Search for: "Habeas Corpus Cases"
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31 Jan 2024, 12:32 pm
Whatever the right policy response to these challenges (I think it's to make legal migration easier and to end the War on Drugs), their existence doesn't authorize a state to wage war, or the federal government to suspend the writ of habeas corpus. [read post]
29 Jan 2024, 10:46 am
Republican politicians have embraced immigration as a potent political issue. [read post]
25 Jan 2024, 1:40 pm
The habeas corpus issue, in particular, is one that would have raised hackles in the Founding era, as British abuses of habeas corpus were a major grievance during the American Revolution. [read post]
25 Jan 2024, 5:01 am
Solicitor General Elizabeth Prelogar and several of the Justices parried the constitutional claim with counterexamples, such as review under the traditional writ of mandamus, where courts would intervene only if the law was clear, or review of final convictions on habeas corpus, where Congress has limited relief to clear violations of the law (Antiterrorism and Effective Death Penalty Act of 1996). [read post]
23 Jan 2024, 7:42 am
Collins, it seemed to say the opposite.In that case, a 6–3 majority concluded that evidence of actual innocence was “not relevant” in a petition for a writ of habeas corpus “absent some [other] constitutional violation. [read post]
23 Jan 2024, 7:20 am
While other post-conviction relief may be available, such as habeas corpus relief through a new trial for newly discovered evidence or ineffective assistance of counsel, the appeal process is focused solely on determining whether a legal error occurred during the trial that affected the case outcome. [read post]
23 Jan 2024, 7:20 am
While other post-conviction relief may be available, such as habeas corpus relief through a new trial for newly discovered evidence or ineffective assistance of counsel, the appeal process is focused solely on determining whether a legal error occurred during the trial that affected the case outcome. [read post]
19 Jan 2024, 3:58 am
• Inform (in writing) defendants ordered detained by a Tribal court of their right to file federal habeas corpus petitions. [read post]
17 Jan 2024, 12:29 pm
In previous writings about the case, and claims that illegal migration and drug smuggling qualify as invasion, I have explained why such contentions are badly wrong as a matter of text and original meaning, and why accepting them would set a dangerous precedent empowering states to engage in war without congressional authorization, and the federal government to suspend the writ of habeas corpus at virtually any time it wants. [read post]
8 Jan 2024, 6:00 am
” Congress enacted new laws, including the Ku Klux Klan acts, and empowered the newly created Department of Justice to suspend habeas corpus and arrest suspected terrorists en masse. [read post]
4 Jan 2024, 9:33 pm
Individuals have the right to file habeas corpus petitions in the Supreme Court under Article 32 and in High Courts under Article 226, seeking relief from unlawful detention. [read post]
3 Jan 2024, 7:15 am
These summaries will be added to Smith’s Criminal Case Compendium, a free and searchable database of case summaries from 2008 to the present. [read post]
2 Jan 2024, 9:17 am
In 2015, Gamboa sought to file a petition for habeas corpus to challenge his conviction in federal court. [read post]
2 Jan 2024, 8:52 am
A federal judge eventually granted Cohen's writ of habeas corpus, ruling that Cohen was remanded back to prison in retaliation for writing a book that criticized Trump. [read post]
27 Dec 2023, 2:44 pm
Many saw this case as an injustice, which helps explain why Griffin was pardoned right after the Chief Justice issued his decision denying habeas corpus relief.It would be a shame if a case with this fact pattern was embraced by the Supreme Court as foundational for interpreting Section Three of the Fourteenth Amendment narrowly. [read post]
26 Dec 2023, 9:01 pm
The year 2023 ends with brothers Stewart and Michael Parnell in very different places in their Habeas Corpus appeals at the Circuit Court in Atlanta. [read post]
22 Dec 2023, 7:44 am
In accordance with our decision in Mack, exceptions to this filing bar are made for criminal cases and for applications for writs of habeas corpus. [read post]
20 Dec 2023, 5:21 am
It was augmented with an abstract of Magna Carta, and the Habeas Corpus Act of 1679 – contents that reflected the popularity of another pamphlet, English liberties, or The free-born subject’s inheritance; that title was published many times in England after its first appearance in 1682 and was printed in American for the first time in 1721. [read post]
15 Dec 2023, 12:30 pm
She had to first file a habeas corpus action while she was incarcerated—even though she was never incarcerated. [read post]
3 Dec 2023, 2:59 pm
Nevertheless, last November 21st, the Constitutional Court of Peru issued a new resolution, referring the proceedings on the enforcement judge of habeas corpus to “proceed in accordance with its powers”. [read post]
