Search for: "Habeas Corpus Cases"
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12 Jan 2013, 11:04 am
This case is about the Petition for a Writ of Habeas Corpus filed by the Petitioner who challenged his continued incarceration in the custody of the New York State Department of Correctional Services (DOCS). [read post]
10 Jan 2013, 1:13 pm
In yet another state-on-top habeas case, Burt v. [read post]
10 Jan 2013, 12:03 pm
California "clearly establish[es]," for purposes of habeas corpus review of state-court judgments under 28 U.S.C. [read post]
9 Jan 2013, 12:51 pm
So begins this interesting opinion from the United States District Court for the District of Columbia, in a habeas case brought by Guantanamo detainee Mohammed Morafa: On a petition for a writ for habeas corpus filed by a detainee at Guantanamo Bay, may the Respondents rely on Top Secret source-identifying information for which there is no adequate substitute and that cannot be released to Petitioner’s counsel, even if it might assist his petition? [read post]
4 Jan 2013, 1:38 pm
My new article on habeas corpus and the right to effective assistance of counsel is now out: Bypassing Habeas: The Right to Effective Assistance Requires Earlier Supreme Court Intervention in Cases of Attorney Incompetence, 25 Fed. [read post]
4 Jan 2013, 8:00 am
Adding judicial review with habeas corpus would entail significant costs, relatively few incremental benefits, and would have little chance of being reciprocated by enemy nations in future conflicts. [read post]
4 Jan 2013, 5:48 am
Since and because of Quirin, it has become accepted that literally any individual present in the United States has a constitutional right to habeas corpus. [read post]
3 Jan 2013, 9:16 am
The Texas District and County Attorney's Association User Forum recently highlighted a case where the CCA referred a perjury charge to prosecutors based on alleged lies by a prisoner in a writ of habeas corpus. [read post]
2 Jan 2013, 3:17 pm
The following cases were filed since December 24, 2012. [read post]
31 Dec 2012, 7:47 pm
United StatesIssue: Whether, after initiating a custody request for a state prisoner under the Interstate Agreement on Detainers Act, 18 U.S.C. app. 2, the federal government may nullify the state’s exercise of its statutory right to disallow that custody request by resort to a writ of habeas corpus ad prosequendum. [read post]
27 Dec 2012, 4:00 am
Habeas corpus is a legal procedure by which a person can seek relief from unlawful detention. [read post]
20 Dec 2012, 7:37 am
Bush, finding that habeas corpus applied to detainees at Guantanamo Bay, and that the Military Commissions Act was an unconstitutional suspension of the right to habeas corpus; and Texas v. [read post]
20 Dec 2012, 6:33 am
Since and because of Quirin, it has become accepted that literally any individual present in the United States has a constitutional right to habeas corpus. [read post]
3 Dec 2012, 8:05 am
For the reasons set forth in the well reasoned opinion of the habeas court, which we quote with approval and discuss in part herein, we reject the petitioner's challenges, and thus affirm the habeas court's judgment dismissing his application for a writ of habeas corpus. [read post]
30 Nov 2012, 11:24 am
And the Court of Criminal Appeals, while promoting public education on the topic through Judge Hervey's Criminal Justice Integrity Unit, in its rulings continues to prevent re-evaluation of flawed forensic cases via writs of habeas corpus. [read post]
30 Nov 2012, 4:42 am
His request: For a cert petition in a Louisiana capital case coming off the state supreme court's denial of the direct appeal, we are considering raising a question arising from our conflict of interest claim. [read post]
30 Nov 2012, 4:42 am
His request: For a cert petition in a Louisiana capital case coming off the state supreme court's denial of the direct appeal, we are considering raising a question arising from our conflict of interest claim. [read post]
29 Nov 2012, 7:46 am
Olshansky had previously requested the detainees’ names in order to file writs of habeas corpus, but was denied the information because it was deemed “classified. [read post]
26 Nov 2012, 4:00 pm
If I had this case, if the State didn’t fold, and if the client were willing to spend the time and money to fight it, I would file a pretrial writ of habeas corpus alleging that the statute is unconstitutional. [read post]
19 Nov 2012, 5:44 am
Andas Wikipedia notes, habeas corpus came to the United States from England. [read post]
