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Since Murphy had filed a federal habeas corpus petition in his challenge to the Tenth Circuit, the opposing party to his challenge was the "authorized person having custody of the prisoner", [19] this being Interim Warden for the Oklahoma State Penitentiary, Mike Carpenter. Carpenter was represented by attorneys that also represent the interest ...
In the most common types of habeas corpus proceedings in the United States federal courts, a certificate of appealability is a legal document that must be issued before a petitioner may appeal from a denial of the writ. [1] The certificate may only be issued when the petitioner has made a "substantial showing of the denial of a constitutional ...
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 ...
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 ...
Wainwright v. Sykes, 433 U.S. 72 (1977), was a United States Supreme Court case decided on June 23, 1977. In a 7–2 decision by Associate Justice William Rehnquist, the Court held that, if a state prisoner fails to raise a federal constitutional claim at trial or on appeal in a manner in keeping with the state's requirements, and cause and prejudice for this failure cannot be shown, that ...
[2] Prior to the Act's passage, prisoners in the custody of one of the states who wished to challenge the legality of their detention could petition for a writ of habeas corpus only in state courts; the federal court system was barred from issuing writs of habeas corpus in their cases.
Jay Leno has filed for conservatorship over his wife, Mavis Elizabeth Leno, because she suffers from dementia.According to court documents obtained by ET, the late-night TV legend filed the ...
Under the AEDPA's new standards, when a prisoner's claim has been adjudicated in state court, that individual's petition for habeas corpus shall not be granted unless the state court decision "was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States". [24]
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