What will be the nationality of a surrogate baby? Aug 21, 2008
"Which law bans surrogacy?" the bench asked angrily while casting doubts on the locus standi of the NGO to move a writ petition before the Rajasthan high court with a habeas corpus petition seeking to secure the child from being taken away to Japan without conforming to the procedure under Indian law. "Which law permits surrogacy?" was the quick counter from Sharma. (India Times, India -- Community News)
Things I learned in the news Aug 21, 2008
The other extreme alternative is to decree that the USA be a bully who denies habeas corpus rights and practices torture. Thus we will continue under the rule of the "decider" close to that extreme. (Waterloo-Cedar Falls Courier)
First Rights: Truly American trials of terrorism suspects Aug 21, 2008
As a voter, I want to know who John McCain and Barack Obama have in mind for their attorney general, because all three of Bush's chief law enforcement officials have enabled the incumbent president to do -- with regard to the Guantanamo Bay military commissions and much else -- what Justice Anthony Kennedy warned against in this year's Boumediene v. Bush decision, a ruling that restored habeas corpus rights to the prisoners at Guantanamo Bay ... Sid wrote on Aug 20, 2008 3:34 PM:" Osama bin... (Hanford Sentinal, CA)
Baby Majhhi case: SC awards custody to grandmother Aug 20, 2008
Earlier, SATYA had filed a habeas corpus petition in the Jaipur High Court, claiming that in the absence of a surrogacy law in the country the legitimacy of the baby cannot be claimed by anyone. Manjis grandmother is currently in Delhi and will approach the Japanese Embassy to seek travel documents for Manji. (Zee News)
Uncovering Crimes Aug 14, 2008
As a young clerk in the court of appeals, the soft-spoken, French-educated man had denied habeas corpus petitions filed on behalf of Pinochet's victims, who eventually comprised 3,000 citizens slain or disappeared during the 1970s and '80s. Guzmn seemed the very embodiment of bureaucratic effectiveness and brutality. (San Francisco Chronicle -- Entertainment)
Ill and in pain, detainee dies in U.S. hands Aug 13, 2008
But the lawyers say the grueling July 30 trip appeared to be an effort to prove that Ng was faking illness, and possibly to thwart the habeas corpus petition they had filed in Rhode Island the day before seeking his release for medical treatment. The federal judge who heard that petition on July 31 did not make a ruling, but in an unusual move insisted that Ng get the care he needed. (International Herald Tribune)
Trudging Through Augh-ust Aug 12, 2008
The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it. No bill of attainder or ex post facto Law shall be passed. (Atlanta Journal-Constitution -- Sports)
Top 10 Movies Within Movies : Inspired by Tropic Thunder, we list our favourite ... Aug 11, 2008
Habeas Corpus (The Player). The focus of Robert Altman's hilarious skewering of Hollywood The Player, 'Habeas Corpus' was initially a downbeat script about a woman on death row, with no stars and a downbeat ending - "She's dead because that's the reality - the innocent die." It gets the Hollywood treatment from jittery exec Tim Robbins however, and soon the film stars Bruce Willis and Julia Roberts in the lead roles and has a horribly cheesy, feel-good ending. (IGN FilmForce)
Hearing addresses 'streak' Aug 11, 2008
On July 30, Parks Miller filed a writ of habeas corpus to challenge the charges against Burke, saying her client's actions did not "affront or alarm" onlookers and should be dismissed. At the Friday hearing to address Burke's writ of habeas corpus, Sloane challenged Parks Miller's argument that anyone who saw Burke during the streak was a "willing onlooker.". (Daily Collegian, PA)
Bin Laden driver may not go free after sentence ends Aug 10, 2008
They also worry about possible precedents that could be set in US courts if Hamdan's attorneys immediately file a habeas corpus petition seeking his release in five months. Copyright 2008 Globe Newspaper Company. (Boston Globe)
In Review of High Court Term, Justice Kennedy Still the Man in the Middle Aug 8, 2008
A 5-4 majority, , held that the Military Commissions Act of 2006 unconstitutionally stripped the federal courts of their habeas corpus jurisdiction over Guantanamo Bay detainees. "We have a lot of new constitutional law," said of Princeton University's Woodrow Wilson School for Public and International Affairs. (Law.com)
A split decision on military commissions Aug 8, 2008
It was his appeal to the Supreme Court in Hamdan v. Rumsfeld that resulted in the high court affirming the right of habeas corpus for detainees and sending the commission system back to Congress for reworking. The next step in Hamdan's case is a military appeals court and after that he can appeal to the U.S. civilian courts. (Scripps Howard News Wire)
It's clear that the Iraq surge isn't working Aug 7, 2008
And so we were asked to surrender the right to privacy, and the notion that every person accused has a right to counsel, to see the evidence against them and to demand an impartial hearing by exercising their right to file a writ of habeas corpus. So whether you're a supporter or an opponent of the war, the surge has not worked. (Albany Times Union)
Govt counsel not objecting to letter on Hindraf advisers diabetic menu Aug 7, 2008
Justice Suraya said the tendering of pleading (a formal statement) to the court would be closed, and ordered both parties to file written submissions for the habeas corpus application by tomorrow ... Uthayakumar, in his habeas corpus application filed on May 22, had cited medical neglect and threat to his life ... Najib then told the court that Uthayakumar could not apply to summon Dr Ong to give his opinion over the menu as the habeas corpus application was a trial by way of affidavits. (The Star Online, Malaysia -- News)
Forget about flavour and paint the town beige Aug 6, 2008
Law, for example, has all that sub judice and habeas corpus stuff; contempt of court, burden of proof and double jeopardy, not to mention writ and estoppel, statute, lien and tort. Medicine positively quivers with its aqueous humours and myocardial infarctions, its medullas and amygdalas, metacarpals, metatarsals and mitochondria, plus any number of osises, itises, opathies and ectomies. (Sydney Morning Herald -- Opinion)
Judge takes on death row gridlock Aug 4, 2008
Currently, 88 inmates on death row have no lawyer for either their mandatory direct appeals or the habeas proceedings that follow, according to Michael Laurence, executive director of the state s Habeas Corpus Resource Center, who was interviewed by Alarcon. And 197 have lawyers for the direct appeal but not for the more complex habeas cases, he said. (Yahoo News -- Death Penalty)
LETTERS: NCT, Aug. 3, 2008 Aug 4, 2008
Within a week of each other the Court ruled that detainees at illegal prisons like Guantanamo had the right of habeas corpusANDthat the 2nd Amendment confers to individual Citizens the RIGHT to keep firearms, specifically handguns, in their homes ... But the Court ruling that detainees at Gitmo having habeas corpus rights, breaks with nearly 200 years of legal opinions. (North County Times)
Border, Fence and Mucho Dinero Aug 4, 2008
Where are the statesmen in their own party who will speak truth to power and stop these traitors' assaults on the right of habeas corpus, freedoms from unreasonable searches, and the other rights for which patriots have fought. I think we are waiting to see if the next administration embraces the fraud and sleaze of this one. (Yahoo News -- Immigration)
Is it safe to travel by rail? Aug 3, 2008
As well, the US has brought out the Patriot Act, the Military Commissions Act of 2006, FEMA detention camps, extraordinary renditions by the CIA, the death of habeas corpus, cameras that see through clothes at airports and the list goes on. Do yourself a favour and inform yourself. (TheChronicleHerald.ca)
‘More time to get more evidence' Aug 3, 2008
Under habeas corpus laws, Del Norte County District Attorney had until July 28 to charge Miller with a crime or release him. Due to a lack of evidence, Riese said he could not charge Miller because it was unclear whether a crime occurred within Del Norte County's jurisdiction based on the evidence available. (Daily Triplicate)
Extradition efforts on for pair charged in California killings Aug 3, 2008
Terrazas said if Napolitano grants the extradition, she plans to file a petition for a writ of habeas corpus to determine if the men are being imprisoned illegally. Advertisement. (Douglas Daily Dispatch, AZ)
How US can get its groove back Aug 2, 2008
By flouting basic rules - such as habeas corpus, the Convention Against Torture, and the Geneva Conventions - the US government has created a series of "law-free zones." In these zones detainees have been abused, thousands held indefinitely without charges, and human rights trampled on. Second, by practicing what we preach. (Boston Globe)
An era of shame we can ill afford to forgive or forget Aug 2, 2008
When Australia turned its back on the rule of law, abandoning habeas corpus and restricting the right to legal assistance, bad things happened to good people. Peter Qasim, a Kashmiri asylum seeker, was locked up in Port Hedland, Curtin, Woomera and Baxter detention centres for seven years. (Sydney Morning Herald -- Opinion)
Blank Checks and Imbalances Aug 2, 2008
Having now failed twice to cut courts out of the enemy-combatants game, Mukasey, in a , called on lawmakers to again put federal district judges out of the habeas corpus business. Repeating here for the subtext-impaired: Courts are somehow bad, and judges are somehow dangerous. (Slate)
Streak participant asks court to drop charges Aug 1, 2008
A writ of habeas corpus filed in Centre County Court on Wednesday asks that Elizabeth Burke's charges of open lewdness and disorderly conduct be dismissed because the commonwealth failed to provide enough evidence to support the charges ... In the habeas corpus motion, Parks Miller writes Burke's conduct did not offend onlookers because the "willing spectators" gathering to watch the Mifflin Streak knew they were going to witness nudity. (Daily Collegian, PA)
Judge ticks off Uthayakumars lawyer for delay in hearing Aug 1, 2008
KUALA LUMPUR: A High Court judge ticked off the defence over the delay in the hearing of the habeas corpus application by Hindu Rights Action Force (Hindraf) legal adviser P. Uthayakumar about his alleged medical neglect. Justice Suraya Othman told Uthayakumar's lawyer S.Y. Chew yesterday that she was delaying the matter. (The Star Online, Malaysia -- News)
ELECTION 2008: No incumbents in State House, District 25 race; candidates focused on Nov. 4 Aug 1, 2008
First, whether it is an issue in my personal life or is it an issue faced in a official position representing another s interest, and second, whether it is an issue involving what I believe is a universal principle, like habeas corpus, due process and basic freedoms. The latter are stick to my guns issues from both a personal and an official perspective, Boyer continued. (Sierra Vista Herald, AZ)
Notice to BBMP over magic boxes Jul 31, 2008
Techie and husband reunited The habeas corpus case involving an IBM techie was solved on Wednesday morning when the police produced her in court. Shrutha Rokhade, a software engineer, told the court she is willing to live with her husband and colleague, Mohit Mohan. (Times of India)
Rep. Smith fails litmus test Jul 31, 2008
His support of the Military Commissions Act of 2006 effectively quashed habeas corpus, the right to question imprisonment. He gave the green light for warrantless wiretapping and subsequently flushed the Fourth Amendment down the toilet with his vote for the Electronic Surveillance Modernization Act. (The Daily Texan, TX)
Sizing Up the 2007-08 Supreme Court Term Jul 30, 2008
The one relevance of the export tax clause is that it's three clauses away from the clause you have heard of called the habeas corpus clause and that one got some play this term in the Court's now annual ritual of visiting Guantanamo and "enemy combatants." Off they went again, and this time they decided in a case called , which was one of the 5-4 Justice Kennedy swing-vote decisions that looked like last term ... What they decided was sort of very interesting -- I think extraordinary in a... (Law.com)
A victorious Sonny and the mix is on Jul 30, 2008
The NRL, in response, could argue promissory estoppel, self-defence, habeas corpus and Mabo (I'll get back to you on the details for that last one). The NRL could seek a Mareva injunction, the result of which would be to make Williams return to Queensland and live in a small town called Mareva. (Sydney Morning Herald -- Opinion)
PHILADELPHIA INQUIRER: Injustice, for all to see Jul 30, 2008
But push ahead, the Bush administration did-with the approval of a federal judge in Washington, who said Hamdan's habeas corpus appeal of his detention had to wait until his tribunal concluded. Well, guess what. (Fresno Bee -- Opinion)
LETTERS: NCT, July 29, 2008 Jul 30, 2008
GWB has robbed us of our RIGHT to habeas corpus on many an occasion via his coining the term "enemy combatant" to attempt circumvent the Constitution and the Geneva Conventions. Whether you know it or not, the Constitution, Article 6 Section 2 says "This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land". (North County Times)
Democrat Connolly AimsAt Congressional Seat Jul 30, 2008
I wholeheartedly agree with the decision by the U.S. Supreme Court that the deprivation of habeas corpus rights to Guantanamo Bay prisoners constitutes a violation of the Constitution. Torture is not an American value. (South County Chronicle, VA)
Officials wait autopsy results Jul 27, 2008
In order to adhere to habeas corpus, which forces authorities to justify why they are detaining someone, he must charge Miller with a crime by Monday. "I need to see some evidence between now and Monday to help me with that decision," Riese said. (Daily Triplicate)
Rewriting the rules of American justice Jul 27, 2008
Mukasey said Congress should allow the government to introduce secret evidence at habeas corpus hearings and limit prisoners' rights to introduce testimony or call witnesses. He derided the notion that detainees should get "a full dress trial." He even expressed doubt that prisoners needed to attend their hearings. (International Herald Tribune -- Ed/Op)
POLITICS HITS THE WALL... Jul 25, 2008
Power, pop, and probings from ABC News Senior National Correspondent Jake Tapper. is ABC News' Senior National Correspondent based in the network's Washington bureau. (The Drudge Report)
Where the government has failed its citizens Jul 25, 2008
Already gone are many of the rights guaranteed to us by the First Amendment, the Fourth Amendment and the writ of Habeas Corpus. Our leaders profess to be bringing freedom and democracy to other nations when our own democracy has become a joke. (Sierra Vista Herald, AZ)
Newsweek: Dems ignore Mukasey on Gitmo Jul 24, 2008
Mukasey said Congress needed to pass a new law that would determine how the courts reviewed these legal challenges (known as habeas corpus actions) and at the same time protect the country's national security interests. Such a law, he said, should bar the disclosure of classified evidence in the detainees' habeas proceedings, prohibit the detainees from being brought into a U.S. courtroom for hearings and guarantee that if a judge ordered any of them to be released, they would be not be freed... (MSNBC -- Terrorism)
Man dies after fight (76) Jul 23, 2008
listen wrote on Jul 22, 2008 1:11 PM:" How can you "arrest" a person, place him on 24 hr "investigative hold", arrest him again without any charges and that's why his name isn't released????? Yeah, I guess thanks to Bush our habeas corpus protection also went down the tubes along with the rest of the Constitution. ". Tri-pleX wrote on Jul 22, 2008 10:48 AM:" But would this prior medical condition have killed him that night?Even if the man was so ravished by some disease that he was on the brink... (Montana Standard, MT)
Mukasey urges more Guantanamo debate Jul 22, 2008
For now, the bulk of the habeas corpus cases in which prisoners are challenging the basis for their detention is being considered in a federal court in the District, where judges are struggling to coordinate procedures for moving forward. The Justice Department has sought further delays while it recruits lawyers to handle the press of litigation, but US District Judge Thomas Hogan recently warned that patience was wearing thin. (Boston Globe)
Bin Laden's driver denies charges Jul 22, 2008
The Supreme Court] stopped well short of detailing how the habeas corpus proceedings must be conducted ... Although the court did rule that detainees had the right to appeal in civilian courts against their detention without trial by the military, Mr Mukasey said, it "stopped well short of detailing how the habeas corpus proceedings must be conducted". (BBC News)
Constitutional Confusion Jul 22, 2008
During its 2004 term, the Supreme Court ruled that detainees at Guantanamo Bay -- enemy combatants captured on foreign battlefields -- had the statutory right to file habeas corpus petitions in U.S. federal courts. It was a new right for enemy combatants. (Townhall.com)
Bush administration calls for action on detainees Jul 22, 2008
Senator Harry Reid of Nevada, the majority leader, in response to Mukasey's speech, said that "the courts are well equipped to handle this situation, and there is no danger that any detainee will be released in the meantime."The high court on June 12 declared unconstitutional a provision of the Military Commission Act of 2006, included at the request of the administration, that stripped the federal courts of the jurisdiction to hear habeas corpus petitions from detainees seeking to challenge... (International Herald Tribune)
Pick of the week: Theatre Jul 20, 2008
Habeas Corpus Pitlochry Festival Theatre Alan Bennett's dirty seaside postcard of a show looks at sexual mores in Brighton in 1973. . (Guardian Unlimited -- Arts)
Letters to the editor (7/20/08) Jul 20, 2008
Close Guantanamo Bay, end extraordinary rendition of alleged enemies to overseas prisons for torture, bring to justice those in our government/military guilty of war crimes, restore habeas corpus to show the world the past eight years have been an anomaly, rebuild our damaged reputation and build up the world rather than bombing it. 5. (Anchorage Daily News)
Bin Laden's driver is in the dock, but America's war on terror is ... Jul 20, 2008
The military commissions were created to try people designated "unlawful enemy combatants" after the Supreme Court issued a stinging rebuke to the Bush administration in June 2006 for tearing up the Geneva Conventions on the conduct of war and denying the most basic right of habeas corpus to prisoners. Despite the international clamour against Guantanamo, the US has charged only 20 of its prisoners, including Khalid Sheik Mohammed, who was tortured by "waterboarding" before arriving at the camp. (Independent)
The bright side of the energy crunch Jul 19, 2008
Habeas corpus: defended by. an appeals court. (San Francisco Chronicle -- Opinion)
Beacon Hill Roll Call: House approves $2.98B bridge repair package Jul 19, 2008
"If I had my way to suspend habeas corpus and to suspend decisions of the United States Supreme Court, to hang every child predator on Boston Common, I'd pull the switch, I'd pull the string, quite honestly.". Sen. (Cambridge Chronicle, MA)
First Guantanamo Bay trial approved Jul 18, 2008
Allred rejected defense contentions that Hamdan is entitled to constitutional protections beyond the right of habeas corpus upheld by the U.S. Supreme Court on June 12. Hamdan will be the first from among 265 Guantanamo prisoners to be tried on terrorism charges, and his appearance before Allred and a panel of at least seven senior officers will allow the Bush administration to demonstrate whether the tribunal it created nearly seven years ago works, and can produce convictions. (Boston Globe)
US judge backs Guantanamo trial Jul 18, 2008
It said the 270 men currently being detained at Guantanamo had "the constitutional privilege of habeas corpus" - the right for suspects to be heard by an independent judge on the legality of their detention. Bad news. (BBC News -- Americas)
Military Commissions Can Move Forward With Detainee Trials, Judge Rules Jul 18, 2008
Robertson's decision is a key victory for the Bush administration in the wake of the which held that detainees at Guantanamo Bay have a constitutional right to habeas corpus ... Robertson declined to rule on whether the Military Commissions Act stripped the U.S. District Court of jurisdiction to hear habeas challenges by detainees charged with war crimes, or whether the appeals process was an adequate substitute for habeas corpus. (Law.com)
Judge allows Hamdan military trial to go forward Jul 18, 2008
Federal judges in Washington are gearing up to hear scores of habeas corpus petitions challenging the legality of their open-ended detention at the terror prison camp. While the Supreme Court made clear that habeas protections cover detainees at Guantnamo, the justices left it to the lower courts to define the scope of those protections and to work out the details of how to apply them in individual cases. (Christian Science Monitor -- USA)
Guantanamo stance is outrageous Jul 18, 2008
This news comes on the heels of several key Gitmo-related happenings, not the least of which is the Supreme Court's ruling that habeas corpus does indeed apply to the prisoners in the upcoming court proceedings (President Bush's subsequent pouty face notwithstanding). Also, there's the implicit encouragement by the administration of prisoners to refuse professional and civilian counsel -- a tactic which, if successfully implemented, would allow the prosecution to refuse to turn over... (The Augusta Chronicle)
Guantanamo detainee heads to military trial Jul 18, 2008
Hamdan's attorneys had wanted Robertson to postpone the military commission trial while a habeas corpus hearing examined Hamdan's legal status. "The time to hear the challenge is now, not to wait until after the trial," said Hamdan's Washington-based attorney, Georgetown University Law Center professor Neal Katyal, adding, "A temporary pause is appropriate.". (AZCentral -- News)
• First Guantanamo war-crimes trial set to begin Jul 18, 2008
Allred rejected defense contentions that Hamdan was entitled to constitutional protections beyond the right of habeas corpus upheld June 12 by the Supreme Court. Hamdan will be the first from among 265 Guantanamo prisoners to be tried on terrorism charges, and his appearance before Allred and a panel of at least seven senior officers will allow the Bush administration to demonstrate whether the tribunal works and can produce convictions. (Q13.com, WA)
When do human rights extend to nonhumans? Jul 14, 2008
When do human rights extend to nonhumans. - International Herald Tribune. (International Herald Tribune -- Health)
It’s time to change policies Jul 14, 2008
This administration has assured Americans repeatedly of future success and prosperity by passage of these initiatives: Bush-Cheney energy bill, reduced medical costs with tort reform, tax cuts for the wealthy to improve the economy and job security, home ownership to improve our economy, calling foreign terrorists threats to freedom yet declaring that habeas corpus is defunct (if they say so) and wireless phone taps are legal. Our war on terror is not going very well in the Mideast, and this... (La Crosse Tribune, WI)
An unlikely crusader for privacy Jul 14, 2008
A month earlier his father, Sir Oswald Mosley, the leader of the British Union of Fascists, had been interned under Defence Regulation 18B, which suspended the right of Nazi sympathisers to habeas corpus. Winston Churchill, a friend of Lady Mosley, ensured that she was able to see her children regularly, but Max and his brother, Alexander, born two years earlier, were looked after by family members until their parents were released in 1943, to a public outcry. (Sydney Morning Herald -- World)
Brazil's judges in corruption row Jul 13, 2008
Following an application by defence lawyers for habeas corpus, Mr Mendes ordered his release. Mr Dantas was detained for a second time just a few hours later, amid allegations that some of his associates had tried to pay a bribe to interfere with the continuing police operation. (BBC News -- Americas)
Jeannie Babb Taylor: Better late than never impeach Bush and Cheney Jul 13, 2008
They have laughed while they trashed the concepts of due process, habeas corpus, privacy, the Geneva Convention, and basic decency. No one has held them accountable for this tyrannical behavior until now. (WWalker County Messenger, GA)
Judge takes on death row gridlock Jul 13, 2008
Currently, 88 inmates on death row have no lawyer for either their mandatory direct appeals or the habeas proceedings that follow, according to Michael Laurence, executive director of the state s Habeas Corpus Resource Center, who was interviewed by Alarcon. And 197 have lawyers for the direct appeal but not for the more complex habeas cases, he said. (Yahoo News -- Death Penalty)
Wood leaves Republicans -- to run as independent Jul 13, 2008
Limiting rights to due process with the suspension of habeas corpus. The promotion of torture. (Chippewa Falls Chippewa Herald, WI)
Did the California Supreme Court act properly in overturning the gay marriage bill? Jul 13, 2008
The current US Supreme Court is extremely conservative and has handed down decisions that have severely curtailed the right of persons facing the death penalty to challenge the constitutionality of their trials and sentences by appealing to the federal courts for writs of habeas corpus. In Felker v. Turpin, 518 U.S. 651 (1996), the Court acted with indecent haste to hear and decide a case in which an extremely serious issue was at stake (causing four Justices to object, given that the Court... (Atlanta Journal-Constitution -- Opinion)
Obama a flip-flopper? Jul 13, 2008
Unpopular cases such as the Kelo condemnation for private use, Bomedianne habeas corpus for illegal combatants, and the child rapist case prove the virtues of conservative justices over their less rational leftist counterparts in the majority. Obama no fool joined the condemnation of the lunatic child rapist ruling, and perhaps he is now ready to acknowledge his error in opposing Chief Justice Roberts. (Atlanta Journal-Constitution)
