Sentences with phrase «as habeas»

Amy has also served as a habeas law clerk to the Honorable Arthur D. Spatt, the Honorable Denis R. Hurley, and the Honorable Joanna Seybert in the United States District Court for the Eastern District of New York.

2) We will review other ways to vacate a conviction under California law, such as habeas corpus and withdrawal for good cause.

«Britain has a history of respect for principles such as habeas corpus and the presumption of innocence.

Not exact matches

In addition to civil rights for people of color, women and LGBT, there has been an expansion of religious liberty for minority sects, enforcement of viewpoint neutrality with respect to access to various public and non-public forums (e.g. religious student groups must be granted equal access to school facilities as their secular counterparts, etc) greater protections against age and disability discrimination, and recognition of habeas corpus rights even for enemy combatants.

None of what Lincoln achieved — the eventual abolition of slavery, the preservation of the Union — would have happened had Lincoln not thought himself constitutionally authorizedto resist the Supreme Court's decision in Dred Scott; constitutionally obligated, by his oath, to resist secession; and constitutionally empowered, as commander in chief, to fight the enemy with the full powers at his disposal, which included military force, blockade, suspension of habeas corpus, arrest and detention, seizure of enemy property, and emancipation of Southern slaves.

This is also available as a fee - based service from vendors like Habeas, Return Path or Pivotal Veracity.

But Judge Fahey took the opportunity to criticize the First Department's reasoning in finding that a chimp can not be defined as a person and thus is not entitled to habeas relief.

Appellate attorneys also defend against Federal habeas corpus petitions; motions for post-judgment relief pursuant to CPL Article 440; as well as petitions for a writ of error coram nobis.

The words «writ of habeas corpus» have been struck out, suggesting that the court has made no decision on whether Hercules and Leo — two research chimpanzees at Stony Brook University in New York — deserve to be treated as legal persons.

This week, oral arguments were allowed in two of the suits, but none of the three judges who heard the cases were willing to issue a writ of habeas corpus, as David Grimm wrote in ScienceInsider.

Amazon This anthology contains great «stories» by Synchronic authors Samuel Peralta («Liberty: Seeking a Writ of Habeas Corpus for a Non-human Being») and Jason Gurley, as well as Michael J. Sullivan, Tobias S. Buckell, and more... (Edited by John Joseph Adams) HELP FUND MY ROBOT ARMY!!!

For the past decade, he has served as an Adjunct Professor of Law at the University of Cincinnati, where he has taught habeas corpus law and a First Amendment seminar.

«Like all former Guantánamo detainees, Mohammed is not allowed to come to the U.S. I had imagined «Habeas Corpus» as a work of silent witness, deriving its power from live streaming, technology, and stillness — a work of equally balanced presence and absence.»

I mean, imagine what would happen if there was a huge terror attack, and the government used it as an excuse to extend wire tapping efforts and suspended habeas corpus and opened special prisons and such.

It transfers Davis» habeas corpus petition to the U.S. District Court in Georgia and instructs the court to «receive testimony and make findings of fact as to whether evidence that could not have been obtained at the time of trial clearly establishes petitioner's innocence.»

But whether a being has the right to seek release from confinement through habeas corpus should not be treated as a simple either / or proposition, he said.

For one, it is the first time in nearly 50 years that the court has ordered a hearing based on a petition for habeas corpus filed directly with the Supreme Court, as opposed to petitions that have come up through the lower courts.

As detailed in this local article, headlined «Tennessee moves closer to executing first woman: Sixth Circuit denies appeal to woman convicted in murder for hire of husband,» a new federal habeas ruling in a state capital case provides an effective opportunity to reflect on gender bias in the application of the death penalty.

Finally, if you have an upcoming filing deadline in court, such as an appeal, a post-conviction petition, or a habeas corpus deadline, please do not wait to hear from us before you make your filing.

As the lawyers argued and as Denniston notes, «habeas review must be speedy in order to be effective.&raquAs the lawyers argued and as Denniston notes, «habeas review must be speedy in order to be effective.&raquas Denniston notes, «habeas review must be speedy in order to be effective.»

As summarized in this coverage of the case by Tony Mauro, convicted murderr Keith Bowles was denied habeas relief, with 30 days to appeal.

Mauro at The BLT writes that the U.S. District Court in Washington, which now has habeas jurisdiction over the detainees as a result of today's ruling, is already responding to the decision.

I would expect that felonious child abuse would require the same sort of harm or thread of harm as is typical with the named crime of extortion.And to win a case on habeas it ought to be very clear that the otherwise final judgement is somehow wrong, so I would say the majority is on pretty solid ground.

As many as 200 detainees have filed habeas petitions, and many were being held pending the outcome of BoumedienAs many as 200 detainees have filed habeas petitions, and many were being held pending the outcome of Boumedienas 200 detainees have filed habeas petitions, and many were being held pending the outcome of Boumediene.

Below are some of the issues raised by Clinton's departure from the race, as well as an analysis of how yesterday's Supreme Court ruling recognizing the right of Guantanamo detainees to avail themselves of habeas corpus procedures is impacting the campaign message of the remaining two candidates.

They should be stripped of ephemera not necessary to the bulk of family law disputes, such as rules on interpleader, receivers, creditors» remedies and writs of mandamus, certiorari and habeas corpus.

Khadr applied for habeas corpus on the grounds that the ITOA mandated that transferred prisoners who committed their crimes as youths be allowed to serve their sentences in provincial facilities.

«And most recently, she «played fast and loose with her disclosure obligations» as regards exculpatory evidence, a third court found in a habeas case.

Some legal options are, however, particularly bad, such as putting the children into indefinite juvenile detention for contempt of court, leading a lawyer to file a habeas petition on their behalf:

In a move described as a pre-emptive strike against the detainee bill passed by Congress last week, the Center for Consitutional Rights yesterday filed habeas corpus petitions on behalf of 25 men being held in Afghanistan.

And Congress quite explicitly has the Constitutional power to suspend the writ of habeas corpus, though whether this counts as a «suspension» of the writ is open for debate.

Legal Times colleague Joe Palazzolo reports that the U.S. District Court for the District of Columbia which now has habeas jurisdiction over the detainees as a result of today's ruling, is already responding to the decision.

Court officials say as many as 200 detainees have filed habeas petitions, and many were being held pending the Boumediene decision.

The Midwest Innocence Project and Langdon & Emison intend to file a Missouri Rule 91 Habeas petition as soon as the investigation is complete.

Bingham picks the United Kingdom's Habeas Corpus Amendment Act of 1679 as a milestone on the way to the rule of law.

Congress conferred on the courts no power to review their determinations save only as it has granted judicial power «to grant writs of habeas corpus for the purpose of an inquiry into the cause of the restraint of liberty.»

Finally, the district courts have been granted constitutional authority to issue the extraordinary writs of certiorari, prohibition, mandamus, quo warranto, and habeas corpus, as well as all other writs necessary to the complete exercise of their jurisdiction.

Angus McCullough QC is acting as special advocate for Abu Qatada in his applications for habeas corpus and bail - Jan 2012

A Second Circuit Court of Appeals panel reversed the district court's decision that had dismissed, as procedurally barred, our client's petition for a writ of habeas corpus.

Jonathan acted in the important case on the relationship between the Mental Capacity Act 2005 and the Mental Health Act 1983, J v Foundation Trust and others, the recent test case proceedings concerning the procure for court authorisation of deprivations of liberty, and has acted in a wide variety of mental health and capacity cases, covering issues such as capacity to marry and enter into sexual relations, capacity to litigate, cross-border capacity cases, urgent medical treatment cases, mental health habeas corpus cases, and many other areas.

Allen's past and present pro-bono work includes serving as a volunteer appellate lawyer for the Mercer Law School's Habeas Corpus Project and the Georgia Public Defender's Standards Council, as a volunteer lawyer for the National Center for Refugee and Immigrant Children and Miami - Dade Legal Aid's «Put Something Back Program,» and as a bar exam tutor through the Dade County Bar Association's Bar Passage Program.

[Footnote 2/20] This was the possibility that the bill would confer power upon district judges to issue process against jailers in remote districts, and thus create departure from the usual rule, in habeas corpus cases as in others, that process does not run beyond the territorial jurisdiction of the issuing court.

The Faculty of Law and its students extend an open invitation to the 2nd Annual DeLloyd J. Guth Visiting Lecture in Legal History: Habeas Corpus: Legal History and Guantanamo Bay By Professor James Oldham (Georgetown University Law Center, Washington, D.C.) This lecture by the eminent James Oldham centres on his past ten years» experience as Counsel of Record -LSB-...]

He brings a habeas corpus application and seeks damages under s. 24 (1) as a remedy for alleged breaches of his ss.

A Civil War case addressed this separation of powers issue and held that the President may not suspend the Writ of Habeas corpus without the approval of Congress, but its status as valid precedent is contested:

Not surprisingly, animals have never been considered persons for the purposes of habeas corpus relief, nor have they been explicitly considered as persons or entities capable of asserting rights for the purpose of state or federal law.

Courts in which one could seek redress from allegedly unlawful detention using a writ of habeas corpus simply don't act that fast, and Congress would be hard pressed to act that fast as well.

Some states had direct appeals of criminal convictions earlier than this but the writ of habeas corpus does precede a direct appeal as a form of relief from a wrongful criminal conviction historically and was the primary means by which one could obtain relief from a criminal conviction in 1789 when the U.S. Constitution, which preserved the right to seek a writ of habeas corpus even before the Bill of Rights added most other new criminal procedure rights under the constitution, was adopted.

This is because, as Milligan makes clear, suspending habeas corpus in advance of an active rebellion that prevents the courts from functioning is unconstitutional anyway.

For example, the writ of habeas corpus has been sought to seek the release of people held as «enemy combatants» rather than pursuant to a criminal conviction.