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31 Oct 2013, 11:01 am
But I think defendants are going to have to do something to get relief—file a motion for new trial, or file a writ of habeas corpus. [read post]
30 Oct 2013, 12:32 pm
Paging Mark Bennett: You were right; the prosecutors were wrong.In a surprising opinion - both for its unanimous outcome and the unlikely reference to Miley Cyrus "twerking" in a Texas judicial opinion - the Court of Criminal Appeals today declared Texas Penal Code §33.021(b)(1), criminalizing online solicitation of a minor, "facially unconstitutional" in a habeas corpus writ styled Ex Parte John Christopher Lo. [read post]
28 Oct 2013, 10:41 am
To the full extent permitted by law, you hereby waive all rights you can possibly waive, including, without limitation, the right to a trial by jury, the right to habeas corpus, the right to remain silent, and the right to life, liberty and the pursuit of happiness. [read post]
24 Oct 2013, 9:01 pm
Slick concludes that jurors “are unconsidered casualties in death penalty cases. [read post]
24 Oct 2013, 8:48 am
Yesterday morning, Grits attended oral arguments at the Texas Court of Criminal Appeals regarding the pivotal habeas corpus writ for Leroy Coty, one of thousands of defendants, including several hundred out of Harris County, whose cases were tainted by having drug evidence evaluated by fired and disgraced DPS-Houston crime lab analyst Jonathan Salvador. [read post]
24 Oct 2013, 12:00 am
Those skeptical about the efficacy of habeas corpus petitions in the State of Connecticut will be watching the Michael Skakel case carefully. [read post]
22 Oct 2013, 3:55 pm
The fate of the case, Al Janko v. [read post]
21 Oct 2013, 7:10 pm
(The government says that Boumediene’s holding applies only to the privilege of habeas corpus.) [read post]
21 Oct 2013, 5:07 pm
However, IPOT is pursuing habeas corpus relief for Ms. [read post]
21 Oct 2013, 11:52 am
In May 2007, petitioner filed a petition for a writ of habeas corpus claiming that when he was unable — due to financial circumstances — to pick up his daughter at Respondent’s home after a visit with her pursuant to the 2005 Order, Respondent refused to return the Subject Child to New York. [read post]
21 Oct 2013, 6:28 am
Commissioner of Correction (Habeas; "In this case, the petitioner appeals following the denial of certification to appeal from the judgment dismissing his second amended consolidated petition for a writ of habeas corpus (consolidated petition). [read post]
17 Oct 2013, 11:23 am
Overholser, in which the court of appeals ”recognized that the courts will not interfere with discipline or treatment in a place of legal confinement, and so habeas corpus is not an available remedy. [read post]
17 Oct 2013, 12:00 am
This is a habeas corpus petition. [read post]
13 Oct 2013, 2:03 pm
Indeed, none of them saw this petition until the habeas corpus hearing on August 17, 1964. [read post]
13 Oct 2013, 1:00 pm
The issue in this case is whether defendant’s petition for habeas corpus should be granted. [read post]
12 Oct 2013, 12:06 pm
The Suffolk County Supreme Court treated the motion as an application for a writ of habeas corpus and vacated the warrant on the ground that the California felony complaint failed to allege that the defendant had committed acts in New York which would result in the commission of a crime in California. [read post]
11 Oct 2013, 10:38 am
Among the prizes winners will choose from are: Acing Criminal Procedure Black Letter Outlines: Administrative Law Criminal Procedure: Quick Review Federal Criminal Practice: A Second Circuit Handbook Five Chiefs: A Supreme Court Memoir Foundations of Labor and Employment Law Foundations of Tort Law Habeas Corpus in America: The Politics of Individual Rights Leading Constitutional Cases on Criminal Justic Mastering Statutory Interpretation Plain English for Drafting… [read post]
9 Oct 2013, 12:11 pm
Detainees have the constitutional privilege of the writ of habeas corpus to challenge the legality of their detention, and nothing in EO 13567 or its implementing guidelines is intended to affect the jurisdiction of federal courts to determine the legality of their detention. [read post]
8 Oct 2013, 9:01 pm
These are not isolated cases. [read post]
8 Oct 2013, 10:46 am
As I have explained elsewhere, in the most dire emergency this authorization might even come after the President acts, as it has in the case of military emergencies, but an authorization is still required.Wilentz's op-ed therefore raises four different issues, which he does not adequately address.First, although Lincoln temporarily suspended habeas corpus in 1861, Congress subsequently ratified his actions (twice, in 1861 and 1863). [read post]
