Search for: "Habeas Corpus Cases"
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28 Jul 2014, 11:01 am
"Now to federal habeas corpus. [read post]
27 Jul 2014, 7:22 pm
On appeal before the court, the defendant contends that he is entitled to a new trial upon grounds that the Trial Judge committed reversible error (a) in refusing to charge the jury that, if they found defendant legally insane on July 4th, they would have to find him not guilty on the first count; (b) in neglecting to answer a question propounded by the jury with respect to 'part time' insanity; (c) in permitting the cross-examination of the defense psychiatrist on his trial testimony in… [read post]
26 Jul 2014, 2:04 pm
Areas covered by some of the new chapters include Capital felon’s defense team; Habeas corpus, coram nobis and section 1983 proceedings; the Innocence protection act and post-conviction DNA testing; Challenging the death sentence under racial justice acts; Inhabited American territories and capital punishment; and the Costs of capital punishment. [read post]
25 Jul 2014, 7:29 pm
It is a proper subject to be urged only on an appeal which is duly perfected but not in a habeas corpus proceeding. [read post]
22 Jul 2014, 1:22 pm
The Appellate Division reversed the trial court's decision and dismissed the habeas corpus petition. [read post]
22 Jul 2014, 5:06 am
Joyner, Fourth Circuit: The district court improperly denied a petition for habeas corpus. [read post]
21 Jul 2014, 7:47 pm
Nevertheless, the court felt constrained to release him and not to grant the application for recommitment upon the authority of a previous case decision, because respondent was not, at the time of the hearing, suffering from a dangerous mental disorder even though the reason for this improved condition was the fact that he had been hospitalized for some six months, and on a regimen of medication and separation from polysubstance abuse. [read post]
21 Jul 2014, 12:54 pm
Cir. 2011); In re Petitioners Seeking Habeas Corpus Relief in Relation to Prior Detentions at Guantanamo Bay, 700 F. [read post]
16 Jul 2014, 7:54 pm
Defendants reason that the prescribed, deferential and highly context sensitive inquiry into the adequacy and particular effect of counsel's performance cannot occur until a prosecution has concluded in a conviction, and that, once there is a conviction, the appropriate avenues of relief are direct appeals and the various other established means of challenging a conviction, such as CPL article 440 motions and petitions for writs of habeas corpus or coram nobis. [read post]
16 Jul 2014, 6:57 am
I would be fine signing a document listing out everything the state produced during the course of the case - but I have a hard time signing any document in which I acknowledge that I have received everything I'm entitled to when I have no way of knowing if I have or haven't.Kennedy also makes a strong point about how those waivers might play out when future revelations call into question old convictions that could be challenged under post-conviction habeas… [read post]
16 Jul 2014, 6:48 am
Judge Wilson's opinion (joined by Judge Martin) is here, and he frames the issues:Derrick Anthony DeBruce, an inmate on Alabama’s death row, appeals the district court’s denial of his petition for a writ of habeas corpus under 28 U.S.C. [read post]
13 Jul 2014, 3:08 pm
The proceeding pending before the court on which that order was based was a petition for a writ of habeas corpus in connection with the custody of the children. [read post]
11 Jul 2014, 4:18 am
His brief opens: In 2005, Appellant Ahmed Adnan Ajam, a prisoner at the Guantanamo Bay military prison, petitioned for a writ of habeas corpus. [read post]
10 Jul 2014, 4:05 pm
If you don’t believe me, the following is the finding from the Special Master appointed to make findings of fact concern my Writ of Habeas Corpus: 5. [read post]
1 Jul 2014, 11:25 am
Married people, on the other hand, have access to use the Supreme Court for the resolution of custody and parenting time issues in the context of a divorce or separation case so would not necessarily need to use a Writ of Habeas Corpus in the Supreme Court to determine custody and parenting time cases. [read post]
1 Jul 2014, 9:21 am
In the Ninth Circuit, the notorious Judge Stephen Reinhardt engaged in his favorite pastime of evading the habeas corpus reforms enacted by Congress in the Antiterrorism and Effective Death Penalty Act of 1996. [read post]
30 Jun 2014, 5:00 am
Here are the cases (excluding habeas corpus decisions): Abramski v. [read post]
27 Jun 2014, 2:13 pm
I can do this through something called a Writ of Habeas Corpus or a Bond Writ. [read post]
26 Jun 2014, 2:57 pm
That, the court wrote, 'is like saying a ride on horseback is materially indistinguishable from a flight to the moon.'" Much of the debate surrounding the Fourth Amendment in the 21st century hinges on bad analogies, the author argues.Habeas corpus post-GuantanamoThe Stanford Law Review has a nice little summary of the effectuation of federal habeas corpus and due process rights in recent D.C. [read post]
19 Jun 2014, 1:30 pm
Bush: when the judicial power to issue habeas corpus properly is invoked the judicial officer must have adequate authority to make a determination in light of the relevant law and facts and to formulate and issue appropriate orders for relief, including, if necessary, an order directing the prisoner’s release. [read post]
