Sentences with phrase «habeas corpus»

In the popular mind, the 200 or so Guantanamo detainees filing for habeas corpus in federal district courts are up against the full powers of the United States government.

However, even if this is true, it is not clear that costs awards are a fair or effective way to deal with vexatious self - represented inmates on unsuccessful habeas corpus applications because the rules of costs contemplate represented litigants, not self - represented ones.

On April 13, five months before The Fugitive debuted, Boston lawyer F. Lee Bailey filed a writ of habeas corpus in federal court challenging the fairness of the extraordinary 1954 trial in which Sheppard was convicted.

Will says that, to his knowledge, there have been only a handful of habeas corpus cases that have been litigated, but «there will certainly be more to come,» including a couple that he will be filing in the next few months.

Executions typically follow death sentences in the United States by ten years or so, because it takes about ten years to complete a full set of direct appeals all of the way to the U.S. Supreme Court, a state collateral attack with appeals of that ruling all of the way to the U.S. Supreme Court (if relief is denied) and finally a federal habeas corpus petition with appeals of that ruling all of the way to the U.S. Supreme Court.

Lee was freed on an unsecured bond in August 2014 after a federal judge adopted Carlson's report and recommendation and conditionally granted Lee's petition for habeas corpus relief.

Sometime in the next couple of months, in a yet - to - be disclosed courthouse somewhere in the United States, the Nonhuman Rights Project is planning to file a writ of habeas corpus on behalf of a chimpanzee.

Two hundred of the 500 prisoners have filed habeas corpus petitions in the wake of the Court's decision in 2004 in Rasul v. Bush.

Gabrielle devotes substantial time to pro bono matters, including representation of an inmate on Georgia's death row in federal habeas corpus proceedings for more than fifteen years.

King Charles II's chief minister was in the habit of dispatching prisoners to distant parts of the U.K., where the writ of habeas corpus did not run.

He also represented the New Zealand government on immigration matters, parole and habeas corpus hearings, defamation suits and other regulatory matters.

It is most often attributed to Abraham Lincoln, as a response to charges that he was violating the United States Constitution by suspending habeas corpus during the American Civil War.

Though a chimpanzee isn't a person who may be entitled to habeas relief, he or she may still have a right to liberty protected by habeas corpus, Fahey said.

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.

Eight 2Ls and 3Ls work on real cases involving habeas corpus cases at the trial court level and on appeal,... Continue Reading

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.

2600, validly stripped federal court jurisdiction over habeas corpus petitions filed by foreign citizens imprisoned indefinitely at the United States Naval Station at Guantanamo Bay.

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

While there, he worked primarily on cases that addressed civil rights, habeas corpus matters, criminal sentencing, immigration, and prisoner and pro se appeals.

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

The decision as to costs seems targeted to discourage habeas corpus litigation that uses court time ineffectively.

In the alternative to a finding of a s. 12 or s. 7 violation, the amicus sought habeas corpus relief for Nguyen and an order for his release from Maplehurst, as he alone remained in detention.

This case raises questions about the fairness and effectiveness of awarding costs against self - represented inmates on unsuccessful habeas corpus applications.

The prisoner might be able to argue in a federal habeas corpus proceeding that the sentence being served is cruel and unusual, based on the federal sentencing guidelines, but usually the federal courts look to state practice to make these determinations for federal law, not the other way around.

And then (it might be obvious once you've answered those questions, but please spell it out anyway) why is habeas corpus so central to the law?

The Court held that the security certificate process, which prohibited the named individual from examining evidence used to issue the certificate, violated the rights to liberty and habeas corpus under sections 7, 9 and 10 (c) of the Charter.

Constitutional cases on habeas corpus challenges to bad laws and illegal restraint by the government

Voted YES on loosening restrictions on cell phone wiretapping Voted NO on preserving habeas corpus for Guantanamo detainees.

This was in reference to anti-terrorism laws and in particular the extension to pre-trial detention, that is perceived by many to be an infringement of habeas corpus established in Magna Carta.

The issue of pre-charge detention became a symbolic battle between civil liberties activists and the Home Office under Labour, with many observers noting that the government had effectively scrapped habeas corpus, considered by many constitutional historians to be the foundation of a free society.

just as i gained the relase of the dog on a writ of habeas corpus dogus, the dog died while we drove to the pound to take him home.

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.

The government also argued that habeas corpus review in individual cases satisfies any constitutional concerns stemming from prolonged detention.

Senator Feingold asked a few questions about habeas corpus, though there were no surprising revelations and the focus again was on the risk of wrongful convictions.

The detainee bill would prohibit habeas corpus petitions on behalf of aliens detained as enemy combatants.

The English common law of habeas corpus mandates the deprivation of liberty is prima face unlawful.

The threat of costs, from the court's perspective, may be the only thing keeping habeas corpus applications to a manageable number.

If this is true, the question becomes whether or not imposing costs on inmates for ill - conceived habeas corpus applications is an effective way to discourage further unmeritorious actions.

Third, inmates who must represent themselves because they can not afford a lawyer have no way of knowing how to formulate and write a good habeas corpus application, and the steepest of costs awards will not help to enlighten them.

But given the importance of the liberty interest at stake, inmates» lack of access to information and representation, and inmates» doubtful capacity to actually pay a costs award, perhaps costs are not an effective way of discouraging frivolous habeas corpus applications.

However, it is important to note that Justice Crighton's decision did not only follow the Alberta Rules of Court, but also relied on Alberta precedent for awarding costs against an unsuccessful self - represented habeas corpus applicant.