Search Results for: habeas corpus

Peruvian law students from the Facultad de Derecho y Ciencias Políticas, Universidad Nacional de San Antonio Abad del Cusco are reporting for JURIST on law-related events in and affecting Perú. All of them are from CIED (Centro de Investigación de los Estudiantes de Derecho, a student research center in UNSAAC’s faculty of law dedicated to spreading legal information [...]

On June 6, 2023, an en banc panel of the United States Court of Appeals for the Third Circuit ruled that 18 U.S.C. §922(g)(1), the “felon in possession of a firearm” statute, is unconstitutional as applied to one individual, Bryan Range. While the decision purports to be “a narrow one” the rationale that underpins the [...]

The UK government Tuesday unveiled its Illegal Migration Bill, which would require the deportation of anyone who illegally entered the UK and passed through a safe country. If passed, the home secretary will have the power to enforce the legislation. The bill comes under the scope of one of UK Prime Minister Rishi Sunak’s “5 [...]

The US Department of Defense Friday announced the release of Asadullah Haroon Gul, an Afghan national who had been held for 15 years without charge in the Guantánamo Bay detention camp. Gul was incarcerated in Guantánamo Bay in 2007 on accusations of being a member of Al-Qaeda and Hezb-e-Islami (HIA), an insurgent group that fought [...]

As a criminal defense attorney practicing post-conviction law for nearly twenty years, I’ve watched the Supreme Court whittle away convicted defendants’ right to contest their wrongful state convictions. The most recent example is the Supreme Court’s opinion in Shinn v. Martinez Ramirez, which prevents prisoners from entering federal court to litigate claims that were forfeited [...]

The US Supreme Court Thursday held that prisoners on death row may challenge their state’s method of execution under 42 U.S.C. § 1983. In Nance v. Ward, the court addressed the issue of whether a death row inmate could bring a case challenging the method of execution they will face. Petitioner Michael Nance received a death [...]

The US Supreme Court Tuesday ruled in a 5-4 decision that federal courts may not order states to transport inmates to find new evidence without first deciding of any resulting evidence would be admissible in court. In 1993 Raymond Twyford was convicted of aggravated murder and sentenced to death by an Ohio jury. Twyford was [...]

The State of New York Court of Appeals Tuesday ruled that Happy the elephant is not a “person” subject to illegal detention and thus cannot invoke habeas corpus. In 2018, the Nonhuman Rights Project filed a petition for a common law writ of habeas corpus in order to transfer Happy from the Bronx Zoo to an [...]

The US Supreme Court Monday granted both Jones v. Hendrix and Securities and Exchange Commission (SEC) v. Cochran certiorari based on their petitions. Both of these cases were added to the 2022-2023 docket. Jones v. Hendrix is an Eighth Circuit habeas corpus case about 28 US Code § 2255. Under § 2255, federal inmates can collaterally challenge [...]

Arizona authorities Wednesday executed Clarence Dixon for the 1978 rape and murder of an Arizona State University student despite Dixon’s lawyers’ attempts to halt the execution. Dixon’s execution was Arizona’s first since 2014. On Tuesday the US Court of Appeals for the Ninth Circuit upheld District Judge Diane Humetewa’s decision to deny Dixon’s petition for habeas [...]