Search for: "Habeas Corpus Cases"
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8 Dec 2014, 1:55 am
A New York appellate court has ruled that a chimpanzee is not a "person" entitled to state habeas corpus protections. [read post]
13 Nov 2019, 7:34 am
The post Rodney Reed Files New Writ of Habeas Corpus Including Four New Witness Statements appeared first on Innocence Project. [read post]
9 Dec 2012, 6:59 pm
Furthermore, I fear that the holding in this case unnecessarily expands the parameters of habeas corpus and encourages criminal defendants to abuse this extraordinary remedy." [read post]
21 May 2010, 9:01 am
Eisentrager, distinguished but not overruled in Boumediene, has held that habeas corpus for enemy detainees does not extend to Afghanistan. [read post]
15 Nov 2011, 10:45 am
What is “habeas corpus? [read post]
12 Jun 2008, 4:08 pm
We hold these petitioners do have the habeas corpus privilege. [read post]
1 Jun 2012, 5:26 pm
The district judge in Hannah Overton's case recommended against her habeas corpus petition, declaring the faulty scientific evidence in her case was contradicted at trial and wasn't new information that should change the verdict. [read post]
20 Jan 2011, 6:30 am
In a rare decision that grants a prisoner's habeas corpus motion on the ground that the state court conviction violated the U.S. [read post]
28 Mar 2012, 8:59 am
Together they are writing a habeas corpus casebook, forthcoming next year from Foundation Press. [read post]
28 Nov 2014, 3:13 pm
Instead, the most interesting part of Price's dissent to me was his discussion of innocence cases, DNA exonerations and the lack of funding for attorneys to file habeas corpus writs for indigent defendants. [read post]
12 Nov 2008, 4:46 pm
At the start of his lengthy dissent, Judge Merritt minces no words about his view of the outcome: The majority in this case is reading the AEDPA statute unlawfully to suspend the writ of habeas corpus in violation of the Suspension Clause of the United States Constitution, Article I, § 9 ("The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public… [read post]
16 Jun 2008, 11:47 am
Accordingly, the Constitution provides that "The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it. [read post]
20 Oct 2009, 8:51 am
Issue: May a federal district court exercising its habeas corpus jurisdiction order the release into the United States of 17 Chinese citizens detained as enemy combatants at Guantanamo Bay Naval Base, Cuba, or is it... [read post]
3 Dec 2017, 9:02 pm
This would amount to constructive suspension of the writ of habeas corpus. [read post]
30 May 2008, 6:53 am
There's an article on SSRN by Professors Nancy King and Susan Sherry at Vanderilt about how habeas has been derailed from challenges to state court judgments to challenges of administrative prison decisions: Habeas Corpus and State Sentencing Reform: A Story of Unintended Consequences. [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]
2 Apr 2009, 4:38 pm
Bates (D.D.C.) ruled today that the privilege of habeas corpus extends to Bagram Airfield in Afghanistan. [read post]
25 Dec 2011, 11:53 am
My brilliant colleague Lee Kovarsky is an expert on the theory and practice of habeas corpus. [read post]
26 Apr 2022, 6:17 am
This guy won his habeas petition in the Sixth Circuit, but the Supreme Court has reversed and the defendant remains in jail.The case is Brown v. [read post]
10 Dec 2010, 5:03 am
The problem with this is that under the Antiterrorism and Effective Death Penalty Act which rewrote the habeas corpus rules a defendant is only entitled to one writ of habeas corpus. [read post]