and/or manual possession. In order for a person to be entitled to Habeas Corpus relief‚ which provides for release from unlawful confinement in violation of constitutional rights‚ he or she must be in custody. Custody in this context is the same as restraint of certain liberties‚ and does not always mean actual incarceration. People who are on probation or who have been released on parole are also in custody for purposes for Habeas Corpus proceedings. Explain and discuss the recommended setting for
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defendants in capital cases only. Gideon conducted his own defense (pro se) about as well as could be expected of a layman‚ but he was convicted and sentenced to imprisonment for five years. Using the prison library for reference‚ he files a writ of habeas corpus with the Florida Supreme Court‚ but his petition was denied. He then wrote a letter to the Supreme Court seeking appeal‚ to which the Supreme Court granted certiorari‚ and appointed a very competent counsel (Abe Fortas‚ who became a Supreme
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tumultuous decade of the 1970’s. It details how a middle class family struggled with and faced the new changes that empowered Filipinos to rise against the Marcos government. These series of events all happened after the suspension of the Writ of Habeas Corpus‚ the proclamation of Martial Law‚ the bombing of Plaza Miranda‚ the random arrests of political prisoners. The oppressiveness of the Marcos regime made people become more radical. This shaping of the decade are all witnessed by the female character
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and/or manual possession. In order for a person to be entitled to Habeas Corpus relief‚ which provides for release from unlawful confinement in violation of constitutional rights‚ he or she must be in custody. Custody in this context is the same as restraint of certain liberties‚ and does not always mean actual incarceration. People who are on probation or who have been released on parole are also in custody for purposes for Habeas Corpus proceedings. Explain and discuss the recommended setting for
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and sentenced McCleskey to death. McCleskey‚ on many attempts had failed to achieve relief from the Supreme Courts of Georgia on appeals‚ his writ of certiorari‚ and a motion for a new trial. This lead McCleskey to file a petition for a writ of habeas corpus in the Federal District Court for the Northern District of Georgia. One of the claims was that the Georgia capital sentencing process is administered in a racially discriminatory manner which violates the Eight and Fourteenth Amendments. In order
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Synopsis Directed by Chito S. Roño‚ this adaptation of Lualhati Bautista’s prize-winning novel Dekada 70 chronicles a middle-class Filipino family who‚ over the space of a decade‚ become aware of the political policies that have ultimately led to repression and a state of martial law. Vilma Santos stars as Amanda‚ who realizes the implications of living within a dictatorship after sorting out the contradictory reactions of her husband and five sons. Julian‚ her husband‚ supports his eldest son’s
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CONSTITUTIONAL LAW – II Project on – CASE ANALYSIS OF ANIL YADAV V. STATE OF BIHAR 1982 AIR 1008 Submitted to: Miss Kuldeep Kaur Submitted by: Shruti Nandwana 2012 BA LLB 47 TABLE OF CONTENTS * INTRODUCTION * PUBLIC INTEREST LITIGATION * FACTS OF THE CASE * ISSUES IN QUESTION * DECISION OF THE SUPREME COURT * ANALYSIS OF THE JUDGEMENT * CONCLUSION * BIBLIOGRAPHY INTRODUCTION Public interest litigation (PIL) has a vital role
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During our freedom struggle‚ the leaders of the freedom movement had realised the importance of rights and demanded that the British rulers should respect rights of the people. The Constitution listed the rights that would be specially protected and called them ‘fundamental rights’.These rights are defined in part III of Indian constitution The word fundamental suggests that these rights are so important that the Constitution has separately listed them and made special provisions for their protection
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in the Philippines and were blaming him for it. News of Rizal’s predicament reached his friends in Europe and Singapore. They dispatched telegrams to an English lawyer in Singapore to rescue Rizal from the Spanish steamer by means of a writ of habeas corpus. The writ‚ however‚ was denied and Rizal remained prisoner in the ship. The Colon reached Manila on November 3‚ 1896 and Rizal was then quietly transferred to Fort Santiago. The preliminary investigation began a few days later‚ with Colonel
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on six counts of housebreaking and robbery and sentenced to 30 to 90 years in prison. Kent’s lawyer sought to have the criminal indictment dismissed‚ arguing that the waiver had been invalid. He also appealed the waiver and filed a writ of habeas corpus asking the State to justify Kent’s detention. Appellate courts rejected both the appeal and the writ‚ refused to scrutinize the judge’s "investigation‚" and accepted the waiver as valid. In appealing to the U.S. Supreme Court‚ Kent’s attorney argued
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