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In habeas case, the liberal justices try to untangle a complex statute

SCOTUSBlog

Hendrix , a case that exemplifies the Gordian knot that is the federal habeas corpus statute. Under Section 2255(h), a prisoner can bring a second or successive petition based only on facts that clearly demonstrate actual innocence or a new rule of constitutional law that the Supreme Court has made retroactive.

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On the narrow road to challenge a federal conviction, when is a vehicle “inadequate”?

SCOTUSBlog

Jones involves a federal prisoner who is legally innocent – the conduct a jury found he committed isn’t a crime. 922(g) prohibits people with felony convictions from possessing a firearm. But should that fact relieve him from his 27-year prison sentence? In the Supreme Court’s habeas corpus jurisprudence, the answer is never simple.

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Was Rittenhouse’s Possession of the AR-15 Unlawful?

JonathanTurley

However, the most damaging moment came outside of the presence of the jury when the judge drilled down on the law. He told the prosecutors “I have been wrestling with this statute with, I’d hate to count the hours I’ve put into it, I’m still trying to figure out what it says, what’s prohibited. I have a legal education.”

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California Dreaming: Newsom’s Kidnapping Claim Against DeSantis is Long on Politics and Short on the Law

JonathanTurley

.” The problem, however, is that this is just like the transport of migrants to Martha’s Vineyard in September 2022, which a number of Democratic leaders and legal experts insisted was also a clear case of kidnapping and human trafficking. Newsom previously asked the U.S. To great acclaim, Rachael Rollins, then the U.S.

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“Without any Doubt, Beyond a Reasonable Doubt, Beyond any Doubt”: Tribe Declares Trump Committed Attempted Murder

JonathanTurley

There is also no compelling legal basis for the claim. ” ) In other words, the natural and probable consequences doctrine may apply to felony murder, but it is not properly applied to attempted murder. ” I guess there is no doubt. Those are plenty to start with.”. ” [Citation.]’ ’ [Citations.]”

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How The Surgical Charging of Hunter Biden Ignores a Pattern of Concealment

JonathanTurley

Moreover, they testified that the statute of limitations on the most serious charges related to these foreign payments were knowingly allowed to expire by the Justice Department, even though it would have been possible to extend the statute of limitations. First, there are the tax violations.

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The House ‘Concentrates the Mind’ of Hunter Biden with a Game-Changing Subpoena

JonathanTurley

The quote came to mind after reading the response of Abbe Lowell, legal counsel for Hunter Biden, to the issuance of subpoenas for Hunter and other family members by the House Oversight Committee. That may now change. If Hunter lies to congressional investigators, he can be charged with a federal crime. That will now change.

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