Search for: "In re Habeas Corpus of Factor"
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11 Mar 2011, 1:16 pm
This will include a consideratin of those individuals whose detention is no longer deemed warranted pursuant to the new periodic review process as well as those individuals whose petition for a writ of habeas corpus has been granted. 6. [read post]
3 Jun 2007, 5:58 am
Andre Sinkfield appeals the district court's denial of his petition for a writ of habeas corpus pursuant to 28 U.S.C. [read post]
5 Oct 2010, 6:34 am
§ 2254(d) and this Court’s precedent permit federal habeas corpus relief on a claim that a state judge unconstitutionally “coerces” jurors to return a guilty verdict by identifying specific evidence in the case as important and instructing them to consider it? [read post]
18 Feb 2011, 1:38 am
§ 2246 limit the admissibility of hearsay in a habeas corpus case challenging indefinite imprisonment, potentially for life; (2) whether a preponderance of the evidence standard, rather than a clear and convincing evidence standard, is sufficient under the Due Process Clause of the Constitution and 28 U.S.C. [read post]
28 Dec 2021, 9:05 pm
Habeas corpus allows federal inmates to petition to vacate their convictions and penalties for violations of Constitutional rights. [read post]
4 Aug 2008, 7:06 pm
Section 2255(a) habeas corpus petition; 2) a 2255 petition is unauthorized by the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA); and 3)according to US v. [read post]
3 Mar 2008, 12:13 pm
Sabol, No. 06-2692 Grant of petitions for habeas corpus is reversed where the Bureau of Prisons rule denying placement in a community corrections center to all prisoners during the first ninety percent of their sentences was a reasonable exercise of the BOP's discretion in carrying out its duties under 18 U.S.C. section 3621(b). [read post]
21 Jul 2008, 9:14 pm
Haviland, No. 07-3380 Grant of a conditional writ of habeas corpus is affirmed where: 1) petitioner sought to represent himself at trial, and the trial court's failure to rule on his requests to proceed pro se deprived him of his Sixth Amendment right to self-representation; and 2) state courts' objectiv [read post]
24 Oct 2010, 9:05 pm
LEXIS 93 (Ky 10/21/2010) (unpublished)* Attempts to use habeas corpus to challenge detention denied as under state precedent habeas corpus is reserved for this cases where a conviction is void ab initio. [read post]
6 Feb 2018, 7:16 am
Georgia Criminal Law News December 2017 PRE &POST CONVICTION LAW PUBLICATION JURY NOTE
Dowda v. [read post]
30 Jan 2011, 11:45 pm
The court observed that a federal court may issue a writ of habeas corpus to a state prisoner “only on the ground that he is in custody in violation of the Constitution or laws or treaties of the United States,” which was not the case here. [read post]
23 Dec 2008, 2:57 pm
Any defect in the plea colloquy had no bearing on his ultimate sentence, and the trial court properly considered mitigating factors. [read post]
28 Aug 2008, 2:15 pm
Mitchell, No. 02-3505 Denial of a petition for habeas relief in a death penalty case is reversed where: 1) a state court applied the Strickland standard in an objectively unreasonable manner for purposes of claims that petitioner's counsel were ineffective in preparing for the sentencing phase of his trial; 2) the state court unreasonably determined that the alleged errors of trial counsel did not prejudice petitioner's case; and 3) a state court erroneously evaluated a Brady… [read post]
3 Dec 2010, 8:04 am
Texas routinely fails to provide competent counsel and adequate defense funding in state habeas corpus proceedings. [read post]
8 Apr 2008, 9:47 am
Bartee, No. 07-1526 Denial of habeas corpus relief from a conviction for, inter alia, armed assault with intent to kill is affirmed where, regardless of whether petitioner defaulted on claims due to Massachusetts contemporaneous objection rule or whether the state ruling was contrary to or constituted an unreasonable application of federal law, he was unable to show the indispensable habeas requirement of "prejudice" under Brecht v. [read post]
11 Feb 2008, 8:08 am
Constitution because it restricts the capacity of federal judges to reach independent decisions and limits the sources of law on which they may rely; and 3) the Antiterrorism and Effective Death Penalty Act so narrows the availability of habeas relief for state prisoners as to effectively suspend habeas in violation of the Suspension Clause. [read post]
26 Jan 2010, 4:26 am
I read somewhere that, since the passage of the Anti-Terrorism and Effective Death Penalty Act in 1996, the rate of success in Federal habeas corpus cases is less than 1%. [read post]
27 Apr 2009, 9:35 am
After his initial efforts to seek state post-conviction relief were unsuccessful, Bies filed a petition for habeas corpus in federal court, arguing that because he was mentally retarded, the Eighth Amendment prohibited his execution. [read post]
23 Mar 2009, 1:26 pm
Groves , No. 07-2227 Conviction and sentence for firearms possession is affirmed where: 1) officers had ample reasonable suspicion beyond the anonymous tip to justify the investigative stop; and 2) defendant's above-guidelines sentence was not unreasonable based on the factors supporting the sentence and the absence of any in mitigation. . [read post]
8 Mar 2011, 9:43 am
Hernandez-Guerrero’s re-entry date. [read post]
