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Why a judge in Kansas is releasing immigrants, including convicted criminals
Federal judge John Lungstrum in Kansas orders the release of immigrants detained beyond six months without deportation, citing constitutional habeas corpus rights.
SCOTUS narrows federal bar on ‘successive’ PCR filings
The U.S. Supreme Court ruled AEDPA’s bar on successive habeas claims does not apply to federal prisoners filing §2255 motions.
Commentary: Taking Your Case to the Appellate Emergency Room
Filing a writ petition is a lot like going to the emergency room. How quickly you get relief depends on your injury’s urgency and severity.
SCOTUS scolds circuit panel for off-the-rails ruling
The U.S. Supreme Court reversed a Fourth Circuit ruling granting a new trial in a Maryland second-degree murder conviction, citing improper habeas review.
Trump administration’s lawsuit against all of Maryland’s federal judges meets skepticism in court
A judge on Wednesday questioned why it was necessary for the Trump administration to sue Maryland’s entire federal bench over an order that paused the immediate deportation of migrants challenging their removals.
Trump administration sues Maryland federal judges over order blocking removal of immigrants
The Trump administration has filed a lawsuit against federal judges in Maryland over an order that blocks the immediate removal of any detained immigrant who requests a court hearing.
Justices cement high bar for serial habeas petitions
U.S. Supreme Court affirms that a second habeas petition filed while the first is on appeal is “second or successive” under AEDPA, requiring appellate authorization.
New twist in Ozark murder case: Supreme Court appoints special master in Nash habeas case
The Missouri Supreme Court on Oct. 1 made the unusual decision to sustain a state inmate’s petition for a writ of habeas corpus and to appoint a special master to […]
Criminal Law: Habeas Corpus-Ineffective Assistance of Counsel-Death Penalty
Petitioner appealed the denial of his habeas petition, alleging that trial counsel was ineffective for failing to investigate and present mental health evidence and for giving the jury an expert […]
Criminal Law: Habeas Corpus-Mistrial-Double Jeopardy
Petitioner was convicted in Minnesota state court, after the trial court had declared a mistrial after empaneling a jury because an unforeseen injury to the prosecutor could have delayed […]
Criminal Law: Habeas Corpus-Earned Compliance Credits-Probation
Where a defendant was issued a writ of habeas corpus based on his argument that he was being illegally detained because he was entitled to receive earned compliance credits […]
Criminal Law : Habeas Corpus – Arson Conviction – Arkansas Law
Booth v. Kelley (MLW No. 71421/Case No. 17-1218 – 5 pages) (U.S. Court of Appeals, 8th Circuit, Shepherd, J.)
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