This blog is a discussion of strategic considerations in challenging the grounds for holding persons in custody, focusing primarily on direct appeal and petition for writ of habeas corpus in state and federal court. Because the author is a California practitioner, much of the content of this blog deals with post-conviction litigation originating in California. However, this blog also explores the symbolic and legal connections between these state-level battles and the so-called “war on terror.” These issues are linked by the willingness of governments to significantly reduce or entirely disregard the right to due process for particular individuals, often based on a mere allegation or a cursory showing that those individuals belong to some group that the government considers problematic.
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Great article on the Wrongful Convictions blog giving an overview of the state of the science on gunshot residue.Great article on the Wrongful Convictions blog giving an overview of the state of the science on gunshot residue.
Attorney General Eric Holder today discussed the legal rationale for targeted killing of American citizens suspected of involvement in terrorism, such as the assassination of Anwar Al-Awlaki. Holder said: Some have argued that the President is required to get permission from a federal court before...
There’s a really intriguing post on the Wrongful Convictions blog today discussing Seton Hall Law Professor D. Michael Resinger’s research on what the actual rate of wrongful convictions is in the United States (where “wrongful” does not merely mean legally incorrect but...
Worth a look, particularly because of the international content. Worth a look, particularly because of the international content.
Is is not “clearly established federal law,” for purposes of federal habeas review, that a prisoner is “in custody” when he is removed from the general prison population and questioned about events outside the prison, the United States Supreme Court held yesterday in Howes...
It seemed like a great legal showdown was going to take place today in the case of Yunus Rahmatullah, a Pakistani man who was captured by British forces in Iraq in 2004 and then handed over to American custody. An English court had ordered that Rahmatullah be produced by today, but apparently that...
Reading about today’s sentencing of “underwear bomber” Umar Farouk Abdulmutallab I can’t help wondering if anyone feels a twinge of cognitive dissonance. After all, Abdulmutallab has been given due process and will now serve his time in a federal prison. Meanwhile, the...
USC Law Professor Mary Dudziak has an op-ed in today’s New York Times pointing out an uncomfortable wrinkle in the Obama administration’s efforts to claim that the war in Iraq is “over” and that conflict in Afghanistan is winding down: that the US continues to detain people,...
KALW’s crime blog The Informant has a cool Q&A up today with Linda Starr, legal director of the Northern California Innocence Project, talking about how wrongful convictions happen. I love Starr’s comment on how a quirk of human cognition, which we all share, can sometimes lead...
The Ninth Circuit had some stern words yesterday for a prosecutor who sought to have his name removed from an opinion that previously referred to the fact that he committed misconduct. The court had previously discussed the actions of Assistant U.S. Attorney Jerry Albert, who (according to the...