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3 Dec 2013, 8:39 am
The troubling question in these detainee cases is whether the law of the circuit has stretched the meaning of the AUMF and the NDAA so far beyond the terms of these statutory authorizations that habeas corpus proceedings like the one afforded Ali are functionally useless. [read post]
2 Nov 2007, 10:35 am
October 29, 2007) (Meskill, Newman, Sotomayor, CJJ)Although the Blog does not regularly report on decisions in state prisoners' habeas corpus proceedings, this nifty case has relevance to federal criminal practice.Steven Willette, a convicted sex offender in New York State, was tried and convicted, inter alia, of multiple violations of New York's Sex Offender Registration Act (SORA). [read post]
18 Sep 2013, 4:39 pm
This also creates a problem for death row petitioners and habeas lawyers attempting to research their cases, as there is little case law developed on capital habeas proceedings despite the frequency of death sentences imposed and executions carried out. [read post]
14 Feb 2015, 8:52 am
Court of Appeals for the Fifth Circuit issued a decision affirming the district court's denial of a writ of habeas corpus. [read post]
18 Jan 2011, 8:02 am
You have a one-year deadline to file a habeas corpus petition. [read post]
27 Oct 2008, 2:55 am
The case is frequently cited as an application of the maxim "no one should profit from his own wrong. [read post]
7 Sep 2012, 7:54 pm
Bush, the 2008 Supreme Court decision recognizing Guantanamo detainees constitutional right to habeas corpus. [read post]
10 Jan 2008, 5:40 pm
Last week, they even gave Kauffman the option of filing a new habeas corpus petition. [read post]
26 Apr 2007, 6:13 am
Habeas for one, habeas for all. [read post]
24 Aug 2011, 3:04 pm
I posted more than a year ago about an excellent granting of a habeas corpus petition by Judge Brian McCarville. [read post]
23 Mar 2009, 10:51 pm
The federal (constitutional) writ of habeas corpus is the last chance for inmates to have errors reviewed. [read post]
31 Mar 2011, 2:05 pm
§1983," or must instead do so "in a petition for a writ of habeas corpus under 28 U. [read post]
12 Oct 2015, 8:38 pm
Here is another case where a military prisoner has sought habeas corpus relief, in the Kansas District Court (the Tenth Circuit). [read post]
13 Apr 2024, 5:50 pm
The habeas corpus petition filed to request his release stemmed from his detention during the raid at the Mexican Embassy last week and followed a series of international petitions to international organizations. [read post]
31 Aug 2010, 4:27 pm
The California Supreme Court yesterday issued a pair of companion cases addressing state habeas claims by death row inmates. [read post]
12 Aug 2017, 9:41 pm
In this estate case, petitioner appealed an order and judgment (one paper) of the Supreme Court, Suffolk County, dated February 10, 1981, as denied his motion for summary judgment and thereupon dismissed a writ of habeas corpus. [read post]
31 Oct 2007, 1:40 am
Lane, federal courts cannot grant state prisoners a writ of habeas corpus when the attack on the work of the state court is based on a rule of constitutional law that was announced after the conviction became final. [read post]
2 Nov 2011, 4:46 pm
Smith’s petition for a writ of habeas corpus was denied by the U. [read post]
6 Nov 2013, 9:34 am
MORRISON BARNES, Appellee. 4th District.Criminal law -- Attempted second degree murder -- Habeas corpus -- Ineffective assistance of appellate counsel -- Sentencing -- Trial court's incorrect statement that there existed “testimonial evidence that drugs were involved” indicated court was considering unsubstantiated allegations in its sentencing decision, and state failed to demonstrate that this improper consideration played no part in sentence imposed -- Prejudice --… [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]
