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UK forces accused of illegally detaining Afghans at Camp Bastion
May 30, 2013 by G. Redd
London-based Public Interest Lawyers on Wednesday accused the UK military of holding at least eight men without charge at the UK temporary holding facility in Camp Bastion, Afghanistan. Their clients have allegedly been held for over eight months without charge and without access to lawyers in.... [more]
Supreme Court rules on 'actual innocence' in federal habeas petitions
May 28, 2013 by Jaclyn Belczyk
The US Supreme Court ruled 5-4 in McQuiggin v. Perkins that "actual innocence ... serves as a gateway through which a petitioner may pass" in a federal habeas action. In Schlup v. Delo (1995) and House v. Bell (2006), the Supreme Court held that a convincing showing of actual innocence enabled.... [more]
Supreme Court rules on ineffective assistance of counsel claim
May 28, 2013 by Jaclyn Belczyk
The US Supreme Court ruled 5-4 Tuesday in Trevino v. Thaler that last term's decision in Martinez v. Ryan on ineffective assistance of counsel claims should apply in this case. In Martinez an Arizona procedural rule required a defendant convicted at trial to raise a claim of ineffective assistance.... [more]
Supreme Court rules defendant not entitled to federal habeas relief
May 20, 2013 by Jaclyn Belczyk
The US Supreme Court ruled unanimously Monday in Metrish v. Lancaster that respondent Burt Lancaster is not entitled to federal habeas relief. Lancaster was convicted of murder in a Michigan state court. At the time the crime was committed, the Michigan appeals court recognized "diminished.... [more]
Drone Strikes Threaten Habeas Corpus: A Proposed Solution [op-ed]
March 13, 2013 by Caleb Pittman
JURIST Guest Columnist Anthony D'Amato of the Northwestern University School of Law says that habeas corpus rights are too important for the executive branch to ignore, even in a time of war...US President Barack Obama asserts that he has the constitutional privilege and power to order the killing.... [more]
Supreme Court hears arguments in two habeas corpus claims
February 26, 2013 by Julia Zebley
The US Supreme Court heard oral arguments in two cases on Monday. First, the court heard McQuiggin v. Perkins and considered if "actual innocence" is an exception to not pursuing a timely habeas claim under the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA). The attorney for Greg.... [more]
Supreme Court holds that federal courts should defer to state rulings in habeas proceedings
February 21, 2013 by Julia Zebley
The US Supreme Court ruled unanimously Wednesday in Johnson v. Williams that in Tara Williams' case, the California Court of Appeal properly adjudicated her federal Sixth Amendment claim on its merits and should have been deferred to under the Antiterrorism and Effective Death Penalty Act of (.... [more]
Senator introduced bill to restore habeas rights, redefine 'enemy combatant' [this day at law]
February 13, 2013 by Kyle Webster
On February 13, 2007, former Sen. Chris Dodd of Connecticut introduced the Restoring the Constitution Act of 2007 in an effort to restore habeas corpus rights to all US-held detainees, ban the use of evidence gained by torture or coercion and narrow the definition "enemy combatant." The bill was.... [more]
Supreme Court rules habeas cases can proceed with lawyer, incompetent client
January 9, 2013 by Julia Zebley
The US Supreme Court ruled unanimously on Tuesday in the combined cases Ryan v. Gonzales and Tibbals v. Carter that there is no right to stay a federal habeas corpus proceeding until an inmate becomes competent. The court held, rather, that the proceeding can continue with only the attorney..... [more]
Federal judge affirms denial of habeas petition for Guantanamo detainee
December 16, 2012 by Cynthia Miley
A federal judge for the US District Court of Appeals for the District of Columbia Circuit on Friday affirmed a denial of a petition for habeas corpus from Guantanamo Bay detainee Khirullah Khairkhwa. The US District Court for the District of Columbia originally denied Khairkhwa's petition for.... [more]
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