Add to ORKGIn United States v. Fidel Castro-Verdugo, the Ninth Circuit held that the court lacks the jurisdiction to correct an underlying unlawful sentence imposed by the district court in the context of a probation revocation appeal. Despite clear error on the part of the sentencing judge, Defendant-Appellant (Defendant) did not timely file a petition for a writ of habeas corpus; therefore, no remedy was available to him. The dissenting opinion asserted that the court did have jurisdiction to correct the error because Defendant appealed from a later sentence erroneously based on the underlying unlawful sentence. Noting that it is the role of appellate courts to correct errors made by lower courts, the dissent disagreed strongly with the majority’s d...
Defendant-appellant Luis Santiago Gonzalez appeals from a judgment of conviction and sentence entere...
In United States v. Restrepo, the Ninth Circuit, on a petition for rehearing, held that conduct of w...
Recently, the United States Supreme Court addressed in Ryan v. Gonzales “whether the incompetence of...
In United States v. Fidel Castro-Verdugo, the Ninth Circuit held that the court lacks the jurisdicti...
A habeas corpus petitioner\u27s claim that his imprisonment was illegal due to the fact that he was ...
Prisoner\u27s conviction could not be attacked on habeas corpus upon allegations of new and addition...
The Supreme Court of Florida held that a trial court is free to impose any sentence upon revocation ...
Court reversed a lower court\u27s order granting petitioner a writ of habeas corpus because the writ...
As Justice Blackstone once opined, a writ of habeas corpus, oft referred to as the “great Writ,” is ...
On July 14, 2011, in Nunez-Reyes v. Holder, the U.S. Court of Appeals for the Ninth Circuit filed an...
The United States Supreme Court held that showing that a constitutional violation probably resulted ...
Federal courts disfavor granting collateral relief from final criminal judgments. This mentality is ...
After the ten-day period for filing a notice of appeal from a federal criminal conviction had expire...
Opposing counsel\u27s objection to material in petitioner\u27s opening statement to the jury was sus...
Plaintiff was convicted of robbery in a federal district court and, although represented by counsel,...
Defendant-appellant Luis Santiago Gonzalez appeals from a judgment of conviction and sentence entere...
In United States v. Restrepo, the Ninth Circuit, on a petition for rehearing, held that conduct of w...
Recently, the United States Supreme Court addressed in Ryan v. Gonzales “whether the incompetence of...
In United States v. Fidel Castro-Verdugo, the Ninth Circuit held that the court lacks the jurisdicti...
A habeas corpus petitioner\u27s claim that his imprisonment was illegal due to the fact that he was ...
Prisoner\u27s conviction could not be attacked on habeas corpus upon allegations of new and addition...
The Supreme Court of Florida held that a trial court is free to impose any sentence upon revocation ...
Court reversed a lower court\u27s order granting petitioner a writ of habeas corpus because the writ...
As Justice Blackstone once opined, a writ of habeas corpus, oft referred to as the “great Writ,” is ...
On July 14, 2011, in Nunez-Reyes v. Holder, the U.S. Court of Appeals for the Ninth Circuit filed an...
The United States Supreme Court held that showing that a constitutional violation probably resulted ...
Federal courts disfavor granting collateral relief from final criminal judgments. This mentality is ...
After the ten-day period for filing a notice of appeal from a federal criminal conviction had expire...
Opposing counsel\u27s objection to material in petitioner\u27s opening statement to the jury was sus...
Plaintiff was convicted of robbery in a federal district court and, although represented by counsel,...
Defendant-appellant Luis Santiago Gonzalez appeals from a judgment of conviction and sentence entere...
In United States v. Restrepo, the Ninth Circuit, on a petition for rehearing, held that conduct of w...
Recently, the United States Supreme Court addressed in Ryan v. Gonzales “whether the incompetence of...