justice or judge shall immediately order the issuance of the writ if on its face it ought to issue. The clerk of court shall issue the writ under the seal of the court; or in case of urgent necessity, the justice or the judge may issue the writ under his or her own hand, and may ...
摘要: See also Miller & Shepherd, New Looks at an Ancient Writ: Habeas Corpus Reexamined, 9 U.Rich Powell, joined by Justice Rehnquist and Chief Justice Burger, launched a vigorous attackon what they deemed to be a revisionist interpretation of the habeas corpus statute33...
Arroyo declared martial law and suspended the privilege of writ of habeas corpus in Maguindanao supposedly to preempt a rebellion by the Ampatuan clan whose member, Datu 鈥Manila Bulletin
and Fred Korematsu- who refused to go willingly were upheld by the Supreme Court in 1943 and 1944. But a woman, Mitsuye Endo, who obediently went to camp and then filed for a writ of habeas corpus, won her case. The Supreme Court subsequently ordered her re...
Chapter 3 The "Writ of Liberty" in a Regime of Conquest: Habeas Corpus and the Colonial Judiciary In J. H. Baker's Introduction to English Legal History there is a surprising opening reminder to those who would assume the writ of habeas ... N Hussain - The Jurisprudence of Emergency: Co...
Barry Froschauer appeals from the district court's denial of his petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. He challenges the constitutionality of his state conviction for child molesting and criminal deviant conduct on the grounds that his Sixth Amendment right to effec...
See 28 U.S.C. (2006), § 1257. There is, as it will be mentioned, a possibility for lower federal courts to review state court decisions via habeas corpus. This writ, however, is limited to violations of liberty and thus basically restricted to criminal cases. ...
A writ of habeas corpus is still available for particular uses in Florida, but for this discussion it has essentially been replaced by the Rule 3.850 motionCan the Rule 3.850 motion for post-conviction relief be used to challenge DNA evidence? The Rule 3.850 motion for post-conviction relief ...
warranted disturbing the underlying judgment, and denied his motion. The district court also considered claims that were advanced for the first time at the hearing and treated those claims, appropriately so, as a successive petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. In...
One Limitation on the Use of the Writ of Habeas Corpus The Supreme Court of Washington has described the writ of habeas corpus as being the appropriate remedy for a person who has been illegally deprived of his liberty. This description was made by way of preface to a holding that emphatical...