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Description Date Docket #

IN RE CRUZ

California Court of Appeal
Criminal Law & Procedure, Habeas Corpus
Factual findings made in an order in a habeas corpus proceeding have no collateral estoppel effect limiting a subsequent retrial of the criminal...
01/02/2003 B154156

IN RE ROBERTS

Supreme Court of California
Criminal Law & Procedure, Habeas Corpus
A habeas petitioner failed to show that the prosecution knowingly presented perjured evidence, and petitioner is not entitled to relief based upon a...
01/02/2003 S071835

ZEGARRA-GOMEZ v. IMMIGRATION & NATURALIZATION SERV.

United States Ninth Circuit
Criminal Law & Procedure, Habeas Corpus, Immigration Law
Where an alien habeas petitioner is deported after he files his petition, the fact of his deportation does not render the habeas petition moot where...
01/02/2003 01-57021

US v. RIGGS

United States Fifth Circuit
Criminal Law & Procedure, Habeas Corpus
The district court abused its discretion in equitably tolling the statute of limitations for an untimely 28 U.S.C. section 2255 motion, because mere...
12/30/2002 02-30396

JOHNSON v. HENDRICKS

United States Third Circuit
Criminal Law & Procedure, Habeas Corpus
Equitable tolling will not apply to the statute of limitations for a 28 U.S.C. section 2244(d)(1) habeas petition, where a prisoner relies on the...
12/30/2002 00-3633

NONNETTE v. SMALL

United States Ninth Circuit
Civil Rights, Criminal Law & Procedure, Sentencing, Habeas Corpus
Because any direct challenge to a disciplinary proceeding would be moot due to a former state prisoner's having served the incarceration portion of a...
12/26/2002 00-55702

DUNCAN v. BRADLEY

United States Ninth Circuit
Criminal Law & Procedure, Habeas Corpus
A state trial court's refusal to instruct the jury on an entrapment defense, in a second trial on drug sale charges, amounted to prejudicial...
12/24/2002 01-55290

US v. THIELE

United States Ninth Circuit
Criminal Law & Procedure, Sentencing, Habeas Corpus
A 28 U.S.C. section 2255 motion is available to prisoners claiming the right to be released from custody, but is unavailable for claims seeking other...
12/24/2002 01-15483

ELLIS v. US

United States First Circuit
Criminal Law & Procedure, Habeas Corpus
Although a trial judge used an incorrect procedure in dealing with a jury note, error was harmless under the circumstances. The law-of-the-case...
12/23/2002 01-2055/2067

EX PARTE WESLEY RONALD TULEY

Court of Criminal Appeals of Texas
Criminal Law & Procedure, Habeas Corpus
A habeas applicant's guilty plea did not preclude his actual innocence claim under Ex parte Elizondo, 947 S.W.2d 202 (1996).
12/20/2002 74,364

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