Search for: "Habeas Corpus Cases"
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11 Sep 2008, 2:00 pm
If we find that there has been such a violation then we can consider bringing a writ of habeas corpus on behalf of your loved one. [read post]
18 Feb 2011, 6:03 am
Juries need more, better information to prevent false convictionsHabeas writsThe evisceration of habeas corpus in American jurisprudenceOn the usefulness and limits of federal habeas petitionsParsing post-conviction writsProsecutors seek to thwart postconviction innocence claimsBill would allow habeas appeal based on discredited science [read post]
9 Mar 2009, 7:10 am
McKellar, which narrowly defined the circumstances under which a state prisoner can take advantage of a new federal constitutional ruling to secure relief via habeas corpus in federal court:. . . the fact that a court says that its decision is within the "logical compass" of an earlier decision, or indeed that it is "controlled" by a prior decision, is not conclusive for purposes of deciding whether the current decision is a "new rule" under Teague. [read post]
8 Mar 2011, 8:08 am
Section 1983 suits are often more attractive to prisoners than habeas petitions because Congress and the Supreme Court have placed significant barriers in the path of inmates seeking habeas corpus. [read post]
15 Apr 2018, 8:12 am
The suspect can then challenge the warrant by filing a petition for a writ of habeas corpus. [read post]
15 Apr 2009, 12:03 pm
The family asked us to make a last-ditch effort — a Section 2255 motion (the habeas corpus vehicle to attack a federal conviction and sentence) and we filed one based on an ineffective assistance theory. [read post]
30 May 2008, 7:32 am
Through a per curiam opinion, the Court granted a writ of habeas corpus to release a person held on criminal contempt charges for failure to comply with a child-support order. [read post]
15 May 2012, 2:01 pm
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]
10 Sep 2018, 12:04 pm
He should not, of course, direct an outcome, but he ought to be able to order expeditious proceeding.For comparison, here is the FDR timeline for military commission trial of unlawful combatants:July 2, 1942: President issues executive order for commission.July 8: Trial begins.July 29 and 30: Supreme Court hears argument on habeas corpus petition challenging trial by commission.July 31: Supreme Court announces decision to deny habeas corpus relief. [read post]
17 Aug 2007, 8:34 am
Florida] involving a state capital defendant who was shut out of federal habeas corpus because he had taken the time to try to seek Supreme Court review from his state decision, and the Court said, "Sorry, you can't do that if you want to preserve your rights under the statute of limitations for federal habeas. [read post]
30 Jul 2012, 1:39 pm
At that point, where experts believe flawed testimony led to false convictions, the question becomes whether it's possible to secure relief from the Court of Criminal Appeals through writs of habeas corpus, or if the court's majority will continue to block innocence claims based on invalid science. [read post]
17 May 2022, 8:30 am
Twyford: The case centers on the All Writs Act and whether it may be invoked in habeas corpus proceedings. [read post]
21 Apr 2009, 12:01 pm
April 13 - April 17, 2009 To view the full-text of cases you must sign in to FindLaw.com. [read post]
19 May 2008, 8:55 am
To view these cases distributed by Findlaw.com you must first sign in to Findlaw.com. [read post]
28 Feb 2012, 6:15 am
Cleaning Swearingen’s trailer after Trotter’s body was discovered, the suspect’s landlord found part of a torn pair of pantyhose that, prosecutors said, matched hosiery used to strangle the victim.Swearingen’s case involves rules for habeas corpus petitions, which let federal judges intervene in criminal cases if there is reason to believe an inmate’s rights have been violated.For readers interested in more detail, Jordan Smith… [read post]
8 Aug 2011, 12:07 pm
I, § 7, cl. 2, "Writ of Habeas Corpus" in Art. [read post]
6 Apr 2012, 3:26 pm
Superior Court: Does a court commissioner, acting without the consent of the parties, have authority to summarily deny a petition for writ of habeas corpus or a petition for writ of mandate? [read post]
7 May 2011, 2:40 am
The idea, the fundamental idea, is that habeas corpus is the last gasp protection against being unlawfully detained. [read post]
7 Mar 2011, 8:25 pm
Obama’s order states that the PRB will not interfere with the ongoing habeas corpus litigation. [read post]
10 May 2010, 9:51 am
Virginia , finding that such executions violate the Eighth Amendment's ban on cruel and unusual punishment.The 5th Circuit's April 28 decision in In Re: Bruce Carneil Webster shows how strict the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) can be in limiting successive petitions for writs of habeas corpus by death row inmates who do not challenge their guilt but rather the application of the death penalty, according to two death-penalty experts. [read post]
