Sentences with phrase «with habeas»

But, about a third to a half of collateral attacks of death penalty sentences with habeas corpus petitions are successful in U.S. courts.

The problem with Habeas relief is it could happen at any point.

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.

For his critics, these actions, combined particularly with his suspension of the writ of habeas corpus, revealed him to be a lawless and tyrannical ruler, one who had no regard for the constitutional limits of his own power.

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.

Of course, this is an important national security case with immense legal or constitutional implications which, we believe, should have been allowed the three deported South African mercenaries to enjoy some form of habeas corpus in a competent jurisdiction beyond the National Bureau of Investigations (BNI)'s proof of authority.

This time its guns, which you might agree with, but next time it might be habeas corpus and then it will be too late.

I can not get out of my head a 1984 - style image of Labour MPs, after an agreement with the LibDems, saying «We've always supported international law and habeas corpus and have always opposed ID cards».

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.

Blair tried to bring in 90 days detention without charge, but was roundly defeated in Parliament on the grounds that this was far too extensive a removal of liberty without the right to know what one is charged with (habeas corpus).

There's an audio commentary with director Adam Rifkin, which is moderated by Elijah Drenner; Habeas Corpus: The Making of Psycho Cop Returns, which is an hour - long documentary that talks to many members of the cast and crew; The Victims of Vickers — an interview with special effects artist Mike Tristano; and a DVD copy of the movie.

Her work has been featured in solo exhibitions at Cleopatra's in Brooklyn, NY, and at NADA, NY with Essex Flowers, and in group shows including 3 Sculptors, Rachel Uffner Gallery, NY, NY; For Views, Hercules Art Studio Program, NY, NY; Freedom Culture, The Journal Gallery, Brooklyn, NY; Habeas Corpus, Halsey McKay Gallery, East Hampton, NY.

Laurie Anderson premieres «Habeas Corpus», a new performance piece combined with an multi-media installation, at the Park Avenue Armory this weekend.

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.

But when it comes to the Guantanamo defendants now filing for habeas corpus in United States courts, the tables are turned, with Department of Justice lawyers struggling against an army of elite law firms and law professors who represent the detainees, according to the Wall Street Journal's editorial page:

As summarized in this coverage of the case by Tony Mauro, convicted murderr Keith Bowles was denied habeas relief, with 30 days to appeal.

At Crime and Consequences, Kent Scheidegger writes here that the ruling wont» affect habeas statute of limitations, which are not jurisdictional — and notes that the dissent is in line with recent trends to cut back on what is considered «jurisdictional.»

Smith merely chastizes a federal court for interfering with state procedure, reminding us that federal habeas procedures rest in comity for state governments, and federal courts should not step in where state courts have not yet trod.

Without regard to whether the judge's actions in this respect reach dimensions that would justify issuance of the habeas writ, it should be noted that a short continuance would have alleviated any problem with regard to the judicial elections.

I would expect that felonious child abuse would require the same sort of harm or thread of harm as is typical with the named crime of extortion.And to win a case on habeas it ought to be very clear that the otherwise final judgement is somehow wrong, so I would say the majority is on pretty solid ground.

A measure urging the Obama administration to ensure that any detainees who are expected to be charged with crimes be prosecuted in federal district courts and be given all rights of habeas corpus with full due process.

«A Magistrate shall discharge prisoners from their Imprisonment taking their Recognizance, with one or more Surety or Sureties, in any Sum according to the Magistrate's discretion» (Habeas Corpus Act 1679).

«And most recently, she «played fast and loose with her disclosure obligations» as regards exculpatory evidence, a third court found in a habeas case.

[A] s I understand it, habeas is suspended only with regard to non-citizens.

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.

The bulk of the ruling, with a majority ruling by Judge Reinhardt and a dissent by Judge Kozinski, concerns the intricacies of appellate and habeas procedure.

The Habeas Corpus Act of 1679 required that authorities release prisoners «with one or more Surety or Sureties» (money or something else of value).

Circuit courts have jurisdiction over all civil cases at law over $ 2,500 with limited exceptions; all civil cases in equity; proceedings in habeas corpus, mandamus, quo warranto, prohibition, and certiorari; and all felonies and misdemeanors.

The Respondents filed applications for habeas corpus with the Superior Court and sought a declaratory judgment based, inter alia, on s. 7 of the Charter.

U.S. Supreme Court Chief Justice Roger Taney ruled that the authority to suspend habeas corpus lay exclusively with Congress.

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.

Under such a scenario, the President and other branches of government could rely on the War Powers to dismiss procedural due process, which could potentially result in a complete suspension of an individual's fourth and fifth amendment rights along with a writ of habeas corpus.

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.

Habeas corpus has a symbolically central place in the law because it was the primary means by which a private individual could contest government authority over a person in a court of law where the citizen was in theory at least on an equal footing with the state.

For example, as arguing counsel, Tom has prevailed on behalf of bond purchasers, corporate civil defendants (three times), corporate civil plaintiffs (three times), a debtor, employees (twice), a habeas petitioner (three times), an immigrant, investors, an individual civil defendant, an individual criminal defendant, a local government, persons with disabilities, and shareholders.

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.

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.

Additionally he has 16 years of experience working with co-occurring disorders at the Oklahoma County Detention Center and with the Federal Public Defender Office, Habeas Corpus.