Under U.S. law, a person held in custody by a state may challenge his conviction or sentence by seeking a writ of habeas corpus in federal court. In September 2004, the applicant filed an application in the High Court for the constitutional writs of certiorari and mandamus. ...
writ of entry writ of execution c : the power and authority of the issuer of such a written order usually used with run outside the United States where … our writ does not run Dean AchesonExamples of writ in a Sentence The judge issued a writ of habeas corpus. He was served...
This rule prevents a prisoner from challenging a conviction through habeas corpus after serving out a sentence for the conviction. The law of habeas corpus is ever changing. In the 1990s, the U.S. Supreme Court took steps to further limit the writ's application. In Keeney v. Tamayo-Reyes,...
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The writ of Habeas Corpus, sometimes called the "great writ," is probably the best-known example of a writ. A writ of habeas corpus is a legal document ordering anyone who is officially holding the petitioner (the person requesting the writ) to bring him into court to determine whether ...
aLegal innocence is the absence of one or more procedural or legal bases to support the sentence given to a defendant. In the context of a petition for writ of habeas corpus or other attack on the sentence, legal innocence id often contrasted with actual innocence. Actual innocence, which fo...
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For more than a century, this Court has taught that statutes should be construed so that "no clause, sentence, or word shall be superfluous, void, or insignificant." Market Co. v. Hoffman, 101 U.S. 112, 115-16 (1879) (quoting Bacon's Abridgement of the Law, Section 2), quoted in...
1. In 1996, petitioner John Burkey, who was convicted and serving a sentence for a controlled substances crime, was found eligible to participate in the Bureau of Prisons' residential drug abuse program ("RDAP"). Upon completing the RDAP, petitioner was granted early release pursuant to 18 U...
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