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United States v. Morgan, 346 U.S. 502 (1954), is a landmark decision [1] by the United States Supreme Court which provides the writ of coram nobis as the proper application to request federal post-conviction judicial review for those who have completed the conviction's incarceration in order to challenge the validity of a federal criminal conviction.
Herrera v. Collins, 506 U.S. 390 (1993), was a case in which the Supreme Court of the United States ruled by 6 votes to 3 that a claim of actual innocence does not entitle a petitioner to federal habeas corpus relief by way of the Eighth Amendment's ban on cruel and unusual punishment.
In United States law, habeas corpus (/ ˈ h eɪ b i ə s ˈ k ɔːr p ə s /) is a recourse challenging the reasons or conditions of a person's confinement under color of law.A petition for habeas corpus is filed with a court that has jurisdiction over the custodian, and if granted, a writ is issued directing the custodian to bring the confined person before the court for examination into ...
While habeas corpus can be filed in state or federal court, all state avenues must be exhausted first. In the United States federal court system the writ of habeas corpus is used most frequently to review state court convictions. Federal statutes (28 U.S.C. §§ 2241–2256) outline the procedural aspects of federal habeas corpus proceedings. [10]
Fay v. Noia, 372 U.S. 391 (1963), was a 1963 United States Supreme Court case concerning habeas corpus.In a majority opinion authored by Justice William J. Brennan, Jr., the Court held that state prisoners were entitled to access to habeas relief in federal court, even if they did not pursue a remedy in state court that was not available to them at the time.
In his decision, U.S. District Judge David M. Lawson granted the writ of habeas corpus petition and explored alternative theories as to how the bottle could have ended up at the scene, noting that ...
The conviction and sentence were affirmed by the Texas Court of Criminal Appeals on December 18, 1996. A petition for writ of certiorari was denied by the Supreme Court of the United States on October 6, 1997, and further appeals for writ of habeas corpus were denied by his trial court and Texas Court of Criminal Appeals in 1998 and 2002 ...
In 1978, Hillery filed a petition for a writ of habeas corpus in federal court, which granted the writ, citing grand jury discrimination. [5] The Court of Appeals affirmed this ruling. [6] In 1986, his original conviction was overturned by the U.S. Supreme Court. [7] Hillery was retried later that year, [8] and was again convicted in the second ...
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