Search for: "Habeas Corpus Cases"
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15 Nov 2012, 1:02 pm
In his decisions granting the contractors’ petitions for habeas corpus relief, District Judge James D. [read post]
10 Nov 2012, 6:58 am
" Put aside for a moment that this statement is flatly contracted by the record: citizenship, for example, remains a factor in determining the availability of habeas corpus jurisdiction for individuals imprisoned outside the United States and is an essential factor in determining eligibility for prosecution in a military commission rather than the regular court system (only aliens may be prosecuted in military commissions). [read post]
9 Nov 2012, 10:34 am
After being bound over to the district court, Respondent filed a pretrial petition for a writ of habeas corpus seeking to dismiss the charge, arguing that section 212.093(1) was unconstitutionally vague and overbroad, and that, by its terms, the statute does not prohibit the possession of cell phones. [read post]
9 Nov 2012, 10:34 am
After being bound over to the district court, Respondent filed a pretrial petition for a writ of habeas corpus seeking to dismiss the charge, arguing that section 212.093(1) was unconstitutionally vague and overbroad, and that, by its terms, the statute does not prohibit the possession of cell phones. [read post]
8 Nov 2012, 8:38 pm
Most of these factors are clearly present in this case. [read post]
8 Nov 2012, 8:38 pm
" Most of these factors are clearly present in this case. [read post]
6 Nov 2012, 2:21 pm
Supreme Court has agreed to hear, and perhaps clearly decide, whether a state prisoner claiming “actual innocence” when petitioning for a federal writ of habeas corpus must do so with “reasonable diligence. [read post]
31 Oct 2012, 4:39 am
See my previous post on the Court of Appeal’s ruling on habeas corpus in the case of Rahmatullah. [read post]
30 Oct 2012, 2:02 pm
., the Court ruled that the Petitioner, who had filed a Habeas Corpus Action to determine the lawfulness of his custody, was entitled to an individualized bond hearing despite the Department of Homeland Security's argument and position that he was subject to mandatory detention for having committed an aggravated felony and two crimes involving moral turpitude. [read post]
23 Oct 2012, 9:01 pm
Bush, the Supreme Court held that Act unconstitutional insofar as it eliminated habeas corpus review of detention decisions, and last week’s D.C. [read post]
22 Oct 2012, 8:43 am
This lack of service was confirmed by an Affidavit of in support of the Petition for Warrant in Lieu of Writ of Habeas Corpus. [read post]
20 Oct 2012, 8:18 am
October 16, 2012) (Parker, Hall, Carney, CJJ)While decisions on state prisoners’ federal habeas corpus petitions are not consistently covered on this site, this particular case is fascinating. [read post]
15 Oct 2012, 1:27 pm
The case involved procedural issues in federal petitions for habeas corpus by state prisoners. [read post]
12 Oct 2012, 1:47 pm
After being bound over to the district court, Respondent filed a pretrial petition for a writ of habeas corpus seeking to dismiss the charge, arguing that section 212.093(1) was unconstitutionally vague and overbroad, and that, by its terms, the statute does not prohibit the possession of cell phones. [read post]
11 Oct 2012, 1:35 pm
What makes it interesting is that, as we’ve noted, California voters will soon decide whether to approve Proposition 34, which would eliminate the death penalty in the state, 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]
8 Oct 2012, 12:02 pm
Here’s the abstract: This article considers the interplay between habeas corpus law and the Sixth Amendment right to effective assistance of counsel. [read post]
2 Oct 2012, 8:46 am
The case generates some strong commentary from Judge Calabresi, who says the defendant might actually be innocent and that the habeas process set up by Congress and the Supreme Court has gone mad.The case is Hawthorne v. [read post]
1 Oct 2012, 4:55 am
This week the Court hears cases on topics ranging from affirmative Action, immigration, and habeas corpus and competence Here’s the calendar; you can read our LII Supreme Court Bulletin case analyses by clicking on the name of the case: Monday, October 1, 2012 10-1491 KIOBEL, ESTHER, ET AL. v. [read post]
30 Sep 2012, 2:15 pm
State, SC10-1602, the Court affirmed the trial court’s denial of a Rule 3.851 motion for postconviction relief and petition for writ of habeas corpus in a death penalty case notwithstanding the fact that one of the jurors fell asleep during the trial on several occasions. [read post]
24 Sep 2012, 9:43 am
Criminal appeals, especially, require an attorney with considerable experience in state and federal appeals, including federal habeas corpus petitions. [read post]
