Search for: "Habeas Corpus Cases"
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25 Jun 2022, 3:23 am
The opinion states, “When a prisoner seeks relief that would ‘necessarily imply the invalidity of his conviction or sentence,’ he comes within the core [of habeas corpus]. [read post]
2 Aug 2012, 9:32 pm
(3) Is petitioner entitled to habeas corpus relief based on newly discovered DNA evidence? [read post]
22 Aug 2017, 4:00 am
Au. 15, 2017), a D.C. federal district court dismissed as no properly the subject of a habeas corpus action an inmate's complaint that he was forced to consume fluids and provide a urine sample while he was fasting for Ramadan.In Carter v. [read post]
4 Mar 2016, 4:00 am
LEXIS 24095, Jan. 5, 2016) and dismissed as not congnizable in a habeas corpus action an inmate's complaint that members of their non-Judaist, Messianic, Sabbitarian, Zionist belief group have been denied the right to assemble, teach and practice their religion.In Schlemm v. [read post]
2 Dec 2022, 11:29 am
In its Decision, the Virginia Court of Appeals held that it has original jurisdiction to issue writs of mandamus, prohibition, and habeas corpus in cases in which it would have appellate jurisdiction. [read post]
16 Feb 2011, 2:00 am
White, 36 Tenn. (4 Sneed) 111, 114 (1856) (holding that statements made in a return to a writ of habeas corpus were absolutely privileged so as to bar a cause of action for libel). [read post]
12 Jul 2013, 11:38 am
” Case No. 05-1457, Doc. 183 at 2-3. [read post]
6 Jul 2010, 11:51 am
Assistant Federal Public Defender Renée Manes has been campaigning against the injustice of non-unanimous juries in what is probably the least friendly forum for such challenges: federal habeas corpus under the extremely restrictive standards of the Antiterrorism and Effective Death Penalty Act of 1996. [read post]
13 Dec 2006, 4:09 pm
After hearing all contentions they have seen fit to advance and considering every contention we can base on their application and the holdings below, we arrive at the same conclusion the Court reached in each of those cases, viz.: that no right to the writ of habeas corpus appears. . . . [read post]
23 Apr 2014, 5:04 pm
Federal habeas remains a safety net in case the state courts completely fail to do their jobs and are clearly wrong, but in all debatable questions the state court decision stands. [read post]
9 Sep 2008, 6:16 am
What this means is that, while the Circuit gives no deference to the decision of its own magistrate or district court judge, it does show deference to the decision of the jury and the Michigan appeals court.At the end of the day, the 6th Circuit by 2-1 reversed the grant of habeas corpus. [read post]
31 Jan 2007, 1:00 am
He then petitioned the federal district court for a writ of habeas corpus and asked that he be declared admissible to the United States. [read post]
1 Dec 2008, 12:13 pm
Dugger, 520 So. 2d 565(Fla. 1988) (treating all-writs petition based on Hitchcockerror as a petition for writ of habeas corpus). [read post]
7 Oct 2009, 10:05 am
Today, the CCA handed down orders including two published opinions in the following cases:AP-76,034, Ex parte Bobby Wayne Woods: The Court dismissed Woods' subsequent writ of habeas corpus because a rational trier of fact could still find that Woods was not mentally retarded based upon the prior evidence he presented in a previous claim and the new evidence he presented in his subsequent writ. [read post]
4 Dec 2009, 10:19 am
Congress intended Section 2255 to supersede habeas corpus as the means by which federal prisoners could challenge the lawfulness of their incarceration, but nonetheless Aafford federal prisoners a remedy identical in scope to federal habeas corpus. [read post]
28 Apr 2013, 6:47 am
Because of our lack of a public defender system and the tedious, case-by-case mechanisms of the habeas corpus process, Texas' Achilles' heel may be processing all the old claims. [read post]
27 Jul 2017, 10:27 am
Congress or the Supreme Court (under the Rules Enabling Act) should create a special rule for habeas corpus, displacing the rule that was written with regular civil cases in mind. [read post]
26 Jan 2010, 6:34 am
Former Panamanian dictator Manuel Noriega, who is scheduled to be released from federal custody shortly, filed a habeas corpus petition arguing that the the U.S. would violate the Geneva Conventions if it followed through on its plans to send him to France for further trial, rather than allowing him to return to Panama. [read post]
16 Oct 2017, 11:43 am
Of the many who have been released from Guantanamo, almost all left that military prison without winning a habeas corpus claim. [read post]
26 Sep 2011, 9:21 am
A habeas corpus filing, a Latin term for "you may have the body" is commonly filed in appeals and is a legal action in which a person can be released from custody for unlawful detention. [read post]
