Search for: "Habeas Corpus Cases"
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28 Jun 2012, 4:46 pm
In a previous decision, the Court of Appeals denied a writ of habeas corpus brought by Mr. [read post]
25 Jun 2012, 10:42 am
One solution is a habeas corpus petition claiming ineffective assistance of counsel. [read post]
24 Jun 2012, 6:08 am
And ironically, the woman who prosecuted the case is in a runoff for District Attorney in the GOP primary! [read post]
19 Jun 2012, 10:24 pm
Petitioner argues that he cannot challenge the judgment through either appeal or a habeas corpus (procedural challenge) because you lose the ability to do either once a conviction is completed. [read post]
18 Jun 2012, 2:58 pm
But it did not authorize federal review of tribal court matters (besides habeas corpus) and it did not waive tribes’ sovereign immunity from suit. [read post]
13 Jun 2012, 7:32 am
The only testimony at the hearing on the facts of the case came from the state investigator, called by the defense, who acknowledged weaknesses in the state's case. [read post]
13 Jun 2012, 2:32 am
The Supreme Court, Monday, continued its battle against the writ of habeas corpus. [read post]
12 Jun 2012, 9:27 am
The appeals court’s decision “is a textbook example of what the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) proscribes: ‘using federal habeas corpus review as a vehicle to second-guess the reasonable decisions of state courts,' ” the Supreme Court said. [read post]
12 Jun 2012, 6:00 am
” Importantly, though, that FARRA doesn’t provide jurisdiction should not matter in habeas cases, since a different federal statute already confers power upon the federal courts in such cases so long as the petitioner claims detention “in violation of the Constitution or laws or treaties of the United States. [read post]
12 Jun 2012, 4:18 am
The head note will read the way it should, that they did not suspend habeas corpus because of blind, stupid fear at a moment of national weakness. [read post]
11 Jun 2012, 12:40 pm
In habeas cases, federal courts will forbear from overturning state court convictions simply because constitutional errors occurred; they will intervene only when the state courts were unreasonably wrong. [read post]
11 Jun 2012, 11:51 am
The habeas corpus trial was to have started Tuesday, but was delayed after one of the lawyers had a medical issue. [read post]
11 Jun 2012, 10:38 am
Matthews, summarily reversing the Sixth Circuit in a death penalty habeas corpus case:[T]he Sixth Circuit held that certain remarks made by the prosecutor during his closing argument constituted a denial of due process.... by suggesting that [the defendant] had colluded with his lawyer ... and [his expert witness] to manufacture an extreme emotional disturbance defense. [read post]
11 Jun 2012, 9:51 am
The "privilege of the writ of habeas corpus" guaranteed in the Constitution is a privilege belonging to our own population, not alien enemies with no connection to this country, and the Court had to run roughshod over history to find otherwise. [read post]
11 Jun 2012, 7:49 am
But it’s not just habeas cases. [read post]
11 Jun 2012, 7:07 am
In this habeas case, the United States Court of Appeals for the Sixth Circuit set aside two 29-year-old murder convictions based on the flimsiest of rationales. [read post]
10 Jun 2012, 1:37 am
His description of those discussions—and President Obama’s personal role in them—was entirely new to me, however: The administration was facing another court deadline, habeas corpus cases brought by lawyers for Guantanamo detainees, and, once again, the president was forced to make a series of quick, difficult, and highly consequential decisions. . . . [read post]
8 Jun 2012, 1:56 pm
TuiteDocket: 11-1094Issue(s): Whether a federal court may grant habeas corpus relief to a state prisoner without determining that the state court’s “harmless beyond a reasonable doubt” ruling was objectively unreasonable.Certiorari stage documents:Opinion below [Yates v. [read post]
8 Jun 2012, 7:07 am
At Prawfsblog, Giovanna Shay thanks for the Court for providing great hypotheticals for professional responsibility courses in some of its recent criminal procedure and habeas corpus opinions. [read post]
8 Jun 2012, 5:56 am
Attorneys who handle post-conviction writs of habeas corpus and Padilla-type issues are anxiously awaiting how the U.S. [read post]
