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17 Sep 2021, 5:01 am by Jacob Pagano
Hernandez contested the immigration judge’s burden allocation and prevailed: the United States District Court for the District of New Hampshire granted her petition for a writ of habeas corpus and ordered the judge to provide a bond hearing where the government, not Hernandez, bore the burden to prove danger or flight risk by clear and convincing evidence. [read post]
15 Aug 2011, 9:24 pm by WOLFGANG DEMINO
-Corpus Christi 2007, orig. proceeding [mand. denied]) (holding that an oral motion to enforce a settlement agreement was sufficient because "[a]s long as the motion recites the terms of the agreement, states that the other party has revoked its previously stated consent to the agreement, and requests the trial court to grant relief, the motion is sufficient"); Bayway Servs., Inc. v. [read post]
29 Aug 2020, 6:39 am by Anna Salvatore
Nathaniel Sobel and Julia Solomon-Strauss discussed the latest news in Trump v. [read post]
3 Dec 2009, 8:11 am
Scott Issues: (1) Can the application of a state procedural rule be characterized as "inadequate" under the adequate-state-ground doctrine-and therefore unenforceable on federal habeas corpus review-based upon one Arizona appellate case that involved the application of a different rule to different factual and procedural circumstances? [read post]