Sentences with phrase «attack on a conviction»

In the U.S., a criminal defendant can not raise the issue of ineffective assistance of counsel on a direct appeal of a conviction or sentence, but can raise it in a collateral attack on a conviction which must be brought first in the state court and if that remedy is exhausted, may then be brought in federal court.

Procedurally, a collateral attack on a conviction is tricky and plagued with complex deadlines and procedural rules and there is not a right to counsel for a collateral attack on a conviction.

Next, Congress could also delay collateral attacks on the conviction by turning writs of Habeas Corpus proceedings into second trial by adding some clause that if the respondent to the writ does not establish beyond a reasonable doubt that the petitioner committed the crime from the evidence heard during the proceeding, the writ shall be issued, which essentially means the defendant's original trial is invalidated.

Once jeopardy attaches, there can only be a second trial if: The defendant is convicted of a charge that is reversed on appeal or in a collateral attack on the conviction.

Not exact matches

Dutch prosecutors have revealed that Slobodan Praljak died of a heart attack after drinking cyanide as his conviction and sentence for war crimes was affirmed by the the International Criminal Tribunal for the former Yugoslavia in The Hague, Netherlands, on Wednesday.

Despite the strong public sentiment against such convictions after the terrorist attacks on the World Trade Towers and the Pentagon, a perusal of public statements made by the leadership of the historic peace churches clearly indicates that, while they have repeatedly called for the perpetrators to be held accountable, they have not backed away from their commitment to nonviolence.

At the same time, non-Westerners see Western progressivism less as a rival for men's souls than as an attack on all cultures of conviction, including their own.

But Nietzsche suggests that an even greater courage is demanded»... for an attack on one's convictions.

Ozil on form is beautiful in tiki taka situations but his lack of conviction to shoot would limit the attack.

ALBANY — Pointing to a pair of old convictions for election fraud, State Senate Republicans are opening a new line of attack on Democrats as they attempt to regain the chamber majority in November: They're fraudsters.

His negligence action against the solicitor was instead a collateral attack on his criminal conviction.

A reminder, then, that launching a collateral attack on a decision of a regulatory body is a dangerous course of action, because it runs the risk of incurring a criminal conviction.

Other than a direct appeal from a state supreme court to the U.S. Supreme Court, or a direct appeal from a state supreme court of a collateral attack on a state conviction, a federal habeas corpus action is the only chance someone convicted of a crime has to show a federal government official that state officials did not comply with federal law and the U.S. Constitution in their criminal case.

We conclude with an extensive unit on federal habeas corpus remedies, including both challenges to federal executive detention (including the War on Terror cases) and collateral attack on state criminal convictions.