Sentences with phrase «habeas claims»

Not exact matches

But the 4th U.S. Circuit Court of Appeals at Richmond, Virginia, held that the hearing was prohibited by the Antiterrorism and Effective Death Penalty Act, which provides that if a federal habeas petitioner has «failed to develop the factual basis of a claim in state court proceedings,» a federal habeas court «shall not hold an evidentiary hearing on the claim» regardless of the reasons for this failure.

Mr. Voisey's claim met more of the criteria required for a successful habeas corpus application than did Mr. Rain's.

Using a costs award to discourage unnecessary litigation over money between represented parties is one thing, but using a costs award to discourage a habeas corpus claim involving a self - represented litigant amounts to financially penalizing Mr. Voisey's attempted enforcement of his own human rights, which seems unnecessarily severe.

A claim of actual Innocence in habeas proceedings can not be deemed a waiver of the attorney / client and work product privileges.

For claims pending in federal court: The petition for review or habeas corpus date stamped by the appropriate court.

Relevant exculpatory DNA evidence can satisfy the Schlup v. Delo actual Innocence gateway standard for permitting habeas review of otherwise procedurally defaulted claims.

Issue: Discussing the availability of an «actual innocence» claim in federal habeas corpus proceedings.

And there are dozens of immigration cases every year in which petitioners are not in a position to raise CAT claims in a petition for review, and therefore run into REAL ID's bar on pursuing CAT relief in habeas petitions.

Also in this section (pages 7 - 9 of the slip opinion), the Court applied what I would describe a «realistic litigator» analysis (which Justice Scalia often employs to reject claims of «future bad law» effects) to habeas lawyers» likely moves, and expressed the majority's «doubt that any more judicial time will be wasted» than would be the case under the dissent's alternative vision.

Of course, in the Martinez case, the Supreme Court held that states» decisions to relegate IAC claims to collateral review had important implications for the scope of procedural default doctrine in later federal habeas proceedings.

In my view, Charter damage claims can not be joined to habeas corpus applications.

In the domestic courts, Bournewood involved an application for judicial review of Mr L's detention and for a writ of habeas corpus, but also a claim for damages for false imprisonment.