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Habeas Corpus

Today's Must Read
By Murphy, Pat | Publication: Lawyers USA | Filed In: Habeas Corpus and Criminal Law
A habeas petitioner who was effectively "abandoned" by his lawyers demonstrated sufficient cause to excuse his failure to meet a state deadline for appealing the denial of postconviction relief, the U.S. Supreme Court...
Business Journal
By Reynolds, Louisa | Publication: NotiCen: Central American & Caribbean Affairs | Filed In: Presidential Elections and Elections
In a new twist to the saga of former President Alfonso Portillo (2000-2004), on Nov. 15, President Alvaro Colom officially ratified the extradition order that will allow the former president to face trial...
Business Journal
By Ogden, Tony | Publication: Lawyers USA | Filed In: Lawyers and Legal Services
Do your client communications more closely resemble "Moby Dick" than Ashton Kutcher's latest tweet? If so, you might want to consider cutting a few words before hitting "send." Clients today receive their information...
Business Journal
By Atkins, Kimberly | Publication: Lawyers USA | Filed In: Appeals and Trial & Procedure
A year after holding that sentencing a juvenile to life without parole in non-murder cases violates the Constitution's Eighth Amendment ban on cruel and unusual punishment, the U.S. Supreme Court has agreed to...
Business Journal
By Murphy, Pat | Publication: Lawyers USA | Filed In: Deportation and Immigration Law
Aliens who were in the country illegally cannot obtain damages from federal agents for their allegedly unconstitutional detention, the 9th Circuit has ruled in affirming judgment. The four plaintiffs sought political asylum in...
Business Journal
By Atkins, Kimberly | Publication: Lawyers USA | Filed In: Plea Agreements and Criminal Law
Sometimes criminal defense attorneys mess up. But just what, if any, constitutional remedy is available to defendants when their attorneys are ineffective at the plea bargaining stage? During oral arguments in the case...
Business Journal
By Cassidy, R Michael | Publication: Vanderbilt Law Review  | Filed In: Plea Agreements and Criminal Law
HEADNOTE In a criminal justice system where guilty pleas are the norm and trials the rare exception, the issue of how much discovery a defendant is entitled to before allocution has immense significance....
Business Journal
Publication: Business Wire | Filed In: Judges and Trial & Procedure
In a case representing a record third exoneration in one year, NCIP lawyers assist in getting a Los Angeles man's murder and attempted robbery convictions set aside by uncovering new evidence of innocence...
Press Release
By Samson, Christian | Publication: Labour/Le Travail | Filed In: Montreal, PQ, Canada and Quebec, Canada
LA PRESENCE MIGRANTE CHINOISE au Canada remonte a la ruee vers l'or de 1858, sur la riviere Fraser, en Colombie-Britannique actuelle. Un contexte economique precaire ainsi qu'une discrimination faciale de plus en plus...
Business Journal
By Said, Wadie E | Publication: Brigham Young University Law Review | Filed In: Sentencing and Criminal Law
TABLE OF CONTENTS I. INTRODUCTION ............................................................................... 1456 II. Pre-9/11 Terrorism Jurisprudence ......................................... 1459 A. The First Appearance of "Terrorism" ................................... 1460 B. Criminal Syndicalism ............................................................ 1461 C. From World War II Through the...
Business Journal
By Goldschmidt, Jona | Publication: Judicature | Filed In: Ethics and Society, Social Assistance & Lifestyle
HEADNOTE Ghostwriting should be recognized as a legitimate means of providing limited legal representation to those unable to afford full representation in order to provide them access to justice. You're an attorney -...
Business Journal
By Yackle, Larry | Publication: Judicature | Filed In: US State Government and Regional & Local Governments
Untangling the twists of habeas corpus Habeas for the Twenty-First Century, by Nancy J. King & Joseph L. Hoffmann. University of Chicago Press. 2011. 272 pages. $45.00 Take it from me. The One...
Business Journal
By Hoffmann, Joseph LKing, Nancy J | Publication: Judicature | Filed In: Capital Punishment and Sentencing
HEADNOTE How can we make the American criminal justice system more just? Jrustice means, first and foremost, ensuring that defendants are not onvicted of crimes they did not commit. The criminal justice system's...
Business Journal
By Rodriguez, George | Publication: NotiCen: Central American & Caribbean Affairs | Filed In: Investigations and Trends & Events
By midafternoon on May 11, the maximum-security section in the Centro Penitenciario La Reforma, Costa Rica's major jail facility, was about to become the starting point of a bloody prison-break attempt, which was...
Business Journal
By Phillips, JoeLee, Se-In | Publication: Judicature | Filed In: Judges and Trial & Procedure
HEADNOTE The inflexible application of the "extrajudicial source" test to the fact-finder judge imperils public faith in the impartial decision maker - the heart of due process. Should the standard for récusai differ...
Business Journal
By Blackman, Josh | Publication: Harvard Journal of Law and Public Policy  | Filed In: Jews & Judaism and Religious Groups
INTRODUCTION ....................................................... 952 I. LIBERTY AND EXTERNALTTLES-A COASEAN VIEW OF FREEDOM ................................................ 958 II. THE SUPREME COURT AND THE SECOND AMENDMENT ......................................................... 963 A. District of Columbia v. Heller and McDonald v. City...
Business Journal
By Sousa, Michael D | Publication: Yale Journal on Regulation | Filed In: Search & Seizure and Law Enforcement
HEADNOTE Since the Middle Ages, bankruptcy laws have been concerned with preventing and deterring fraudulent debtors, most notably debtors who willfully fail to fully disclose all of their assets to their creditors. This...
Business Journal
By Hsieh, Sylvia | Publication: Lawyers USA | Filed In: Postconviction Proceedings and Criminal Law
The U.S. Supreme Court has agreed to decide whether a defendant in a state criminal case has a federal constitutional right to effective assistance of counsel in his first postconviction proceeding in light...
Business Journal
By Callegari, John | Publication: Long Island Business News | Filed In: US State Government and Regional & Local Governments
Republican lawmakers in Nassau County were stymied today in their attempt to redraw the district lines for legislative districts after a State Supreme Court justice granted a temporary restraining order putting a stop...
Business Journal
By Anonymous | Publication: NOTIMEX | Filed In: Counterterrorism and Crime Prevention
La Habana, 4 May (Notimex).- Un comité internacional convocó para este jueves a una jornada mundial por la libertad de cinco agentes cubanos encarcelados en Estados Unidos convictos de espionaje, mientras un alto...
Business Journal

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Business Glossary

Definitions for: habeas corpus
habeas corpus

procedure for obtaining a judicial determination of the legality of an individual's custody. Technically, it is used in the criminal law context to bring the petitioner before the court to inquire into the legality of his confinement. The writ of federal habeas corpus is used to test the constitutionality of a state criminal conviction. The writ is used in the civil context to challenge the validity of child custody and deportations.

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