Sentences with phrase «habeas corpus relief»

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.

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.

Today the Court granted certiorari to Harrington v. Richter, an ineffective assistance of counsel case challenging the issuance of habeas corpus relief by the Ninth Circuit based upon counsel's reliance on cross-examination and other methods to create reasonable doubt about the defendant's guilt rather than expert - opinion testimony.

The Ninth Circuit affirmed the district court's denial of habeas corpus relief.

The Schlup actual innocence exception recognized for successive petitions applies to the one - year statute of limitation for filing an original petition for habeas corpus relief.

During her third year of law school, Maria participated in the University of Georgia's Appellate Litigation Program, where she helped draft a brief for habeas corpus relief to the U.S. Court of Appeals for the Eleventh Circuit and participated in oral argument for that matter.

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.

Not exact matches

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.

In addition, Eric specializes in habeas corpus and post-conviction relief in state and federal courts.

He has many years of expertise defending all types of criminal charges including DUI and is effective at handling plea negotiations, advanced motion practice, bail hearings, criminal trials, appeals, vacating warrants, post-conviction motions (including habeas corpus and other writs and petitions), regulatory investigations, post-conviction licensing hearings, applying for certificates of relief from civil disability and for good conduct, commutation or expungement proceedings, and mitigating other consequences resulting from a criminal conviction...

Also, since a coup generally involves members of the military, whose habeas corpus rights arise only once they have exhausted their avenues for relief under the Uniform Code of Military Justice, the writ of habeas corpus wouldn't be a remedy available to them anyway.

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.

Some states have replaced the historical writ of habeas corpus with a procedural motion for post-trial relief in the underlying court case.

The coup will have prevailed (in which case the constitution is basically irrelevant) or will have failed (in which case habeas corpus will provide little relief to coup participants) by the time that the courts can get involved.

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.