Search for: "Habeas Corpus Cases"
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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]
19 Apr 2018, 12:38 pm
Precythe, 17-8151, a habeas corpus petition involving a death-row inmate’s challenge to Missouri’s method of execution. [read post]
19 Apr 2018, 3:00 am
Geren, “habeas corpus is governed by equitable principles” and “prudential concerns. [read post]
18 Apr 2018, 4:08 am
Sellers, the justices held 6-3 that a federal habeas court reviewing an unexplained state-court decision on the merits should “look through” that decision to the last reasoned state-court decision. [read post]
17 Apr 2018, 8:57 am
Several aspect of the law of federal habeas corpus require the federal court to examine the basis of an earlier state court decision. [read post]
15 Apr 2018, 12:14 pm
” We join with attorneys like Case and Kapan, former federal judges, legal groups, and exonorees like Graves in their opposition to the Paxton-led effort to fast-track death penalty cases through the federal habeas corpus review process. [read post]
15 Apr 2018, 8:12 am
The suspect can then challenge the warrant by filing a petition for a writ of habeas corpus. [read post]
13 Apr 2018, 9:30 pm
” ICYMI, last week the California Law Review hosted a symposium on Amanda Tyler's Habeas Corpus in Wartime (Oxford University Press). [read post]
11 Apr 2018, 11:07 pm
Merryman’s attorneys immediately petitioned Chief Justice Taney, then hearing cases in Baltimore, for a writ of habeas corpus to free their client. [read post]
8 Apr 2018, 5:12 am
If you are a person, you have the capacity for rights, including the right to habeas corpus relief, which protects you from unlawful confinement. [read post]
8 Apr 2018, 4:24 am
But the case, that massive case, still lives in the system, not that anyone gives a damn anymore. [read post]
6 Apr 2018, 11:53 am
Over the next 13 years, Smith's conviction and death sentence were upheld on appeal and his numerous claims of trial error were rejected on habeas corpus. [read post]
6 Apr 2018, 4:00 am
” Finally, the government notes that “[i]n Boumediene, the Supreme Court explicitly left to the ‘expertise and competence of the District Court[s]’ the task of determining appropriate evidentiary and procedural rules for these Guantanamo habeas cases. [read post]
5 Apr 2018, 3:30 am
” Doe failed to show that he will suffer irreparable injury, because habeas corpus entitles him only to release from U.S. custody. [read post]
4 Apr 2018, 2:00 pm
And the pendulum will surely swing — not only with respect to our death penalty jurisprudence, and the harsh and inflexible means by which we today limit the historic writ of habeas corpus, but also with respect to the inimical manner in which the majority of today's judges view individual rights. [read post]
3 Apr 2018, 9:01 pm
Judge Reinhardt’s votes to grant death-sentenced prisoners’ habeas corpus petitions, protect dissident speech, stay deportation orders, and keep official religious exercises out of the schools were the product of his values, but no more so than contrary votes by conservative judges and justices are the product of theirs.Why, then, have so many of Judge Reinhardt’s critics insisted on seeing him as result-oriented or even lawless? [read post]
3 Apr 2018, 4:11 pm
With the regulations on the books, the litigation to block them resolved, and a new administration in office, this major yet nearly forgotten reform may finally see the light of day.States are required to provide counsel for indigent defendants at trial and on direct appeal but not in state collateral review (habeas corpus or a substitute). [read post]
3 Apr 2018, 1:01 am
Constitution provides that “The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it. [read post]
2 Apr 2018, 11:56 am
Rev. 45, 82 (2018) ("[N]early all of the Supreme Court's qualified immunity cases come out the same way—by finding immunity for the officials"); Reinhardt, The Demise of Habeas Corpus and the Rise of Qualified Immunity: The Court's Ever Increasing Limitations on the Development and Enforcement of Constitutional Rights and Some Particularly Unfortunate Consequences, 113 Mich. [read post]
29 Mar 2018, 7:01 am
But it’s actually a state-on-top petition in a habeas case. [read post]
