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Full case name: IN RE: KENNETH HUMPHREY, on Habeas Corpus. Holding; Undecided at Supreme Court. The Court of Appeal, First District, Division 2, California, held that setting money bail in an amount a defendant cannot possibly afford amounts to unconstitutional detention of a person before they have been convicted of a crime.
Lockyer v. Andrade, 538 U.S. 63 (2003), [1] decided the same day as Ewing v. California (a case with a similar subject matter), [2] held that there would be no relief by means of a petition for a writ of habeas corpus from a sentence imposed under California's three strikes law as a violation of the Eighth Amendment's prohibition of cruel and unusual punishments.
Other than the fact that the statute does provide for the appointment of counsel for certain indigent clients, the basic procedures (contained in § 1473, et seq., and California Rules of Court, rules 4.545 to 4.552) for pursuing a habeas petition remain unchanged. [28] If the claim were to succeed, the statute does not specifically mandate a ...
Argument: Oral argument: Case history; Prior: For Stone v.Powell: . convicted (Superior Court of San Bernardino County); affirmed (California Court of Appeal, 1969); habeas corpus petition denied (California Supreme Court); habeas corpus petition denied (Northern District of California); reversed, 507 F.2d 93 (9th Cir. 1974), certiorari granted, 422 U. S. 1055 (1975)
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 ...
Habeas corpus (/ ˈ h eɪ b i ə s ˈ k ɔːr p ə s / ⓘ; from Medieval Latin, lit. ' you should have the body ') [1] is an equitable remedy [2] by which a report can be made to a court alleging the unlawful detention or imprisonment of an individual, and requesting that the court order the individual's custodian (usually a prison official) to bring the prisoner to court, to determine ...
County of Riverside v. McLaughlin, 500 U.S. 44 (1991), was a United States Supreme Court case which involved the question of within what period of time must a suspect arrested without a warrant (warrantless arrests) be brought into court to determine if there is probable cause for holding the suspect in custody.
Ju Toy, the number of habeas corpus petitions filed by Chinese in the Northern District of California plummeted from 153 cases in 1904, to 32 in 1905 and to 9 in 1906. [15] The Ju Toy decision also led the district court in San Francisco to often dismiss Chinese petitions for habeas corpus, unless "there was evidence that the officials had ...