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14 Dec 2007, 9:17 am
John Massameno, a senior assistant state's attorney, objected to the case as 'the most egregious abuse of the writ of habeas corpus that we have witnessed and that the courts have accumulated a record of.' It took place on the same day that the New Jersey Assembly approved legislation to abolish its death penalty. [read post]
9 Oct 2007, 12:33 pm
“Illegal wiretapping, no habeas corpus, etc. [read post]
3 Oct 2011, 1:00 pm
We'll post updates here as we have them.Download the papers filed today in Morton's case below:Agreed Proposed Findings of Fact & Conclusions of LawMemorandum of Law in Support of Application for a Writ of Habeas CorpusApplication for a Writ of Habeas Corpus Seeking Relief from Final Felony Conviction [read post]
9 Jan 2009, 7:30 am
Bush, which declared unconstitutional the Detainee Treatment Act's provision eliminating habeas corpus jurisdiction. [read post]
7 Jan 2012, 7:20 am
The petitioner now seeks extraordinary relief from this court in the form of a writ of habeas corpus[.] [read post]
24 Aug 2017, 11:02 am
It divided 5-2 on the interpretation of the five-year limit and on the provision that allows superior court decisions in habeas corpus cases to be appealed to the intermediate courts of appeal rather than the state supreme court.The case is Briggs v. [read post]
17 Jun 2010, 8:16 am
I intend at some point to write about several cases that I dealt with as a deputy district attorney when I was handling appeals and habeas corpus petitions. [read post]
30 Jul 2010, 5:01 pm
This is a post-Holland case regarding equitable tolling. [read post]
2 Nov 2010, 5:46 pm
Criminal law -- Habeas corpus -- Murder -- Death penalty -- Counsel -- Ineffectiveness -- Sentencing phase of capital trial -- Failure to investigate and present mitigating evidence concerning petitioner's mental health at time of crime -- State court's determination that petitioner's trial counsel was not constitutionally ineffective in preparing for sentencing phase of trial was neither contrary to nor an unreasonable application of clearly established federal law… [read post]
19 Jan 2012, 10:46 am
Tate's case is highly unusual in that he has not challenged his conviction and sentence through a petition of habeas corpus in either state or federal court. [read post]
6 May 2021, 9:09 pm
The trial court did not err in summarily denying the defendant’s petition for habeas corpus in which the petitioner alleged that his continued imprisonment during the COVID-19 pandemic was cruel and unusual punishment State v. [read post]
25 Jun 2008, 6:26 pm
Bush, No. 06-1195, 06-1196 In habeas proceedings brought by aliens detained at Guantanamo after being captured in Afghanistan or elsewhere abroad and designated enemy combatants by tribunals, the Court rules that petitioners have the constitutional privilege of habeas corpus. [read post]
30 Jun 2019, 8:51 am
A second Application for Writ of Habeas Corpus was then filed, requesting reasonable release conditions. [read post]
3 Sep 2012, 4:19 pm
On November 6, the California electorate will vote on Proposition 34, an initiative that would eliminate the state’s death penalty, convert all existing death sentences to life without parole, and give the Supreme Court the discretion to transfer all pending death penalty appeals and habeas corpus petitions to the Court of Appeal or superior court. [read post]
29 Sep 2010, 8:39 am
Circuit Court “have effectively gutted this Court’s holding in Boumediene that habeas corpus is a fundamental right to which detainees in Guantanamo are entitled. [read post]
13 Feb 2009, 7:35 am
(DB) The Court granted the petition for a writ of habeas corpus and set aside the trial court’s order of contempt. [read post]
15 Feb 2011, 5:17 am
., but which merit Grits readers attention:No compensation for Anthony GravesThe Comptroller refused compensation to Anthony Graves, who was exonerated 16 years after a capital murder conviction, because his case was overturned on direct appeal instead of through a habeas corpus writ based on actual innocence claims. [read post]
30 Mar 2011, 8:13 am
§ 2246 limit the admissibility of hearsay in a habeas corpus case challenging indefinite imprisonment, potentially for life; (2) whether a preponderance of the evidence standard, rather than a clear and convincing evidence standard, is sufficient under the Due Process Clause of the Constitution and 28 U.S.C. [read post]
7 Apr 2007, 1:50 am
Senate Bill 1655 by Sens.Rodney Ellis, D-Houston, and Robert Duncan, R-Lubbock, is a good effort torepair a broken system.Their bill would create a committee to set standards for attorneys filingwrits for condemned inmates and establish the Office of Capital Writs torepresent indigent defendants applying for writs of habeas corpus. [read post]
29 May 2018, 10:19 am
This hearing would have been a great opportunity to receive input on the question.In a dissent to that case, joined by three other justices on SCOTUS, Justice Breyer pointed out the same problem with Texas IAC law in that case as Judge Alcala has been raising: State habeas corpus writs are the "first designated proceeding for a prisoner to raise a claim of ineffective assistance at trial," and there's no right to counsel at that phase.Given all this… [read post]
