Sentences with phrase «as habeas corpus»

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.

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.

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.

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.

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.

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.

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.

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.

[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.

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.

As I have explained earlier habeas corpus is intended to be an expeditious process to determine whether a restriction on liberty of a person is legal at a given point in time.

The Court of Appeal has stated clearly that, where Charter damages are sought for an alleged illegal detention, they are to be sought through standalone Charter applications or by way of an action, and not as part of a habeas corpus application.

For example, we can consider how quarantine regulations would be utilized; the circumstances under which habeas corpus might be suspended; or the manner in which trans - national institutions, such as the United Nations, would react to a zombie apocalypse.

And we concur also in what is said of the writ of habeas corpus and of its suspension, with two reservations: (1) that, in our judgment, when the writ is suspended, the Executive is authorized to arrest, as well as to detain, and (2) that there are cases in which, the privilege of the writ being suspended, trial and punishment by military commission, in states where civil courts are open, may be authorized by Congress, as well as arrest and detention.

Habeas corpus relief was not available in this case, as Nguyen does not face physical confinement or a deprivation of liberty that is more restrictive than the confinement of other inmates.