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11 Feb 2014, 3:39 pm
But the prisoners will get a further chance to try to make their case, because the majority ruled for the first time that the right of detained individuals to seek a writ of habeas corpus to challenge their confinement also extends to claims that the actual conditions behind bars are illegal, and thus make the detention itself illegal. [read post]
11 Feb 2014, 3:30 pm
The Court ultimately quashed the First DCA’s opinion in the case and remanded the case for reinstatement of the circuit court’s order that denied Taylor’s petition for a writ of habeas corpus. [read post]
11 Feb 2014, 7:22 am
The panel’s decision in the closely-watched case of Aamer v. [read post]
9 Feb 2014, 1:04 pm
LEXIS 15272 (SD TX, Feb. 6, 2014), a Texas federal district court dismissed an inmate's free exercise claims because they were not appropriately raised by a habeas corpus action and because the suit is subject to the 3-strike bar for frivolous in forma pauperis litigation. [read post]
9 Feb 2014, 1:09 am
” Justice Stanley Forman Reed This decision is notable because, beginning with this case, the Supreme Court expanded access to federal habeas corpus review for state prisoners. [read post]
7 Feb 2014, 9:30 pm
“The programs, held in theaters in both Chicago and Springfield, depicted the retrial of Mary Surratt, the first U.S. woman sentenced to death as an alleged conspirator in the assassination of Lincoln; the insanity retrial of Mary Todd Lincoln; and the habeas corpus hearings of Joseph Smith, founder of the Church of the Latter Day Saints. [read post]
7 Feb 2014, 10:14 am
In most cases, the defendant will not appear at court. [read post]
7 Feb 2014, 6:49 am
Although textualists are correct in suggesting that interpreters characteristically regard clear text as controlling, a variety of examples--including the first word of the First Amendment, state sovereign immunity, and President Lincoln's suspension of habeas corpus--illustrate that the perceived clarity of the text is partly constructed by the very practice that it constrains. [read post]
4 Feb 2014, 9:01 pm
The defendant subsequently brought a successful petition for habeas corpus in the federal district court for the Eastern District of Wisconsin. [read post]
4 Feb 2014, 1:48 pm
Here's the list of Texas exonerations from the registry, only a few of which received statewide attention.Of course, the 13 Texas exonerations listed for last year don't include cases like the San Antonio Four or Fran and Dan Keller, all of whom were released on habeas corpus writs because the junk science underlying their conviction was disproven, but weren't declared "actually innocent" by the courts. [read post]
28 Jan 2014, 4:00 pm
For example, in Chapter 11.3, the authors devote over ten pages to the Court’s “rarely exercised” and “often misunderstood” practice of issuing original writs of habeas corpus. [read post]
23 Jan 2014, 9:28 am
But it is just fine, he concludes, when a court is considering other questions, such as the nonconstitutionally mandated rules of habeas corpus. [read post]
17 Jan 2014, 2:43 pm
Here, [Boyer’s] conviction has not been reversed on appeal, expunged by executive order, declared invalid by a state tribunal or called into question by a federal court's issuance of a writ of habeas corpus. [read post]
17 Jan 2014, 8:52 am
The other day Grits linked to and offered initial thoughts on the unanimous Texas Court of Criminal Appeals decision in Ex Parte Coty, in which the court reversed course regarding how to handle habeas corpus writs related to drug convictions based on lab analyses from fired and discredited DPS crime lab worker Jonathan Salvador. [read post]
17 Jan 2014, 7:46 am
Just in case you want to read something not about reforms to NSA surveillance: here’s the opinion from the D.C. [read post]
15 Jan 2014, 4:53 am
Jaskol, is ready to tag in: let’s talk about that phrase in our opinion, the “uncontested fact” of the presence of blood in the car that was a factor in our decision to deny a writ of habeas corpus. [read post]
14 Jan 2014, 6:50 am
So there's a decent chance this undertaking may result in viable innocence claims and future exonerations, though right now the process remains in the early stages.Between changes to the habeas corpus statute, the new focus on hair-and-fiber analysis and the ongoing arson review, Texas has lept to the forefront nationally among states confronting junk science that may have resulted in wrongful convictions. [read post]
13 Jan 2014, 7:18 pm
Cannedy 13-478Issue: Whether a federal court conducting habeas corpus review may reject a state supreme court's summary merits adjudication of a claim as objectively unreasonable under 28 U.S.C. [read post]
12 Jan 2014, 8:20 am
Or else Matthews should just file a habeas corpus writ claiming actual innocence and make them confront the question. [read post]
10 Jan 2014, 7:07 am
On October 29, 2013, the magistrate issued a report recommending the petitionbe granted, a warrant in lieu of habeas corpus be issued, and respondent's motionto dismiss be denied. [read post]
