Jul 2020, 9:31 am
This explanation should mean that Thuraissigiam has no precedential value in terms of its methodology for a future case where a petitioner makes a Suspension Clause claim based on post-1789 developments with respect to the writ of habeas corpus—a possibility that the Supreme Court has held open in other cases. [read post]
2 Jul 2020, 9:26 am
Thomas also discerned that “it seems that the founding generation viewed the privilege of the writ of habeas corpus as a freedom from arbitrary detention. [read post]
29 Jun 2020, 2:13 pm
Adham’s case shows that habeas corpus remains a vital check on the executive’s detention power. [read post]
27 Jun 2020, 5:11 am
Boiled way down, Martinez allows petitioners to file federal habeas corpus proceedings to attack the effectiveness of their representation in their state PCRs. [read post]
27 Jun 2020, 4:07 am
The Court decided that the denial of habeas corpus to non-citizens does not violate the Suspension Clause in Article I of the Constitution. [read post]
26 Jun 2020, 7:15 am
The narrow legal question for the court in this case was whether the asylum seeker can file in federal district court a petition for habeas corpus—a means of challenging unlawful confinement or vindicating federal rights—to review any legal or constitutional errors the asylum officer may have made. [read post]
26 Jun 2020, 3:47 am
” At The Washington Free Beacon, Kevin Daley reports that “[t]he legal question was whether asylum seekers can seek habeas corpus, the basic right to have your detention reviewed by a judge, when they are fast-tracked for removal. [read post]
25 Jun 2020, 9:05 pm
Thuraissigiam then filed a habeas corpus petition in federal court to challenge the removal decision. [read post]
25 Jun 2020, 4:03 pm
See also Neuman, Habeas Corpus, Executive Detention, and the Removal of Aliens (1998) (noting the inherent difficulties of a strict originalist approach in the habeas context because of, among other things, the dearth of reasoned habeas decisions at the founding). [read post]
25 Jun 2020, 2:22 pm
The suspension clause says that writ of habeas corpus protections will not be suspended unless “when in Cases of Rebellion or Invasion the public Safety may require it. [read post]
25 Jun 2020, 11:51 am
The court rejected arguments that the limitation violates the Constitutional ban on suspending habeas corpus and violates due process. [read post]
21 Jun 2020, 9:00 pm
” The Court of Appeals, by rejecting a habeas corpus requested by J.S. attorneys (Habeas Corpus No. 2078076-14.2017.8.26.0000), also held that the warrantless search was lawful and “anonymous tips are the only means informants living in the vicinity of the underworld of drug trafficking have to alert police authorities. [read post]
15 Jun 2020, 4:00 am
There is some very interesting material on the writ of habeas corpus (immunity from illegal imprisonment), including items about Japanese-American interments during World War II. [read post]
9 Jun 2020, 10:51 pm
Ramseur’s case. [read post]
9 Jun 2020, 1:08 pm
It's possible he could have been eligible to have that conviction overturned via habeas corpus, but now he'll never have the chance.Polling demonstrates support for demonstrations, de-policingWe're starting to see polling in the wake of recent police-accountability protests. [read post]
