Search for: "In re Complaint for Writ of Habeas Corpus/Alternative Writ of Prohibition" Results 1 - 15 of 15
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9 Dec 2012, 6:59 pm by Carl Folsom
This court has jurisdiction to hear Weimer's original petition for a writ of habeas corpus under K.S.A. 60–1501(a). [read post]
12 Jun 2013, 6:26 pm by Stephen Bilkis
Upon this Writ of Habeas Corpus, petitioner Elizabeth Stuart Calvert, the Law Guardian of Relator, seeks his release upon the grounds that Family Court Judge improperly adjourned the dispositional hearing beyond the total twenty (20) day period authorized for "good cause" under FCA § 350.1, subd. 5. [read post]
14 Nov 2007, 5:20 am
In the same order, the Florida Supreme Court also denied Plaintiff's Petition for Writ of Habeas Corpus. [read post]
27 Dec 2016, 10:59 am by Andrew Kent
As the Constitution puts it, the privilege of the writ of habeas corpus may be "suspended" by the Congress and president acting together (and perhaps, as Lincoln believed, the president acting alone in certain circumstances) "when in cases of rebellion or invasion the pu [read post]
6 Jun 2019, 8:07 am by John Elwood
More than 20 years later, the 9th Circuit granted McKinney a conditional writ of habeas corpus, holding that Arizona courts had erred by failing to consider nonstatutory mitigating evidence in violation of Eddings v. [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]
27 May 2008, 9:50 am
Alston, No. 06-1559 Conviction for possession of a firearm by a convicted felon after the district court precluded defendant from offering a justification defense is affirmed where defendant did not present evidence that: 1) he was under a present threat of death or bodily harm; 2) there was a direct causal relationship between the criminal act and the avoidance of the threatened harm; or that 3) he had no reasonable legal alternative. [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]
10 Jan 2017, 12:35 pm by Kevin Russell and Charles Davis
For example, in In re Morgan, Pryor wrote an opinion holding that the Supreme Court’s decision in Miller v. [read post]
2 Sep 2008, 5:17 pm
Webb, No. 06-5806 An order denying a 28 U.S.C. section 2254 petition for writ of habeas corpus from a conviction for assault is affirmed over claims that judicial bias, ineffective assistance of trial counsel, and his invalid plea of guilty warranted reversal of the district court's decision. [read post]
6 Mar 2020, 9:40 am by Samantha Fry, Masha Simonova
It must also demonstrate that any reasonable alternatives have been exhausted and there are no less restrictive options available. [read post]
23 Apr 2016, 10:08 pm by Jon
Feturais the default method of selecting public officials, unless a constitution should provide otherwise, consisting of alternating rounds of random selection (sortition) and fitness screening or election, each of which reduces the size of the candidate pool, until the final selection of the officials. [read post]
4 Sep 2007, 2:47 am
upon receiving complaints of juror misconduct and then discharging one juror. [read post]
2 Feb 2017, 1:22 pm by Andrew Hamm
Lynch, 803 F.3d 1165 (10th Cir. 2015) (wrote opinion) Decision of Board of Immigration Appeals inIn re Briones did not apply retroactively to bar alien’s application for adjustment of status. [read post]