Seeking a habeas corpus petition on the grounds that a defendant’s detention is unconstitutional is difficult. In order to appeal a denied habeas corpus petition, a defendant must obtain a certificate of appealability. The Second Circuit Court of Appeals took a step in the right direction to streamline this difficult process when it decided Illarramendi…Read More
Habeas corpus, otherwise known as the Great Writ, is a way for the defendant to challenge his detention by the government as unlawful. Given that courts so rarely grant writs of habeas corpus, the petition is sometimes considered a last-ditch strategy to avoid serving a prison sentence. In fact, courts have issued habeas corpus writs…Continue Reading A Rare Win for Habeas Corpus Petitioner
In this week’s roundup, we’re going to take a look at the current state of the United States Supreme Court calendar, and get quick summaries of all of the criminal cases that are before the Court this term. But, before diving into the cases, here’s a little background on how the Court administers its cases.…Continue Reading Supreme Court Case Roundup: Recent Criminal Cases
On December 6, 2018, the U.S Supreme Court heard oral argument in the case of Gamble v. United States, No. 17-646. Because we covered the Gamble case in some detail last week, we thought it only fitting that we give you the blow-by-blow on how the oral argument went before the Court. A Little Background…Continue Reading Gamble v. United States on Double Jeopardy
On December 6th, the U.S. Supreme Court heard oral argument in the case of Gamble v. United States, which concerns double jeopardy and the separate sovereigns doctrine. Without question, this case will have massive implications for our country.Why? Because, at its core, this case calls into question the ability of both the federal government and…Continue Reading Gamble v. United States: Double Jeopardy and Separate Sovereigns Doctrine
Today the Supreme Court heard oral argument in Sessions v Dimaya. Most people have probably never heard of this little case, but in the world of criminal defense and immigration law Sessions v Dimaya has the potential to be a landmark decision. Sessions v Dimaya – It’s All About The “Residual Clause” At issue in Dimaya is whether…Continue Reading Sessions v Dimaya - How Will Justice Gorsuch Vote?