Gitmo's Underlying Problem Nov 17, 2008
In fact some detainees could soon win their freedom through habeas corpus [contest detention] petitions to roam our communities waiting for trial or a country to accept them. In June, the Supreme Court ruled in Boumediene v. Bush that Gitmo detainees are entitled to seek their freedom through federal habeas corpus cases. (Human Events Online)
Solo Calls State Bar's Grievance Against Him 'Fascism' Nov 15, 2008
On June 2, Reposa filed an application for writ of habeas corpus with the state's Court of Criminal Appeals. As alleged in Ex Parte Adam Reposa, the prosecution for his contempt hearing introduced evidence of extraneous conduct by Reposa, including an apparently satirical ad for an attorney identified as "Bulletproof, the DWI Stud" published in Whoopsy. (Law.com)
Former Supreme Court Justice O'Connor to Join 3rd Circuit Panel Nov 15, 2008
In the arguments, the panel will tackle several novel questions in the areas of the Americans with Disabilities Act, gun laws, habeas corpus petitions and occupational safety law ... The second case, Burkey v. Marberry, focuses on whether a federal prison inmate's habeas corpus petition is rendered moot as soon as he is released from prison, or, as the defendant argues, remains vital because he is continuing to serve out his term of "supervised release.". (Law.com)
Court rejects Ala. death penalty appeal Nov 15, 2008
The 11th U.S. Circuit Court of Appeals agreed Friday with a lower court, which said Robert Bryant Melson's habeas corpus petition was not timely filed. The courts said rules required the filing within a year of the U.S. Supreme Court's March 2001 decision not to hear his direct appeal. (WSJA.com, AL)
UPDATE: Half-dozen state agencies accessed records of 'Joe the Plumber'... Nov 15, 2008
They violate the 5th and 6th Amendment by suspending habeas corpus. They violate the 8th Amendment by torturing at Gitmo. (The Drudge Report)
Why is it OUR job? Nov 15, 2008
Usually college students, etc who were detained as suspected terrorists or accomplices, and their god-given American rights to habeas corpus, etc were instantly voided ... Many legal and constitutional scholars contended that these provisions were in direct opposition to habeas corpus and the United States Bill of Rights. (Atlanta Journal-Constitution -- Opinion)
Doctor says on oath that shell improve her handwriting Nov 15, 2008
She had prepared ossification report of Narmada Solanki, whose father had filed habeas corpus petition in the HC after she went missing this July. The court expressed dismay at the doctors handwriting, and sought an undertaking that henceforth she will write reports in a legible hand. (India Times, India -- Community News)
Trial Date Not Set For Councilwoman Nov 15, 2008
Quintanas attorney, Stephen Peters, filed a motion of denial of habeas corpus. The court is now waiting for Peters to file a brief which is due Monday. (KFOXTV.com, TX)
In case Obama asks ... Nov 14, 2008
And there is no way he can justify use of secret prisons abroad and denial of habeas corpus to detainees. Obama also should reject warrantless spying on Americans. (Albany Times Union)
Pawlenty paints picture for GOP Nov 14, 2008
reject the misnamed Patriot Act, warrantless wiretaps, the loss of habeas corpus, and all other attacks on our freedoms enshrined in the U.S. Constitution and Bill of Rights. not tolerate infringement of our first amendment rights to freedom of speech, freedom of and from religion, freedom of assembly, and redress of grievances. (Atlanta Journal-Constitution)
Suspect in boy's slaying fights charge Nov 14, 2008
Mr. Gettleman filed a habeas corpus motion, essentially asking Judge Manning to throw out the case. After hearing arguments from Mr. Gettleman and Assistant District Attorney Lisa Pellegrini yesterday, Judge Manning said he would rule on the motion within 30 days. (Pittsburgh Post-Gazette, PA)
Living Things Return With 'Let It Rain' to Advance Habeas Corpus Album Nov 14, 2008
NEW YORK, Nov. 13 /PRNewswire/ -- "Let It Rain," the lead track from Living Things' forthcoming album, Habeas Corpus will go to alternative radio on Monday, November 17 ... Habeas Corpus' lyrical point of view covers life, love, money, religion and war in these turbulent times ... Habeas Corpus is the second album released from the band. (Yahoo! Wire -- Entertainment News)
* Work begins to repair rule of law Nov 14, 2008
Members from both parties voted for laws like the Military Commissions Act of 2006, which stripped detainees of habeas corpus rights, and looked the other way while the rule of law was diminished. Still, Feingold is convinced that this is a critical moment. (Taipei Times, Taiwan -- World Business)
Bagram's Black Hole Nov 13, 2008
As they put it in their brief to the court opposing dismissal of Ruzatullah's habeas case: "Freedom from arbitrary executive detention dates to the Magna Carta, is not limited territorially, and is one of the most fundamental tenets of the rule of law." They also object that enemy combatant determinations don't meet the demands of the Military Commissions Act (MCA); that such indefinite incarceration violates the Geneva Conventions and U.S. law; and that the MCA is unconstitutional because it... (Law.com)
First Rights: Time bomb for our liberties in Bush legacy Nov 13, 2008
Last June, the Supreme Court reversed one section of the MCA that prohibited terror suspects held at Guantanamo from using habeas corpus to petition our civilian courts. But still in this law is a section authorizing the president to designate as an "enemy combatant ... a person," including an American citizen, "who has engaged in hostilities or who has purposely and materially supported hostilities against the United States." Lawful permanent noncitizens living here can also be made to fit that... (Hanford Sentinal, CA)
Dismantling Guantanamo Nov 13, 2008
To underscore the point, the conservative Supreme Court has declared them unlawful not once but twice, first in (when the justices ruled that the commissions lacked proper congressional authorization and violated due-process guarantees provided by the Geneva Conventions and the Uniform Code of Military Justice) and more recently in (when the justices concluded that the Military Commissions Act of 2006Congress' legislative effort to sanction the commissionsamounted to an unconstitutional... (Slate)
Sutherland's Atlanta Office Loses Prominent Husband-and-Wife Duo Nov 12, 2008
Chandler has led Sutherland's pro bono representation of six Yemeni detainees imprisoned at the U.S. Naval Base in Guantanamo Bay, Cuba since 2005, when the firm filed habeas corpus petitions on their behalf. Since then, this work has become a significant and time-consuming pro bono endeavor for him -- as well as several other Sutherland lawyers involved in the effort. (Law.com)
Why cant there be more transparency in judicial appointments ... Nov 12, 2008
They include the Keshav Singh case of 1964 which led to the first standoff between the executive and the judiciary; Indira Gandhi s election case which unseated her as Prime Minister, leading to the imposition of Emergency; the habeas corpus case in which the Supreme Court declared that during an Emergency there was no right to life or liberty and no recourse against illegal detention. Together, they offer a broad perspective of the evolution of Indian law and the interpretation of the... (Hindu)
Court rejects Manoharans habeas corpus bid Nov 12, 2008
Court rejects Manoharans habeas corpus bid ... Court rejects Manoharans habeas corpus bid ... KUALA LUMPUR: Kota Alam Shah assemblyman M. Manoharan has failed for the third time to get out of Kamunting after the High Court dismissed his application for a writ of habeas corpus on Wednesday. (The Star Online, Malaysia -- News)
Jeff Harland Wilson: Shame on you, Rep. Broun Nov 12, 2008
They attempted to eliminate habeas corpus, stripping citizens (not just "terrorists") of the most basic right to appear in court and plead their cases. They reversed the Posse Comitatus Act, giving themselves broad authority to use our own military against us. (Athens Banner-Herald)
Six Years Inside Gitmo: A Journalist's Tale Nov 12, 2008
When the Supreme Court ruled 5-4 last June that Guant;namo's remaining prisoners are entitled to habeas corpus hearings to justify their detention, Guant;namo became an election issue ... Since then government attorneys have presented few habeas corpus documents to justify holding the suspects, saying more time was needed to assemble and vet the evidence. (Time.com)
ILLINOIS STYLE: NIU law prof represents detainees Nov 11, 2008
It was after the U.S. Supreme Court ruled in June 2004 that the federal court had the authority to hear habeas corpus positions brought by Guantanamo prisoners. Falkoff had experience working habeas corpus petitions, where convicted state prisoners ask a federal court to review their court trial, and he had defended death-row inmates. (Mattoon Journal-Gazette, IL)
A Long Train of Abuses Nov 11, 2008
The Patriot Act took up items on the Justice Department s wish list left over from Clinton s dreadful Antiterrorism and Effective Death Penalty Act of 1996, which trashed habeas corpus protections ... The outrages perpetrated against habeas corpus under Republicans and Democrats alike, for example, have been innumerable, many of them little publicized ... Goodbye habeas corpus. (The American Conservative)
LETTERS: NCT, Nov. 10, 2008 Nov 11, 2008
Will you be happy if Obama were to continue torture, arresting people without habeas corpus, wiretapping and expanding bombings into Syria at will without communicating intent with the government of Syria, continue with more tax cuts and borrowing more money from China by insisting we protected them from anthrax Iraq attacks. Please, say it isn't so, so we can get on with denouncing the nonsense this has always been. (North County Times)
Though some recall President Bush as caring and concerned, I believe he's wrecked the GOP Nov 11, 2008
DanielH wrote on Nov 10, 2008 5:05 PM:" Bush's legacies will persist into the Obama administration and I expect him to build more upon them:war.spying.violation of habeas corpus.Possible further attacks to justify more "change ... DanielH wrote on Nov 10, 2008 4:58 PM:" Joe: Are you comforted by Bush's legacy of spying on the family household, and violation of habeas corpus? ". (Lodi News Sentinel, CA)
Court orders Raja Petra's release from ISA detention Nov 8, 2008
SHAH ALAM: Raja Petra Raja Kamarudin, editor of popular news portal Malaysia Today, was freed after the High Court here allowed his application for a writ of habeas corpus seeking his release. . (The Star Online, Malaysia)
Detention order unlawful Nov 8, 2008
High Court judge Justice Syed Ahmad Helmy Syed Ahmad (pic) allowed the bloggers application for a writ of habeas corpus seeking his release ... Habeas corpus (which means you have the body in Latin) is a judicial mandate to a prison official ordering that the prisoner be brought to court so it can be determined whether he is detained lawfully. (The Star Online, Malaysia -- News)
Govt may appeal against court decision Nov 8, 2008
The Bar Council said in a statement that the decision by the High Court judge in Raja Petras habeas corpus application gives us hope that the judiciary has acted and will act with courage, integrity and independence when the liberty of an individual is threatened by the arbitrary use of power under the ISA. Its president Datuk Ambiga Sreenevasan said it bode well for the nation that the Judiciary had shown that it was prepared to hold the Executive accountable for any abuse of its powers. (The Star Online, Malaysia -- News)
Trial for 6 Algerian Guantanamo Bay detainees begins Nov 7, 2008
A team of pro bono defense lawyers filed a habeas corpus petition on behalf of the men in 2004, invoking their constitutional right to a hearing before a judge. But the hearings were delayed until after a Supreme Court ruling in June. (Boston Globe)
The legal minefield awaiting Team Obama Nov 7, 2008
The protections afforded by habeas corpus and the Geneva Conventions have been taken out the back and shot ... Bush thought he could suspend habeas corpus for his detainees. (Sydney Morning Herald -- Opinion)
Court frees Raja Petra Nov 7, 2008
High Court judge Justice Syed Ahmad Helmy Syed Ahmad on Friday morning allowed the bloggers habeas corpus application. Justice Syed Ahmad also ordered for Raja Petra to be brought to the Shah Alam High Court before 4pm for his immediate release. (The Star Online, Malaysia)
Good ol' boys off song Nov 7, 2008
"There will be some reversal of the things that Bush took away from us - privacy, habeas corpus, due process.". Obama, says Bageant, is "not trigger-happy and the rest of the world likes him. That's a good start after the last eight years. But it doesn't matter if Obama is carried into the White House by Jesus Christ and a five-piece band; he won't be able to do anything because (a) the country is incredibly broke and (b) the Congress is still bought and sold. Higher education and health care... (Sydney Morning Herald -- World)
What advice to you have for President-elect Barack Obama? Nov 7, 2008
DanielH wrote on Nov 6, 2008 12:20 PM:" Condemn President Bush's legacy of habeas corpus violation, and enactment of the Patriot Act to spy on the family. Eliminate wire-taps on your citizens. ". MARZO2008 wrote on Nov 6, 2008 11:39 AM:" The clear winner and the right person to get thing done and right for america. we don't need another four years of mistakes. change will come in a good way. T & C eat your words. oh, remember Thanksgiving is coming and we will be thankful at least this year. The... (Lodi News Sentinel, CA)
* Experts on Taiwan slam recent detentions Nov 6, 2008
This is a severe contravention of the writ of habeas corpus and a basic violation of due process, justice and the rule of law, they said. The authors includes Nat Bellocchi, former chairman of the American Institute in Taiwan; Steve Yates, former national security aide to US Vice President Dick Cheney; Coen Blaauw and Gerrit van der Wees of the Formosan Association for Public Affairs (FAPA); John Tkacik of the Heritage Foundation; David Prager Branner, director of the American Oriental... (Taipei Times, Taiwan -- World)
Attorney says sheriff could be in contempt Nov 6, 2008
MONTROSE Claiming disregard of a writ of habeas corpus, defense attorney Dan Shaffer asked the court to order a hearing that would require the sheriff to explain why he s not in contempt ... He d filed a motion for a writ of habeas corpus on Oct. 20 ... Habeas corpus orders officials at a detention facility to produce an inmate in court so a judge can determine whether the inmate s detention is lawful. (Montrose Daily Press, CO)
An end to the squandering of lives, fortunes and honor Nov 6, 2008
They used fear and invoked national security to suspend the right of habeas corpus, the foundation of our freedoms. For these and far too many other sins and transgressions , we the people had every right, and perhaps a duty, to cast them aside. (Athens Banner-Herald)
Heads in the sand Nov 5, 2008
the suspension of habeas corpus and assaults on the Constitution, spying on American citizens, a record number of signing statements to avoid the laws passed by Congress, abrogation of treaties with friendly nations, total mismanagement of (intentional. the Katrina disaster in New Orleans; increase of the national debt by spending 10,000,000,000 a month to support an illegal war in Iraq while at the same time giving a tax break to the richest among us (McCain wants to make the Bush tax cuts for... (Green Valley News & Sun, AZ)
Death Penalty Reinstated in Kyle Dinkheller Case Nov 5, 2008
Habeas Corpus to Brannan in July 2008 ... Writ of Habeas Corpus, Brannan may appeal to the U.S. Supreme Court. (Dublin Courier Herald, GA)
Guantanamo's final days Nov 4, 2008
Common Article 3 holds that trials of both prisoners of war and of captured combatants not granted that status must adhere to judicial guarantees "recognized as indispensable by all civilized peoples." The Supreme Court has already ruled that Congress acted unconstitutionally in stripping prisoners of their habeas corpus rights. The 2006 law also permits evidence gained through coercive methods, and limits inmates' rights to confront witnesses. (Boston Globe)
Remember 2004? It ain't over. Nov 4, 2008
They used fear and invoked national security to suspend the right of habeas corpus, the foundation of our freedoms. For these and far too many other sins and transgressions to list in so short a space as this, we the people have every right, and perhaps a duty, to cast them aside, and with them their only hope of avoiding justice and judgment John McCain, who voted with them 90 percent of the time. (Atlanta Journal-Constitution -- Opinion)
What Would Obama Do With Gitmo’s Inmates? Nov 3, 2008
As he said in San Antonio in June of this year: We're going to restore habeas corpus;We're going to lead by example -- by not just word but by deed ... He said these tribunals eliminated the right of habeas corpus [through which] we could have given the accused one chance -- one single chance -- to ask the government why they are being held and what they are being charged with. (Human Events Online)
* Washington-based group slams opposition arrests Nov 2, 2008
This is a severe contravention of the writ of habeas corpus and a basic violation of due process, justice and the rule of law. In the meantime, the prosecutors offices leak detrimental information to the press. (Taipei Times, Taiwan)
Gitmo Terror Suspects Would Salute Obama Win Nov 1, 2008
We have worked closely with Senator Obama, the group proclaimed in its official endorsement, which said habeas corpus was in danger because of the treatment of enemy coalition troops captured in the war on terrorism ... The court did not strike down their legality, per se, only the law passed in 2006 that took away the habeas corpus rights of the terrorism suspects to seek full judicial review of their detention. (Newsmax)
Election 2008 Oct 31, 2008
He was right when he voted against denying Habeas Corpus rights to Guantanamo Bay detainees. I was appalled when Sen. (Corvallis Gazette Times, OR)
LETTERS: NCT, Oct. 29, 2008 Oct 30, 2008
Do you know nothing of Abu Ghraib, of Bush's desecration of our Constitution, of habeas corpus, waterboarding, torture. If not, do not vote. (North County Times)
Khadr lawyers to ask judge to bar trial on war crimes Oct 30, 2008
The habeas corpus case argues that Mr. Khadr, a Canadian citizen who was only 15 when he was captured on an Afghanistan battlefield in 2002 after a fierce firefight, is entitled to special protection as a child soldier. It contends the Bush administration has violated U.S. laws and international treaties by failing to treat him as a juvenile and a child soldier. (Globe and Mail)
Hindraf five judicial review adjourned Oct 28, 2008
Earlier, counsel for the five men, Karpal Singh, informed the court that Tuesdays hearing was for a judicial review of the Federal Courts rejection of their habeas corpus appeal to be freed but the grounds of judgment had yet to be written. On May 14 2008, a three-member panel of the Federal Court headed by Chief Judge of Malaya Datuk Alauddin Mohd Sheriff (now Court of Appeal President) dismissed their appeal after ruling that the order for their detention at the ISA camp in Kamunting,... (The Star Online, Malaysia -- News)
Will 'Country First' extend past Nov. 4? Oct 27, 2008
A filibuster is nothing more than filing a habeas corpus. It s an important instrument for the safeguarding of individual freedom against arbitrary political action. (Atlanta Journal-Constitution -- Opinion)
Under the gun Oct 27, 2008
timbrackett wrote on Oct 26, 2008 10:16 AM:" avee--bush has detained citizens of the u.s. for "war crimes" while denying them habeas corpus. it seems to me that most conservatives only care about three issues. the ability to own any gun they want, abortion and redistributing the wealth into the hands of those who are already wealthy. they will allow anything else to happen, including the crimes cf1981 mentioned, as long as it furthers one of those three causes. ". css wrote on Oct 26, 2008 11:12... (Waterloo-Cedar Falls Courier)
Stay of execution issued for convicted cop killer Oct 25, 2008
The court granted a 25-day stay so Davis' legal team can file a new habeas corpus brief with a lower court, Davis' attorney, Jay Ewart, told CNN.. MacPhail's mother, Annaliese, said she was angry. (CNN -- US)
Supreme Court: Constitutional Crisis Oct 23, 2008
Obama has campaigned on a promise that "I will restore habeas corpus for detainees." McCain called the ruling "one of the worst decisions in history," one that "opens up a whole new chapter and interpretation of our Constitution.". Justice Antonin Scalia, another judge whom Obama would not have appointed, recently slammed the view of a "living Constitution" endorsed by Obama. (Investors Business Daily)
Listen to Rush Limbaugh for truth Oct 22, 2008
The denial of habeas corpus is plainly unconstitutional. Luckily Bill Clinton didnt have the PA to use against his political enemies. (DeKalb Daily Chronicle, IL)
Syed Hamid's interview with The Star Online Oct 22, 2008
Even under Section 73, you can file habeas corpus ... Even under detention by the Minister, the due process is that you can still bring habeas corpus in order to determine whether the grounds (cited) by the Minister is correct or not. (The Star Online, Malaysia)
From London, a rebuke to U.S. approach on terrorism Oct 22, 2008
Though the British have been disparaging of Guntanamo, secret detentions and the denial of habeas corpus to terrorist suspects in the United States, there has been a greater intrusion on individual privacy here than in America. Surveillance cameras are ubiquitous in subway stations. (International Herald Tribune)
Lauer to Obama: How Will You 'Manage Expectations' of 'Messiah?' Oct 22, 2008
Lauer to Obama: How Will You 'Manage Expectations' of 'Messiah. --10/21/2008-- Media Research Center. (MediaResearch.org)
Convicted killer challenges his death sentence Oct 22, 2008
The California public defender filed a habeas corpus petition on behalf of Smithey claiming that he is mentally retarded and cannot be executed. His argument is based on the Atkins v. Virginia decision. (San Andreas Calaveras Enterprise, CA)
Bush chooses to keep Guantánamo open, officials say Oct 21, 2008
Bush's decision followed an internal review of the implications of the Supreme Court's ruling in June that the remaining 250 detainees at Guantnamo have the right to make habeas corpus appeals in U.S. courts. The ruling, in Boumediene v. Bush, undercut a core rationale for keeping the prison off American soil, raising expectations that Bush might at last move to close it, a prospect he first raised in June 2006. (International Herald Tribune)
U.S. Senate Race: Gordon Smith vs. Jeff Merkley Oct 17, 2008
I fully support prosecuting the war on terrorism, both at home and abroad, but have also repeatedly voted to preserve due process by granting Habeas Corpus rights to detainees and broke with my party in voting to ban the practice of torture. Jeff Merkley: The first thing we need to do to change Washington is to change senators. (Klamath Falls Herald & News, OR)
Supreme Court Argument Report: Justices Review Jury Instructions Oct 16, 2008
The 9th Circuit granted habeas corpus relief, finding that Sarausad's due process rights were violated by ambiguous jury instructions ... The 9th Circuit affirmed the district court's grant of habeas corpus relief, finding that the erroneous jury instructions constituted structural error not subject to harmless error review. (Law.com)
First Rights: Obama doesnt get McCain on torture Oct 16, 2008
He voted for the Detainees Treatment Act of 2005 that stripped Guantanamo Bay prisoners of their habeas corpus rights (until the Supreme Court tried to intervene). That law added an "appeal" procedure that prevented prisoners from appealing their conditions of confinement -- where the "coercive interrogations" and brutal force-feeding happened with no objection from McCain. (Hanford Sentinal, CA)
Commentary: Free the Uighurs! Oct 15, 2008
The decision by Judge Ricardo Urbina sparked apoplexy inside the government, even though the decision exemplified the simple, sole purpose of habeas corpus -- ending illegal detention ... The Uighurs are proper beneficiaries of the Framers' decision to guarantee habeas corpus in the Constitution. (Law.com)
Uighurs without a country Oct 15, 2008
Those obstacles notwithstanding, it's always a shame when the US judiciary treats basic rights, such as habeas corpus, the way Massachusetts drivers treat "yield" signs. There is no good reason to hold the 17 any longer. (Boston Globe)
Step right up for the $20b red-spot special Oct 14, 2008
It used to be that to prove your patriotic love for this great country, all you had to do was uncomplainingly surrender your right to habeas corpus. Nowadays, you have to be cool about personally underwriting the Government's guarantee that by the end of this decade, no Australian bank will live in poverty. (Sydney Morning Herald -- Opinion)
In Iowa, McCain criticizes Obama, but turns down the heat Oct 14, 2008
timbrackett wrote on Oct 13, 2008 11:33 PM:" xdfredi've mentioned several civil liberties we have lost in several comments, but you ignore comments that include facts so you must have missed those comments. but again, i am referring to the fact that american citizens are being held without habeas corpus. i'm referring to american citizens being subject to wiretap without a warrant (including our soldiers and charity workers abroad). and obama doesn't want to take our guns away either--that is an... (Waterloo-Cedar Falls Courier)
Rights of prisoners at Guantanamo Bay to be topic of lawyers speech Oct 13, 2008
When the Supreme Court ruled in 2004 that the detainees at Guantanamo Bay, Cuba, were entitled to legal representation, NIU College of Law professor Marc Falkoff was one of the principal attorneys to provide habeas corpus representation to more than a dozen prisoners being held there on suspicion of terrorism ... when fear and the so-called war on terror threaten the important right of Habeas Corpus ... Habeas corpus, Falkoff was quoted in the release, guarantees that the President... (DeKalb Daily Chronicle, IL)
