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21 Aug 2009, 12:50 am
In my column, I'll analyze this hypothesis, but here I want to note the oddity of even characterizing what the district court will be doing as considering a case falling within the Supreme Court's original habeas jurisdiction.To see the problem and Justice Stevens's potential circumvention of it, we need to understand where the Court normally gets the authority to issue writs of habeas corpus in the first place. [read post]
15 Nov 2013, 8:40 am by Gritsforbreakfast
While Lincoln unilaterally suspended habeas corpus, famously defying the US Supreme Court over the matter, Williams pointed out that his counterpart, Jefferson Davis, thrice signed suspensions of habeas corpus passed by the Confederate Congress, and also requested authority to suspend it in other instances when he was denied. [read post]
12 Jun 2008, 7:41 pm
  Put differently, why does the writ of habeas corpus scare the conservative Justices so much? [read post]
22 Oct 2008, 9:18 am
The Court did, however, deny and dismiss a number of applications for writs of habeas corpus. [read post]
16 Sep 2011, 8:28 am by Benjamin Wittes
The District Court docket entry from earlier this month reads: “The Court filed classified versions of its Memorandum Opinion and accompanying Order granting respondents’ Renewed Motion on Remand for Judgment and denying petitioner’s petition for a writ of habeas corpus. [read post]
3 Apr 2018, 4:11 pm by Kent Scheidegger
  With the regulations on the books, the litigation to block them resolved, and a new administration in office, this major yet nearly forgotten reform may finally see the light of day.States are required to provide counsel for indigent defendants at trial and on direct appeal but not in state collateral review (habeas corpus or a substitute). [read post]
25 Feb 2013, 10:15 am by The Charge
Howell will be denied habeas corpus, what was once referred to as “the great writ”. [read post]
26 Sep 2018, 2:32 pm by Kent Scheidegger
It is also possible, though, to file an original habeas corpus petition in the Supreme Court. [read post]
14 May 2013, 10:00 am by Dan Ernst
  The public debate held via pamphlet literature as a result of Lincoln’s suspension of habeas corpus and the subsequent Merryman case is often cited in analysis of the modern balance of executive powers in wartime as pertaining to civil rights. [read post]
13 Mar 2008, 6:57 pm
Failure to exhaust state court remedies before seeking habeas corpus relief in federal court and executing the mentally retarded: Yesterday, the U.S. [read post]
1 Sep 2010, 1:17 am by Lawrence Solum
Here is the abstract: There is relatively little in the Constitution's drafting history or ratification debates to illuminate the intended meaning of the Suspension Clause, and what it specifically protects by preserving "the Privilege of the writ of Habeas Corpus" except in cases where habeas is properly suspended. [read post]
22 Jul 2015, 1:55 pm by Kent Scheidegger
Smith's case is indeed a very good example -- of why federal habeas corpus is not necessary to correct actual miscarriages of justice. [read post]
10 May 2018, 9:27 am by Matthew Kahn
District Court for the District of Columbia denied Khalid Ahmed Qassim’s petition for a writ of habeas corpus. [read post]
22 Mar 2012, 8:07 am by Gritsforbreakfast
The US Supreme Court issued an important habeas corpus decision (pdf) this week that may have implications in prominent Texas cases, and though Grits hasn't had time to read through it and digest the implications, I thought I'd at least round up the relevant links, if only so I can go through them myself soon. [read post]
17 Oct 2011, 3:17 pm by Lee Kovarsky
My thesis is as follows: Habeas Corpus, as a unified body of law, is becoming increasingly difficult to teach. [read post]
17 May 2011, 1:19 pm by Brandon W. Barnett
Last week the Texas Court of Criminal Appeals released several cases in which it granted the ever-elusive habeas corpus relief to a Texas applicant. [read post]
31 Dec 2008, 8:12 am
Court of Appeals for the Sixth Circuit are hopelessly divided in habeas corpus cases, particularly those involving ineffective assistance of counsel... [read post]
14 Nov 2016, 9:59 am
The District Court Judge begins the opinion by explaining that[t]his is a habeas case brought pursuant to 28 U.S. [read post]