Search for: "Habeas Corpus Cases"
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20 Jan 2015, 1:46 pm
Chapters Four, Five and Six address federal habeas corpus, first noting the restrictions on grounds for relief, then detailing the procedural requirements, and finally, illustrating how habeas works in practice through five opinions capturing some of the most significant principles at work in this area. [read post]
10 Nov 2007, 9:52 pm
Before us now are his application to file a second or successivefederal habeas corpus petition pursuant to 28 U.S.C. [read post]
18 Aug 2009, 12:32 pm
Davis reached the Supreme Court by an unusually direct route, filing an original writ of habeas corpus with the court rather than appealing from a lower-court ruling. [read post]
19 Oct 2006, 12:48 pm
For more detailed discussion and argument as to why aliens outside the country might have a constitutional basis for habeas rights, see my co-blogger Stephen Vladeck's paper, "Deconstructing Hirota: Habeas Corpus, Citizenship, and Article III"). [read post]
29 Aug 2010, 5:28 pm
” Id. at *3.Held: “Because the California courts’ application of Miranda and Doyle was unreasonable, we reverse the decision of the district court and direct that a writ of habeas corpus issue. [read post]
18 Oct 2020, 4:32 pm
In this paper then-Professor Barrett considered Congress's power to delegate to the President the authority to suspend the writ of habeas corpus. [read post]
24 Oct 2018, 11:04 am
In an Oct. 10 court filing, as part of litigation arising out of al-Afghani’s 2016 petition for habeas corpus, the government amended the legal basis for Afghani’s detention. [read post]
21 May 2021, 7:59 am
Recently, a Michigan court discussed the standard of review for claims that prosecutorial misconduct warrants relief in a case in which the defendant filed a petition of habeas corpus following his conviction for criminal sexual conduct. [read post]
20 Jun 2008, 1:31 pm
The case involves one component of the statutory limitations period imposed on federal habeas corpus claims by the Antiterrorism and Effective Death Penalty Act (”AEDPA”), 28 U.S.C. 2244(d)(1)(A). [read post]
27 Mar 2009, 10:42 am
"By the time he was executed, (Michael) Richard had two trials, two direct appeals (including the United States Supreme Court), two state habeas corpus proceedings and three federal habeas corpus hearings and motions," she said in her motion.The case raised eyebrows for what death penalty foes saw as a startling lack of flexibility on a matter of life or death.On September 25, 2007 the US Supreme Court decided to take up the question of… [read post]
17 Jun 2014, 2:13 pm
The defendant then sought habeas corpus relief in the federal courts. [read post]
11 Dec 2014, 11:30 am
A procedural note: In a federal habeas corpus case, "the proper respondent is the warden of the facility where the prisoner is being held, not the Attorney General or some other remote supervisory official. [read post]
20 Nov 2016, 6:00 am
LEXIS 160369 (SD FL, Nov. 17, 2016), a Florida federal magistrate judge dismissed as "a hodgepodge of unsupported assertions written in incomprehensible legalistic gibberish" a pleading captioned "All Writs of Habeas Corpus Declared by God. [read post]
5 Oct 2014, 11:02 am
LEXIS 136439 (ND CA, Sept. 26, 2014), a California federal district court rejected an inmate's claim in a habeas corpus proceeding that his free exercise rights were infringed by a state court's conclusion that the clergy-penitent privilege did not apply to his confession.In Peele v. [read post]
3 Aug 2014, 11:09 am
LEXIS 102220 (D NJ, July 28, 2014), a New Jersey federal district court held that habeas corpus is not a proper route to challenge a prison's treatment of the Hebrew Israelite religion as being part of plaintiff's Messianic Sabbatarian religion.In Stokley v. [read post]
15 Jan 2017, 10:00 am
LEXIS 3682 (ED CA, Jan. 10, 2016), a California federal magistrate judge, ruling on an inmate's habeas corpus petition, recommended concluding that a state court was reasonable when it held that an inmate's free exercise rights were not violated by using his religious necklace with the Eternal Warrior Shield as evidence of affiliation with the Mexican Mafia.In Skandha v. [read post]
2 Jul 2017, 6:02 pm
LEXIS 99400 (SD TX, June 27, 2017), a Texas federal district court dismissed a habeas corpus petition in which plaintiff challenged his conviction for giving false identifying information to the police, alleging that it violates his free exercise rights to require him to list his birth date as the date of delivery rather than the date of conception.In Boyd v. [read post]
23 Aug 2015, 9:10 am
LEXIS 109131 (CD CA, Aug. 17, 2015), a California federal district court dismissed without prejudice an inmate's habeas corpus petition seeking release so he could obtain medical treatment from a Christian Science practitioner that he was denied in prison.In Avery v. [read post]
31 Aug 2014, 12:43 pm
., Aug. 26, 2014), a Texas state appeals court denied habeas corpus relief to petitioner, in pre-trial home confinement under charges of sexually assaulting a child, who was barred from attending church services as a condition of his electronic monitoring.In Kyles v. [read post]
17 May 2008, 3:45 am
"Perhaps, but let me suggest another possibility: If the government loses the Boumediene case, and the Supreme Court holds that Gitmo detainees are constitutionally entitled to habeas corpus because of the de facto sovereignty the U.S. exercises over Gitmo, the only way for the government to hold foreign captives without risking interference by a civilian court would be to hold them in a facility that is unambiguously located in the territory of a foreign sovereign. [read post]
