Search for: "Habeas Corpus Cases" Results 1901 - 1920 of 4,148
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17 May 2012, 8:33 am by Michael O'Hear
King, Non-Capital Habeas Cases after Appellate Review: An Empirical Analysis Daniel J. [read post]
17 May 2012, 7:06 am by Colin Miller
Moreover, the dissent would not only allow the jury to consider such an inference, but would hold that for purposes of habeas corpus review, the exclusion of such an inference was an unreasonable application of clearly established Federal law, as determined by the Supreme Court. [read post]
17 May 2012, 4:39 am by Jonathan H. Adler
What makes this decision particularly interesting is the procedural posture of the case, the appeal of a denial of a writ of habeas corpus, as the Sixth often splits along ideological lines in habeas cases. [read post]
16 May 2012, 7:31 am by Benjamin Wittes
There’s a lot of legislation I would like to see Congress consider vis a vis detention and habeas. [read post]
15 May 2012, 3:05 pm
  O ministro Ricardo Lewandowski observou que o julgamento desse processo deverá tornar-se leading case para julgamentos semelhantes a serem realizados futuramente pela Turma. [read post]
15 May 2012, 2:01 pm by Lyle Denniston
Bush, declaring for the first time that prisoners held by the U.S. military outside of the Nation’s borders had a constitutional right to go into a U.S. court, using the ancient writ of habeas corpus, to force the government to justify holding them captive even while declining to pursue criminal terrorism charges against most of them. [read post]
15 May 2012, 11:55 am by Steve Vladeck
Guaranteeing habeas by statute in such cases just isn’t sufficient—leaving aside the fact that it’s also unnecessary. [read post]
15 May 2012, 8:45 am by Matthew Bush
PabonDocket: 11-958Issue(s): (1) Whether limited knowledge of English qualifies as an "extraordinary circumstance" justifying equitable tolling of the habeas corpus filing deadline; and (2) whether, in evaluating requests for certificates of appealability under the habeas corpus statute, federal courts of appeals may disregard the deference requirement and instead apply a de novo standard? [read post]
10 May 2012, 10:59 am by Matthew Bush
Bush; (2) whether a court of appeals’ substitution of its own analysis of the record evidence for that of a district court in a habeas case, where there is no finding that the district court committed clear error, improperly intrudes upon the fact-finding function of the district court and exceeds the appellate function of the court of appeals; and (3) whether the court of appeals’ manifest unwillingness to allow Guantanamo detainees to prevail in their habeas… [read post]
10 May 2012, 7:14 am by Raffaela Wakeman
Mark Sherman at the Miami Herald has this analysis of the new study out by Seton Hall Law on Guantanamo habeas corpus cases, which Ben already noted. [read post]
10 May 2012, 6:51 am by Benjamin Wittes
The effect of Al-Adahi on the habeas corpus litigation promised in Boumediene is clear. [read post]
10 May 2012, 4:12 am by Benjamin Wittes
In any case, the NDAA does not assign the military such a role. [read post]
9 May 2012, 1:12 pm by Lyle Denniston
” It summed up: “The effect of Al-Adahi on the habeas corpus litigation promised in Boumediene is clear. [read post]
9 May 2012, 9:01 am by Ritika Singh
Bush that allowed Guantánamo prisoners to challenge the legality of their detention in federal court through habeas corpus petitions. [read post]
8 May 2012, 2:39 pm by Kent Scheidegger
Because the Ninth Circuit's dismal record on habeas corpus, especially in capital cases, is a major problem, we at CJLF are particularly interested in a nominee's views on this subject. [read post]
8 May 2012, 11:34 am by Jeff Gamso
  If the feds had in the first instance done what they usually do,  getting a writ, there'd be no case here. [read post]
7 May 2012, 12:23 pm by Robert Chesney
Section 1032 – “Findings Regarding Habeas Corpus” – A strange provision. [read post]
7 May 2012, 8:32 am by Julie Brook, Esq.
Turn to CEB’s California Criminal Law Procedure and Practice, Jefferson’s California Evidence Benchbook, and Appeals and Writs in Criminal Cases (with Chapter 9 dedicated to habeas corpus). [read post]
6 May 2012, 11:38 am by Gritsforbreakfast
Even so, as a practical matter Kerry Max Cook couldn't pursue post-conviction DNA testing necessary clear his name formally through the habeas corpus process until recently because of virulent, Bradley-style opposition from a succession of local Smith County DAs. [read post]