Search for: "Habeas Corpus Cases"
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23 Mar 2015, 8:06 am
The federal court granted Smith's motion for habeas corpus on the ground that Smith's lawyer was ineffective in failing to move to preclude the informant's testimony. [read post]
20 Mar 2015, 1:32 pm
Clarke, the Fourth Circuit in an opinion by Judge Gregory, joined by Judges Motz and Wynn, reversed the denial of the petitioner's claim for a writ of habeas corpus, concluding that that he was denied effective assistance of counsel by his lawyer's failure to request a "heat of passion" jury instruction in his murder case, which was tried in the Circuit Court for the City of Richmond in 2008. [read post]
19 Mar 2015, 7:27 am
Other rights in the Constitution, such as habeas corpus, interested him much more. [read post]
17 Mar 2015, 3:07 pm
A study in 2007 found that only 12.4% of the federal habeas corpus petitions ended in a grant of relief, compared with the 40% found in a study done earlier under the prior law.So what is the overall reversal rate in more recent cases? [read post]
13 Mar 2015, 7:46 am
The Court of Appeals has granted a Habeas Corpus petition filed by a man who was found guilty in 1993 for killing his former girlfriend, ruling that his attorney did not effectively represent him at trial.The case is Rivas v. [read post]
5 Mar 2015, 10:50 am
Holder, No. 14-185 is an immigration case, but it deals with issues of equitable tolling and ineffective assistance that often come up in habeas corpus cases. [read post]
4 Mar 2015, 10:19 am
Chicago & Northwestern Railroad Co. (1870) and In re Tarble (1870), Paine persuaded his colleagues to contest federal removal statutes and assert the power to issue habeas corpus writs against federal officials. [read post]
3 Mar 2015, 2:15 pm
Few areas of the Supreme Court’s jurisprudence are as dense and complex as the rules governing post-conviction habeas corpus petitions filed by state prisoners in federal court. [read post]
1 Mar 2015, 6:04 pm
The allegations of sexual abuse by the father were first enunciated by the mother in response to the father's petition for a writ of habeas corpus. [read post]
28 Feb 2015, 4:49 pm
This Court denied relief on Applicant's initial post-conviction application for writ of habeas corpus. [read post]
25 Feb 2015, 2:06 pm
Supreme Court a habeas corpus petition on behalf of the labor leader Eugene Debs–after Debs had been sent to prison for violating a federal court injunction by leading a national railroad strike. [read post]
21 Feb 2015, 12:01 am
Court of Appeals for the Fourth Circuit had held that Hamdi was entitled to bring a habeas corpus action, but that, because he was captured on the battlefield, the federal courts should give complete deference to the government’s decision to hold him incommunicado in military custody. [read post]
17 Feb 2015, 12:25 pm
We were hoping the Court would say something about the role of habeas corpus and the Charter and Constitution, but it was not to be. [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]
11 Feb 2015, 1:00 am
Petitioner has filed a petition for writ of habeas corpus. [read post]
8 Feb 2015, 7:00 pm
And for those who do not usually focus upon military courts or Guantanamo-related matters, it is also important to recall that each of the 122 individuals who continues to be securely detained here—whether or not facing trial for specific alleged crimes—may challenge his detention and conditions of confinement through a petition for habeas corpus in federal court. [read post]
5 Feb 2015, 12:30 pm
(Contrary to popular belief, the D.C. courts only exercise de facto exclusive jurisdiction over the Guantánamo habeas cases–not de jure.) [read post]
5 Feb 2015, 6:46 am
Supreme Court has already recognized the detainees’ right to challenge their detention in court (habeas corpus), but has indicated no appetite for reviewing lower court decisions that have eviscerated that right by refusing to require the government to provide convincing evidence or to enable detainees to see and effectively challenge the government’s evidence. [read post]
[Eugene Volokh] Good way to start a court’s history: ‘Iowa Supreme Court’s first case freed a slave’
2 Feb 2015, 12:36 pm
There’s a nice story in the Waterloo Cedar Falls Courier by Dennis Magee, titled “Iowa Supreme Court’s first case freed a slave,” about In the Matter of Ralph, (a colored man), on habeas corpus (Iowa Terr. 1839), apparently handed down July 4, 1839. [read post]
2 Feb 2015, 6:40 am
*For example, the Michael Morton Act, access to post-conviction DNA testing, creation of the Forensic Science Commission, requiring corroboration for jailhouse informants, making police departments develop written eyewitness ID policies, altering habeas corpus to provide relief in junk science cases, approving best-in-the-nation compensation for exonerees, etc.. [read post]
