Search for: "In re Habeas Corpus of Factor"
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27 May 2008, 9:50 am
McKee, No. 06-1606 An order conditionally granting petitioner habeas relief based on prosecutorial misconduct is reversed where: 1) the prosecutor relied in good faith on evidentiary rulings which permitted him to use prior bad acts evidence before trial to establish the identity of the [read post]
13 May 2008, 1:33 pm
Also, you may or may not be re-read your Miranda rights. [read post]
5 May 2008, 11:23 am
Pro's conclusions that Troy was denied due process, and we affirm the district court's grant of Troy's petition for writ of habeas corpus. [read post]
14 Apr 2008, 11:34 am
McBride, No. 06-7550 Denial of a petition for a writ of habeas corpus is affirmed in part where petitioner was not denied the effective assistance of counsel, but vacated where the state circuit court contravened his Sixth Amendment confrontation right by applying a per se rule restricting cross-examination of the prosecution's expert under a rape shield law. [read post]
8 Apr 2008, 9:47 am
Bartee, No. 07-1526 Denial of habeas corpus relief from a conviction for, inter alia, armed assault with intent to kill is affirmed where, regardless of whether petitioner defaulted on claims due to Massachusetts contemporaneous objection rule or whether the state ruling was contrary to or constituted an unreasonable application of federal law, he was unable to show the indispensable habeas requirement of "prejudice" under Brecht v. [read post]
11 Mar 2008, 8:46 am
Branker, No. 07-8 Denial of habeas petition challenging convictions for the murder of a state trooper and a deputy sheriff is affirmed where: 1) the Supreme Court of North Carolina did not unreasonably apply the clearly established federal law of Batson v. [read post]
3 Mar 2008, 12:13 pm
Sabol, No. 06-2692 Grant of petitions for habeas corpus is reversed where the Bureau of Prisons rule denying placement in a community corrections center to all prisoners during the first ninety percent of their sentences was a reasonable exercise of the BOP's discretion in carrying out its duties under 18 U.S.C. section 3621(b). [read post]
11 Feb 2008, 8:08 am
Constitution because it restricts the capacity of federal judges to reach independent decisions and limits the sources of law on which they may rely; and 3) the Antiterrorism and Effective Death Penalty Act so narrows the availability of habeas relief for state prisoners as to effectively suspend habeas in violation of the Suspension Clause. [read post]
5 Feb 2008, 8:11 am
Quarterman, No. 06-20764 The prohibition against successive section 2254 petitions does not require a prisoner to challenge all judgments from a single court in a single habeas petition. [read post]
30 Jan 2008, 11:03 pm
Callahan's Stay Motion is in Re: Richard Allenv. [read post]
30 Jan 2008, 7:35 am
Kelly, No. 01-2736 "Denial of petitions for writs of habeas corpus are affirmed where although English language deficiency can warrant tolling of the AEDPA limitations period, petitioners have failed to allege circumstances establishing the due diligence required to warrant tolling. [read post]
22 Jan 2008, 11:47 am
Timmerman-Cooper, No. 07-3339 Dismissal of a petition for a writ of habeas corpus is affirmed where it was not objectively unreasonable for a state court of appeals to find that the use of videoconferencing at petitioner's parole revocation hearing did not violate his rights to due process and to confront his accuser, and therefore did not violate the Fifth and Sixth Amendments. [read post]
19 Jan 2008, 11:58 am
This appeal arises out of the district court's dismissal of petitioner-appellant Randolph Wilkins's ("Wilkins") petition for a writ of habeas corpus pursuant to 28 U.S.C. [read post]
15 Jan 2008, 1:50 pm
Hoffman, No. 07-110 In habeas corpus proceedings brought by an individual convicted of first-degree murder and sentenced to death, a circuit court judgment granting habeas relief on a claim that he received ineffective assistance during plea negotiations is vacated as petitioner now abandoned the claim, and it was moot. . [read post]
18 Nov 2007, 8:47 pm
State, 814 So.2d 402 (Fla.2002) (affirming circuit court's denial of motion for postconviction relief and denying petition for writ of habeas corpus); Schwab v. [read post]
18 Nov 2007, 8:47 pm
State, 814 So.2d 402 (Fla.2002) (affirming circuit court's denial of motion for postconviction relief and denying petition for writ of habeas corpus); Schwab v. [read post]
14 Nov 2007, 5:20 am
Plaintiff filed a petition for federal habeas corpus relief pursuant to 28 U.S.C. [read post]
8 Nov 2007, 11:56 pm
In an interview, Richard said he was concerned with the Bush administration's "assault on American liberties" and its handling of habeas corpus and electronic surveillance. [read post]
30 Oct 2007, 1:37 am
US, No. 05-6662"Order granting petition for habeas corpus under 28 U.S.C. section 2255 is vacated where statements of the magistrate judge and prosecutor, while not full explanations, were not sufficiently misleading to render petitioner's guilty plea involuntary. [read post]
1 Oct 2007, 4:45 am
Bagley, No. 04-4289Dismissal of a petition for a writ of habeas corpus in a death penalty case is affirmed over a meritless claim that the state trial court violated the United States Constitution by admitting certain "other acts" evidence at trial, over his objection. [read post]
