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11 Nov 2016, 7:10 am by Gritsforbreakfast
Shipley Exley worked on the case in Fort Bend given it was the first case to go to trial. [read post]
10 Nov 2016, 8:35 am
To comply, the court would have to delay decisions in other cases and perhaps reduce the number of other cases it takes.Prop. 66 would adversely affect the Court of Appeal, which now has to review death penalty habeas corpus appeals. [read post]
7 Nov 2016, 2:48 pm by Kent Scheidegger
"  That is a flat-out falsehood.The proposition does require the courts to get the direct appeal and the initial habeas corpus petition done in five years, although it specifically says that the expiration of that time will not result in the dismissal of an appeal or habeas corpus petition. [read post]
7 Nov 2016, 2:08 pm by Kent Scheidegger
Superior Court, S225109, a case concerning when a habeas corpus petitioner may challenge the assigned judge.This confirms what we have been saying all along. [read post]
5 Nov 2016, 5:13 am by Ed. Microjuris.com Puerto Rico
De determinarse que en efecto hubo una violación a la Sexta Enmienda de la Constitución Federal, lo que comúnmente se denomina “innefective assistance of counsel”, dicho confinado puede, luego de agotar los remedios, solicitar un habeas corpus ante el Tribunal Federal para el Distrito que aplique, en las modalidades de nuevo juicio, y/o nueva apelación o “fresh appeal”. [read post]
2 Nov 2016, 10:05 am by Gritsforbreakfast
So they could pick whatever outcome they wanted, and each of them did.For my part, in retrospect, the reason this never occurred to me is that we were amending the habeas corpus statute, which generally challenges convictions from long ago for which all the inmates' direct appeals have been exhausted. [read post]
28 Oct 2016, 3:03 pm by Kent Scheidegger
  It was upheld again by the California Supreme Court on habeas corpus. [read post]
27 Oct 2016, 1:12 pm by Kent Scheidegger
Supreme Court took the extremely rare step of entertaining a habeas corpus petition filed directly in that court and transferring it to a district court for hearing and findings. [read post]
26 Oct 2016, 12:09 pm by Zachary Burdette, Quinta Jurecic
District Court of the District of Columbia held that Shawali Khan could no longer pursue his habeas corpus suit because he has been released from U.S. custody. [read post]
18 Oct 2016, 7:02 am by Richard M. Re
Bush, in which the court ruled that foreign nationals held at Guantanamo Bay have a right to pursue habeas corpus challenges to their detention. [read post]
17 Oct 2016, 5:57 am by John Floyd
  Once the direct appeals process has been completed, a federal defendant may file for a writ of habeas corpus under either 28 U.S. [read post]
13 Oct 2016, 7:02 am by MBettman
Hunter then turned again to federal court, filing a petition for a writ of habeas corpus. [read post]
8 Oct 2016, 7:51 am by Randy Barnett
It has long been thought and taught that President Lincoln defied an judicial order issued by Chief Justice Taney in Ex parte Merryman, a case involving Lincoln’s suspension of the writ of habeas corpus in the early days of the Civil War. [read post]
24 Sep 2016, 5:04 am by Gritsforbreakfast
We're at the front end of a period of utter chaos in this nation's forensic labs.Then there's the fact that, even where Texas law is ahead of the game, the Court of Criminal Appeals has abdicated its responsibility to interpret it as written to give it force: The Legislature created a "junk science writ" for wrongly convicted defendants to get habeas corpus relief when their conviction was primarily based on junk science. [read post]
9 Sep 2016, 7:20 am by Rory Little
But meanwhile, on topics like the death penalty and Miranda rights, and remedial questions such as the exclusionary rule or habeas corpus, Justice Scalia struck what many would call a decidedly “conservative,” or at least not defendant-friendly, tone. [read post]
30 Aug 2016, 10:24 am by Second Circuit Civil Rights Blog
He brings a habeas corpus petition, claiming ineffective assistance of counsel because his lawyer did not do anything about the fact that the defendant was hard of hearing and could not hear what was happening at trial. [read post]
25 Aug 2016, 10:57 am by Amanda L. Tyler
  Endo’s habeas corpus petition posed the only direct challenge to the camps to reach the Supreme Court and invoked the Suspension Clause to argue—correctly—that the government had no general authority to detain citizens without criminal charges. [read post]
24 Aug 2016, 11:07 am by CJLF Staff
  Bill Rankin of the Atlanta Journal Constitution reports that the dissenters worry that precedent set by the court will deprive death-row inmates chance to get relief with filing appeals-writs of habeas corpus- in federal court that challenge their convcitions and sentences. [read post]
24 Aug 2016, 3:30 am by Michael Lowe
Waco Judge Rules Lifer Should Be Freed as “Actually Innocent” After False Confessions Confirmed Down in Waco, a judge has recommended that the Court of Criminal Appeals grant an application for writ of habeas corpus for a man who has served over 20 years behind bars on a life sentence for two murders that happened back in 1992. [read post]