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14 Sep 2010, 1:40 pm
" Opinions: "In the 2009–2010 court year, the Supreme Court filed opinions in a total of 105 cases, of which 42 involved civil cases, 37 involved noncapital criminal cases, 23 resolved automatic appeals arising from judgments of death, and an additional three involved habeas corpus petitions relating to death penalty judgments. [read post]
3 Apr 2011, 9:00 pm
So long as the death penalty exists, full funding must be provided for indigent defense and expenses for such cases, and full teeth must be provided for defining ineffective assistance of counsel and for seeking and obtaining habeas corpus relief at the state and federal levels. [read post]
27 Apr 2012, 9:09 am
"This case concerns the authority of a federal court to raise, on its own motion, a statute of limitations defense to a habeas corpus petition... [read post]
13 Oct 2010, 8:25 am
§ 1983, or whether such a claim may be asserted only in a petition for writ of habeas corpus. [read post]
18 Apr 2007, 1:59 pm
If Sherman had the information and did not use it, then Skakel loses the new trial petition, but is sitting pretty for a habeas corpus claim contending Sherman was ineffective. [read post]
24 May 2007, 7:38 pm
Technorati Tags: habeas corpus, aedpa [read post]
15 Mar 2019, 2:00 pm
There were two additional contempt orders, a writ of habeas corpus and a warrant. [read post]
4 Apr 2012, 6:23 pm
They sought a writ of habeas corpus ad prosequendum, a common-law writ under the All Writs Act. [read post]
21 Feb 2017, 3:00 am
Bush in 2008 extending the constitutional right of habeas corpus to the foreign nationals that the U.S. was then holding (and scores of whom it still holds) at the military prison at Guantanamo Bay. [read post]
13 May 2014, 3:15 pm
The court notes that its action is "[b]ecause of the unique circumstances of this case," so it is not an indication for other cases.In its 1996 reform of habeas corpus law, Congress placed severe restrictions on the ability of inmates to file a second federal habeas petition after one has been rejected. [read post]
17 May 2012, 4:39 am
What makes this decision particularly interesting is the procedural posture of the case, the appeal of a denial of a writ of habeas corpus, as the Sixth often splits along ideological lines in habeas cases. [read post]
15 Oct 2014, 11:36 am
A better answer to the problem the state poses in this case is to simply to say that this rule does not apply in habeas corpus. [read post]
30 May 2007, 9:53 am
McKeever objected, arguing for a rescission of the plea agreement because he did not enter into it ‘intelligently' and ‘voluntarily.' However, the District Judge subsequently issued an Order adopting the Magistrate's Report, granting the writ of habeas corpus and staying its execution for 180 days to permit the Commonwealth to fashion an appropriate remedy. [read post]
19 Nov 2008, 5:24 pm
On the federal side, her attorneys have asked for a writ of habeas corpus to fight her death penalty conviction. [read post]
2 Nov 2014, 1:30 pm
In drafting applications for leave to appeal, counsel needs to be careful to also raise these federal constitutional issues in the leave application, since failure to do so will preclude a client’s right to federal habeas corpus review of these meritorious issues. [read post]
14 May 2020, 12:09 pm
Previous summaries of Fourth Circuit criminal cases can be found here. [read post]
30 Nov 2009, 7:58 am
In this federal postconviction proceeding, the District Court held that Porter’s lawyer’s failure to adduce that evidence violated his Sixth Amendment right to counsel and granted his application for a writ of habeas corpus. [read post]
19 Jun 2008, 8:29 pm
The detainees’ lawyers said that “immediate issuance [of the judgment] is particularly appropriate given the Court’s recognition of [detainees’] right to a prompt hearing on the merits of their habeas corpus cases. [read post]
11 Feb 2011, 4:49 pm
The referee presiding over his habeas corpus hearing agreed. [read post]
2 Mar 2023, 5:33 am
Federal habeas corpus courts give substantial deference to state court findings of fact. [read post]
