Search for: "Habeas Corpus Cases"
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28 Jan 2015, 11:08 am
It seems unlikely is that Mr Penguin or Mrs Koala will be an author in the United Kingdom anytime in the near future - and I am still of the opinion that there is no copyright in works authored by animals and that "they are a gift to humanity which we can all use" although the efforts of the campaign group Nonhuman Rights Group, whilst unsuccessful in New York and Austria, were more successful in persuading a court in Argentina to allow a claim for habeas… [read post]
26 Jan 2015, 8:41 am
Commissioner of Correction (Habeas; "The petitioner . . . appeals from the judgment of the habeas court denying his amended petition for a writ of habeas corpus. [read post]
20 Jan 2015, 7:04 pm
Habeas Corpus: Rethinking the Great Writ of Liberty (New York University Press, 2001). [read post]
20 Jan 2015, 1:46 pm
Chapters Four, Five and Six address federal habeas corpus, first noting the restrictions on grounds for relief, then detailing the procedural requirements, and finally, illustrating how habeas works in practice through five opinions capturing some of the most significant principles at work in this area. [read post]
20 Jan 2015, 12:45 pm
In habeas corpus cases, however, the filing period can be tolled for equitable reasons. [read post]
16 Jan 2015, 3:57 pm
Jennings, whether prevailing on a single theory or all three, sought the same, indivisible relief: a new sentencing hearing.Read More: Supreme Court rules on appellate procedure for habeas corpus petitionsDavis v. [read post]
15 Jan 2015, 6:30 am
For the virtual conference we are interested in either faculty or graduate students who are doing work on any aspect of law and procedure (habeas corpus, petitions for freedom, hearsay, . . .), legal actors (judges, attorneys, jurors, . . . ), the business of the court, a leading case, or other topics in legal history. [read post]
14 Jan 2015, 7:16 am
It will present a practical problem for the courts of appeals in cases where petitioners file hundreds of claims, most of them frivolous, as is increasingly common in capital cases.This is a loss, but not a big one in overall scheme of things.The real goal of CJLF's brief in this case was to get the Supreme Court to finally define what is a "claim" for the purpose of habeas corpus. [read post]
7 Jan 2015, 10:53 am
Kennedy.In 1996, Congress clamped a one-year statute of limitations on petitions for writs of habeas corpus when used as collateral attacks on criminal judgments. [read post]
30 Dec 2014, 12:18 pm
Such is the gist of Judge Richard Roberts’ order, issued yesterday in the context of the high-value Guantanamo detainee’s habeas case in D.C. district court. [read post]
29 Dec 2014, 11:23 am
I respectfully dissent from Part III of the majority's opinion.Allowing collateral attack on a state criminal judgment via federal habeas corpus is a drastic step. [read post]
29 Dec 2014, 4:15 am
Bush “led to five detainees being spirited away from Guantánamo,” and that “just a dozen or so” were actually released from the prison there “due to the successful exercise of their right to habeas corpus. [read post]
28 Dec 2014, 11:42 am
In fact, habeas corpus relief has never been provided to any nonhuman entity. [read post]
27 Dec 2014, 2:19 am
Supreme Court took up a related case in April. [read post]
26 Dec 2014, 10:45 am
The objective of that lawsuit was to grant Tommy (a chimpanzee) bodily freedom through a common law writ of habeas corpus. [read post]
24 Dec 2014, 2:15 pm
So said a court in Argentina that granted a writ of habeas corpus last month on behalf of Sandra, a 29-year-old orangutan. [read post]
21 Dec 2014, 8:27 am
The press and advocates focused on the death penalty and even police shootings are missing the big picture about deaths of Texans at the hands of the state.Regular readers know this blog seldom considers death-penalty topics unless a case intersects with other issues I routinely cover like innocence, forensic errors or prosecutor misconduct. [read post]
19 Dec 2014, 11:41 am
Even when the procedure takes the form of a new lawsuit, such as a petition for writ of mandamus or habeas corpus, as long as the issue in substance is the review of a decision of a lower court, it still comes under the heading of appellate jurisdiction. [read post]
18 Dec 2014, 8:04 am
With a few, notable exceptions (the Tulia cases, DNA exonerees, death-sentence commutations to comply with US Supreme Court orders) Rick Perry either ignored clemency or treated it as a political prop. [read post]
18 Dec 2014, 6:23 am
By comparison, today judges' role in habeas review is largely technocratic save for a small minority of cases at the CCA level. [read post]
