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Case history; Prior: 297 F.2d 851 (4th Cir. 1962); 313 F.2d 347 (4th Cir. 1963): Holding; A state prisoner who has been placed on parole, under the "custody and control" of a parole board, is "in custody" within the meaning of 28 U.S.C. § 2241; and, on his petition for a writ of habeas corpus, a Federal District Court has jurisdiction to hear and determine his charge that his state sentence ...
Kemp, 258 Ga. 649, 373 S.E.2d 184 (1988), cert. denied, 490 U.S. 1012, 109 S.Ct. 1658, 104 L.Ed.2d 172 (1989) The Georgia Supreme Court affirmed the denial of habeas corpus by the Superior Court of Butts County, and in 1989, the U.S. Supreme Court refused to hear his appeal of the 1988 Georgia Supreme Court ruling. After the Georgia Supreme ...
The Supreme Court of Georgia is located at the Nathan Deal Judicial Center in Atlanta. The Supreme Court of Georgia is the highest judicial authority of the U.S. state of Georgia. The court was established in 1845 as a three-member panel, increased in number to six, then to seven in 1945, and finally to nine in 2017. [1]
Petition for writ of habeas corpus granted, Wiggins v. Corcoran, 164 F. Supp. 2d 538 (D. Md. 2001); reversed, 288 F.3d 629 (4th Cir. 2002); cert. granted, 537 U.S. 1027 (2002). Holding; The performance of Wiggins' attorneys at sentencing violated his Sixth Amendment right to effective assistance of counsel. Court membership; Chief Justice ...
The United States Court of Appeals for the Eleventh Circuit found that Nance's request for a firing squad, which is not authorized by Georgia law, constituted an attack on his death sentence and thus had to be filed in the context of a writ of habeas corpus. Then, the court found the request was "second or successive," and vacated and remanded ...
Under the Antiterrorism and Effective Death Penalty Act of 1996, prisoners are barred from filing "second or successive" petitions for habeas corpus unless they meet certain exceptions, including if the Supreme Court has set forth a "new rule of constitutional law." However, there is no analogous exception for changes in the interpretation of ...