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Cullen v. Pinholster, 563 U.S. 170, is a 2011 United States Supreme Court case concerning evidentiary development in federal habeas corpus proceedings. Oral arguments in the case took place on November 9, 2010, and the Supreme Court issued its decision on April 4, 2011.
A transportation order that allows a prisoner to search for new evidence—in this case an order compelling the State to transport Mr. Twyford to a medical facility for neurological testing—is not “necessary or appropriate in aid of” a federal court’s adjudication of a habeas corpus action when the prisoner has not shown that the ...
Congress authorized federal courts in 28 USC § 2254 to grant habeas review when the state process was "ineffective to protect the rights of the prisoner". The exhaustion requirement recognized in Ex parte Hawk was codified in the 1948 amendment to § 2254: "This new section is declaratory of existing law as affirmed by the Supreme Court.
Rather, he wrote, the case at hand depended on whether federal rights could be vindicated in federal courts pursuant to a statute written by the U.S. Congress (28 U.S.C. § 2254, governing habeas corpus petitions). [1]
1. This is an action to vindicate the federal constitutional rights of residents of Chicago, Illinois, to keep and bear arms under the Second and Fourteenth Amendments to the United States Constitution. 2. The Supreme Court has unequivocally declared that the Second Amendment “guarantee[s] the individual right to possess and carry” arms.
Allen held that federal courts had statutory authority under the Habeas Corpus Act of 1867 to hear collateral attacks on state convictions for constitutional error, even if the state courts had already adjudicated the federal question fully and fairly, unless there was a state ground for procedural default. [6]
A person's specific rights and duties depend on the federal statute involved, but here is an outline of how the doctrine works in practice. "Exhaustion of administrative remedies" requires a person to first go to the agency which administers the statute; this process usually involves filing a petition, then going to a hearing, and finally using ...
Habeas corpus petitions are a very old judicial process, dating back to the 12th century in England. [10] More recently, the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA), codified in 28 U.S.C. § 2254, had imposed particular limits on how federal courts in the U.S. handled habeas corpus petitions from prisoners in state prisons.