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26 Jan 2011, 2:55 pm
In Swarthourt v Cooke, Supreme Court No. 10-333, the Court granted certiorari on a rather boring question concerning habeas corpus law: “Whether a federal court may grant habeas corpus relief to a state prisoner based on its view that the state court erred in applying the state-law standard of evidentiary sufficiency governing state parole decisions. [read post]
20 Apr 2011, 3:32 am
No doubt about it, habeas corpus is a burden. [read post]
12 Jun 2008, 2:59 pm
Kennedy wrote for 5 members of the Court: "We hold these petitioners do have the habeas corpus privilege. [read post]
2 Apr 2008, 7:06 am
“Even if this Court were to determine both that [the detainees] have a constitutional right to habeas corpus and that the alternative mechanism for review esta blished by Congress is constitutionally inadequate, a host of threshhold issues would need to be resolved concerning the nature of the resulting habeas proceedings,” the Department argued. [read post]
9 Nov 2009, 4:47 pm
How many cases considered by the Warren Court (1953-1967) involved the federal habeas corpus act? [read post]
10 May 2007, 1:20 am
Rumsfeld, reserving Constitution-based decision in that 2006 case as it ruled that the 2005 statute had not clearly abrogated detainees' habeas rights.Within months Congress responded: included in the Military Commissions Act was a clearer cutoff of habeas rights. [read post]
22 Jan 2011, 7:12 pm
A prisoner filed a mandamus petition with the First District to compel a ruling on a habeas corpus matter in the circuit court. [read post]
15 Apr 2015, 4:56 am
The Texas House Criminal Jurisprudence Committee today will hear a pair of bills related to habeas corpus writs that relate to topics frequently covered on this blog during the years I worked for the Innocence Project of Texas:Habeas writs and appointed counselHB 1346 by Alonzo provides that indigent defendants may be appointed counsel to file a habeas corpus writ when prosecutors agree in court that a defendant who's already been sentenced "is not… [read post]
11 Jun 2012, 10:38 am
Matthews, summarily reversing the Sixth Circuit in a death penalty habeas corpus case:[T]he Sixth Circuit held that certain remarks made by the prosecutor during his closing argument constituted a denial of due process.... by suggesting that [the defendant] had colluded with his lawyer ... and [his expert witness] to manufacture an extreme emotional disturbance defense. [read post]
19 Apr 2018, 2:40 pm
In this case, the habeas corpus petition was filed directly in the California Supreme Court, an overloaded court that is institutionally unsuited to deciding fact-heavy questions. [read post]
10 Sep 2011, 10:04 am
Jonathan Hafetz, a habeas lawyer and law professor at Seton Hall University School of Law and the author of Habeas Corpus after 9/11: Confronting America’s New Global Detention System, writes in with the following in connection with Lawfare’s 9/11 10th Anniversary Project: The central challenge facing lawyers in the early days of the Guantánamo habeas corpus litigation was to persuade the Supreme Court to recognize… [read post]
29 Apr 2021, 6:28 am
The three-page unsigned per curiam opinion came in the case of Alaska v. [read post]
15 Jan 2013, 9:58 pm
The panel of this Court which originally heard the case decided in SH's favor on both claims of error, reversed the judgment of the District Court denying Hoover's petition for habeas corpus, and remanded the case with directions to grant the writ and discharge Hoover, unless the State elected to retry him within a reasonable time. [read post]
25 Jun 2008, 11:01 am
Supreme Court (left) in Boumediene was:To what extent does the privilege of the writ of habeas corpus extend to foreign nationals detained within the unique jurisdictional circumstances of Guantánamo? [read post]
30 Jun 2008, 9:00 am
Thanks to investigative reporter Greg Palast for reminding us, amidst all the fuss over the US Supreme Court's recent big cases in the news - the gun rights case, and the Guantanamo detainees' habeas corpus case, among others - that the US Supreme Court just gave a huge gift, worth about $2 billion, to Exxon this past week: Greg Palast: Court Rewards Exxon for Valdez Oil Spill. [read post]
20 Feb 2007, 7:05 am
The Court also ruled that this did not amount to an unconstitutional suspension of the writ of habeas corpus. [read post]
27 Jul 2011, 2:25 pm
Today Judge Mary Scriven from the Middle District granted a writ of habeas corpus and declared Florida’s drug law unconstitutional. [read post]
6 Oct 2010, 5:16 pm
No. 107-40, 115 Stat. 224 (2001), Khan filed a petition for a writ of habeas corpus in this Court. [read post]
14 Jan 2009, 4:04 am
In re Jay Edwin Gibson (Per Curiam) - Gibson filed a writ of habeas corpus, but the trial court didn't timely designate the contested issues. [read post]
4 Jan 2008, 12:22 pm
Va. to deny the petition for habeas corpus of Edward N. [read post]
