Search for: "Gonzalez v. On Habeas Corpus" Results 41 - 58 of 58
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21 Aug 2010, 12:00 am by Sex Offender Issues
O'Meara appeals the denial of a writ of habeas corpus. [read post]
7 Jun 2011, 12:30 pm by Christa Culver
Certiorari stage documents:Opinion below (9th Circuit) Petition for certiorari Brief in opposition Petitioners' reply Title: Gonzalez v. [read post]
13 Oct 2023, 12:30 pm by John Ross
Friends, we are excited to share that the Supreme Court has just taken up Gonzalez v. [read post]
3 Jul 2012, 3:20 am by SHG
Gonzalez: Petitioner-Appellant Jeffrey Dean Ford (Ford), a California state prisoner, appeals from the district court’s dismissal as untimely of three claims in his petition for a writ of habeas corpus, under 28 U.S.C. [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]
27 May 2008, 9:50 am
Gonzalez-Terrazas, No. 07-50375 A sentence based on a guilty plea conviction for unlawful reentry of an alien after removal is vacated and the case remanded for resentencing where the district court erred in applying a 16 level crime of violence enhancement based on the defendant's prior conviction under California Penal Code section 459 for residential burglary. [read post]
27 Jul 2014, 7:22 pm
., § 280 and as held in People v Jackson, People v Krank, except where time is a material ingredient of the crime the prosecution is not confined in its evidence to the precise date laid in the indictment, but may prove that the offense was committed at any time prior to the commencement of the prosecution and such proof does not constitute a material variance. [read post]
20 Jun 2019, 5:45 am by John Elwood
Davis, 18-6943 Issues: (1) Whether Gonzalez v. [read post]
15 Sep 2008, 8:29 pm
Huibregtse, No. 07-2777 In a murder and sexual-assault case, denial of a petition for habeas relief is affirmed where a state court determination that petitioner's waiver of his right to testify was knowing and voluntary was not contrary to, nor did it unreasonably apply, clearly established Supreme Court precedent. [read post]
24 Feb 2020, 7:38 am by Jennifer Chacon
Cyr, the Supreme Court addressed one of these bars, and found that because Congress had not expressly stated that the provision was intended to strip federal courts of jurisdiction to consider petitions for habeas corpus, the bar could not be read to foreclose review of Enrico St. [read post]
12 Apr 2020, 9:01 pm by Michael C. Dorf
Gonzalez in 2006—that, as the majority put it in RNC v. [read post]
17 Dec 2008, 7:16 pm
Quarterman, No. 05-20350 Denial of federal habeas petition is reversed and remanded for a de novo hearing of appellant's ineffective assistance of counsel claims, as the state habeas trial court's findings do not survive review where the appellate court did not specify which facts it accepted and which it rejected in denying the petition. [read post]
21 Dec 2009, 3:06 am
Habeas Corpus in War and Peace in the 18th and 19th Centuries. [read post]