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Certificate Of Appealability
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. The certificate may only be issued when the petitioner has made a "substantial showing of the denial of a constitutional right". The application may be made explicitly, but a notice of appeal made without a certificate of appealability is treated as an implicit application for the certificate. "To obtain a ertificate of appealability the etitionermust make a request to a district or circuit court judge. In the application, the etitionerincludes the issues he wishes to raise on appeal. In general, the application process is informal, there is no hearing, and the government rarely files a brief in response to the prisoner's request. The determination is simply made in chambers. If the district court judge denies the request, the etitionermay apply to the circuit ju ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Habeas Corpus In The United States
In United States law, ''habeas corpus'' () 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 those reasons or conditions. United States law affords persons the right to petition the federal courts for a writ of ''habeas corpus''. Individual states also afford persons the ability to petition their own state court systems for ''habeas corpus'' pursuant to their respective constitutions and laws when held or sentenced by state authorities. Federal ''habeas'' review did not extend to those in state custody until almost a century after the nation's founding with the Habeas Corpus Act of 1867. During the Civil War and Reconstruction, as later during the war on terror, the right to petition for a writ of ''hab ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
The University Of Chicago Law Review
The ''University of Chicago Law Review'' ( Maroonbook abbreviation: ''U Chi L Rev'') is the flagship law journal published by the University of Chicago Law School. Up until 2020, it utilized a different citation system than most law journals—the Maroonbook rather than the Bluebook. ''At the Bar'', David Margolick, ''New York Times''. It is published quarterly in print and also has an online companion, ''The University of Chicago Law Review Online''. ''The Dialogue''. History The ''Law Review'' was established in 1933.... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Federal Rules Of Appellate Procedure
Federal or foederal (archaic) may refer to: Politics General *Federal monarchy, a federation of monarchies *Federation, or ''Federal state'' (federal system), a type of government characterized by both a central (federal) government and states or regional governments that are partially self-governing; a union of states *Federal republic, a federation which is a republic *Federalism, a political philosophy * Federalist, a political belief or member of a political grouping * Federalization, implementation of federalism Particular governments *Government of Argentina * Government of Australia * Federal government of Brazil *Government of Canada * Cabinet of Germany *Federal government of Iraq *Government of India *Federal government of Mexico * Federal government of Nigeria *Government of Pakistan * Government of the Philippines *Government of Russia *Government of South Africa *Federal government of the United States **United States federal law **United States federal courts *Federa ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Coram Nobis
A writ of ''coram nobis'' (also writ of error ''coram nobis'', writ of ''coram vobis'', or writ of error ''coram vobis'') is a legal order allowing a court to correct its original judgment upon discovery of a fundamental error that did not appear in the records of the original judgment's proceedings and that would have prevented the judgment from being pronounced. ''Google Scholar'' In the United Kingdom, the common law writ is superseded by the Common Law Procedure Act 1852 ( 15 & 16 Vict. c. 76) and the Criminal Appeal Act 1907 ( 7 Edw. 7. c. 23). The writ survives in the United States in federal courts, in the courts of sixteen states, and the District of Columbia courts. Each state has its own ''coram nobis'' procedures. A writ of coram nobis can be granted only by the court where the original judgment was entered, so those seeking to correct a judgment must understand the criteria required for that jurisdiction. Terminology A writ is an official written command, while ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Antiterrorism And Effective Death Penalty Act Of 1996
The Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA), , was introduced to the United States Congress in April 1995 as a Senate Bill (). The bill was passed with broad bipartisan support by Congress in response to the bombings of the World Trade Center and Oklahoma City. It was signed into law by President Bill Clinton. Controversial for its changes to the law of habeas corpus in the United States, the AEDPA also contained a number of provisions to "deter terrorism, provide justice for victims, provide for an effective death penalty, and for other purposes." Background On February 10, 1995, Senator Joe Biden introduced the Omnibus Counterterrorism Act of 1995 to the United States Senate. Just as with its successor, the omnibus bill was introduced on behalf of the Clinton Administration. In the two months that the bill was debated in the Senate, little progress was made towards passage. Following the Oklahoma City bombing on April 19, 1995, a new antiterrorism ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Welch V
Welch, Welch's, Welchs or Welches may refer to: People *Welch (surname) Places *Welch, Oklahoma, a town, US *Welches, Oregon, an unincorporated community, US * Welch, Texas, an unincorporated community, US * Welchs, Virginia, an unincorporated community, US *Welch, West Virginia, a city, US *Welch Township, Goodhue County, Minnesota, US * Welch Township, Cape Girardeau County, Missouri, US *Welch Mountains, Palmer Land, Antarctica *Welch Peak, British Columbia, Canada * Welch Peaks, Washington, US * Welch Island, an island off of Mac. Robertson Land, Antarctica * Welch Rocks, north of Welch Island, Antarctica *2405 Welch, an asteroid In the military *Welch Regiment or The Welch, a former British Army regiment *Welch's Regiment of Militia, a unit in the Continental Army during the American Revolutionary War * USS ''Welch'', the name of a patrol craft and a gunboat Other uses *Welch's, US brand of fruit-based products *An archaic spelling of Welsh *Welch baronets, a title in the B ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of The United States
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all Federal tribunals in the United States, U.S. federal court cases, and over State court (United States), state court cases that turn on questions of Constitution of the United States, U.S. constitutional or Law of the United States, federal law. It also has Original jurisdiction of the Supreme Court of the United States, original jurisdiction over a narrow range of cases, specifically "all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party." In 1803, the Court asserted itself the power of Judicial review in the United States, judicial review, the ability to invalidate a statute for violating a provision of the Constitution via the landmark case ''Marbury v. Madison''. It is also able to strike down presidential directives for violating either the Constitution or s ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Slack V
Slack or Slacks may refer to: Places * Slack, West Yorkshire, a village in Calderdale, England * Slack (river), a river in Pas-de-Calais department, France * The Slack, a village in County Durham, England * Slacks Creek, Queensland, Australia, a suburb of Logan City Science and technology * Slack (project management), the time that a task in a project network can be delayed without delaying subsequent tasks or the overall project * Slack (software), a team communication tool that can be used for collaboration * Slack bus, an electrical power regulating system used to conduct load flow studies * Slack tub, used by a blacksmith to quench hot metal * Slack variable, a mathematical concept * File slack, a kind of computer internal fragmentation People * Slack (surname), a list of people Other uses * Slacks, another name for trousers * Slack Technologies, an American software company responsible for Slack software *''Slack Technologies, LLC v. Pirani'', a U.S. Supreme Court securit ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
