Search for: "Habeas Corpus Cases"
Results 1141 - 1160
of 4,148
Sort by Relevance
|
Sort by Date
7 Dec 2015, 12:26 pm
The method for addressing the constitutionality of the statute is known as a pretrial writ of habeas corpus. [read post]
7 Dec 2015, 5:00 am
(In most cases, there's no right to counsel for habeas corpus writs.) [read post]
6 Dec 2015, 2:51 pm
On December 4, 2014, the Third Department affirmed the lower court’s dismissal of the NhRP’s petition for a writ of habeas corpus . . . [read post]
3 Dec 2015, 4:00 am
This guy went to jail and hired a lawyer to file his habeas corpus petition. [read post]
2 Dec 2015, 8:20 am
” When seizures are pursued that cannot survive a “good faith” challenge I will pursue a due process or habeas corpus remedy. [read post]
1 Dec 2015, 7:16 pm
Martinez also explained why the rule requiring the defendant to plead a criminal statute of limitations defense in the trial court is different from the Court’s prior ruling that a statute of limitations defense in a civil habeas case can’t be “waived” by a government’s failure to raise it. [read post]
30 Nov 2015, 4:04 pm
Additionally, section 1033 could in some circumstances interfere with the ability to transfer a detainee who has been granted a writ of habeas corpus. [read post]
23 Nov 2015, 12:34 pm
The case has gone through many appeals, first through the state system and then in federal court, where the defendant brought a habeas corpus action. [read post]
23 Nov 2015, 7:16 am
The California Attorney General also relies on a remarkably Byzantine post-conviction process, using every possible procedural loophole to avoid litigating the cases on their merits that results in years and years of delay.For example every claim raised in post-conviction must be "exhausted' in state court before it can be presented in a habeas corpus petition in federal court. [read post]
22 Nov 2015, 1:30 pm
Or a PREA case? [read post]
19 Nov 2015, 2:35 pm
Here in Kentucky when the local prosecutor is asked by a reporter to comment on some issue raised in a case being litigated in federal court under the federal habeas corpus statute years after the trial, that prosecutor may be mostly unaware of the arguments being made because the Kentucky Attorney General's Office has been representing the State in that court. [read post]
19 Nov 2015, 8:20 am
Source: http://blog.mlive.com/ It works like this: Once the government “suspends” Habeas Corpus, anyone arrested is kept in jail until a government official decides to either file a case, file a charge, or allow the detainee any access to an impartial hearing in court. [read post]
17 Nov 2015, 3:47 am
” At PrawfsBlawg, Steve Vladeck urges the Court to review a case that “raises a far more important retroactivity question, one that is already the subject of a 5-3 (and growing) circuit split, one that has an ever-shortening clock, and, most significantly, one that may only be definitively answerable if the Court does something it hasn’t done in 90 years–issue an ‘original’ writ of habeas corpus. [read post]
15 Nov 2015, 2:21 pm
Jones’s counsel—the Habeas Corpus Resource Center, which continues to represent him in this federal habeas proceeding—filed his state habeas petition.Six and a half years later, and over five years after the petition was fully briefed, on March 11, 2009 the California Supreme Court denied Mr. [read post]
12 Nov 2015, 12:31 pm
The majority didn't buy it.As a result of today's decision, the claim in this case is barred from federal habeas corpus unless and until the Supreme Court makes it in a case coming up from the state courts. [read post]
11 Nov 2015, 8:51 am
“The trial court conducted a habeas hearing, and the parties agree that the information regarding the disciplinary action against the arresting officer should have been, but was not disclosed to the defense in this case. [read post]
9 Nov 2015, 8:39 am
We agree with the petitioner and, accordingly, reverse in part the judgment of the Appellate Court and remand the case for a new sentencing hearing. [read post]
9 Nov 2015, 8:17 am
In immunity cases, as in habeas corpus cases, lower federal courts regularly try to avoid the rule by defining the "clearly established" law at an excessive level of generality. [read post]
8 Nov 2015, 4:00 am
This week’s summaries concern: Criminal Law – Aliens – Civil Rights – Habeas Corpus – Statutes – Insurance R. v. [read post]
6 Nov 2015, 8:16 am
Finally, I received the following note from the estimable Cori Crider--one of Aamer's attorneys--in response to my earlier post on the case, in which I posed the question of why Aamer had never challenged the factual basis for his detention in habeas. [read post]
