How It’s Applied in the American Legal System Habeas Corpus How It’s Applied in the American Legal System Michaela Thordarson 3rd period September 26, 2016

What is Habeas Corpus? Defined as… a writ requiring a person under arrest to be brought before a judge or into court, especially to secure the person's release unless lawful grounds are shown for their detention

Five Cases involving Habeas Corpus (in detail)

McCleskey v. Zant Oct. 31, 1990 What Happened? How it Reached Court? Murder and related crime Petition for habeas corpus The Court held that since McCleskey could not prove that purposeful discrimination which had a discriminatory effect on him existed in this particular trial, there was no constitutional violation. How it Reached Court? Reached federal court violation of Massiah v. United States Law Under Review? Writ of doctrine Abuse of writ racial considerations enter into capital sentencing determinations Opinions Majority Dissenting Concurring

Felker v. Turpin June 3, 1996 What Happened? How it Reached Court? prisoner filed a petition for a writ of certiorari with SCOTUS Antiterrorism and Effective Death Penalty Act under review Petitioner then filed a petition for a writ of habeas corpus How it Reached Court? Granted review by SCOTUS but wasn’t Law Under Review? writs of habeas corpus for prisoners grant the writ of habeas corpus Opinions Majority Dissenting Concurring

Rasul v. Bush January 2002 What Happened? How it Reached Court? Center for Constitutional Rights filed the first cases to challenge the unlawful detentions at the base How it Reached Court? lost in the lower courts, made it to SCOTUS Law Under Review? Opinions Majority Dissenting Concurring

https://ccrjustice.org/home/what-we-do/our-cases/rasul-v-bush

Crawford v. Washington Nov. 10, 2003 What Happened? stabbed a man he claimed tried to rape his wife How it Reached Court? state supreme court upheld the conviction, leaving it to SCOTUS Law Under Review? Assault Violation of the Sixth Amendment Opinions Majority Dissenting Concurring

Knowles v. Mirzayance January 13, 2009 What Happened? First-degree murder conviction; denied post- conviction relief by the trial court and the California Court of Appeals How it Reached Court? Started in federal court, moved to SCOTUS SCOTUS granted certiorari Law Under Review? first-degree murder denied his Sixth Amendment right Opinions Majority Dissenting Concurring 490 × 360 - usatoday.com

Five Cases involving Habeas Corpus (in detail, but not as much as before)

Davis v. Ayala 06-18-15 What Happened? Decision Made Significance relief from death sentence for triple murder conviction Petition for writ of certiorari filed Decision Made Letter from counsel for the petitioner regarding change in party name. Opinions made by SCOTUS members Significance Express any wrongdoing from federal constitutional errors

U.S. v. Gilbert 12-07-2015 What Happened? Decision Made Significance conviction for production of child pornography denial of the 28 U.S.C. section 2255 petition Decision Made restitution to be determined Rest of sentence remained unchanged imprisonment Significance not entitled to equitable tolling “counsel provided incorrect legal advice regarding the deadline to file a § 2255 motion and that this is an extraordinary circumstance that warrants equitable tolling”

Garcia v. Long 12-21-2015 What Happened? Decision Made Significance Conviction for forcible rape of a minor Miranda rights not read “No” Decision Made Guilty: sentenced to 35 years to life ---------------------------------------------> next slide Significance Violation of Miranda rights “Unpublished opinion

Williams v. Pennsylvania 06-09-2016 What Happened? Pennsylvania's Post Conviction Relief Act prosecutor had obtained false testimony from his codefendant and suppressed material Violation of the Due Process Clause of the Fourteenth Amendment Decision Made Have an outcome that does not lessen the unfairness to the affected party denial of the recusal motion Williams's death sentence was reinstated Significance harmless-error review Risk of bias

Sam v. Dickhaut 9-07-16 What Happened? Decision Made Significance conviction of first-degree murder, armed home invasion, and unlawful possession of a firearm Deprived protected right to legal representation Decision Made Motion for new trial: DENIED Revised his conviction Significance Overlooking constitutional rights Grant habeas corpus to state prisoners

http://media.ca1.uscourts.gov/pdf.opinions/15-1770P-01A.pdf

Under what circumstances did this topic make its way into the Constitution?

Works Cited https://www.oyez.org/cases/2003/02-9410 https://ccrjustice.org/home/what-we-do/our-cases/rasul-v-bush http://www.casebriefs.com/blog/law/criminal-procedure/criminal-procedure-keyed-to-israel/sentencing-procedures/mccleskey-v-kemp/ https://www.oyez.org/cases/1986/84-6811 https://www.oyez.org/cases/2008/07-1315 https://www.law.cornell.edu/supct/html/95-8836.ZO.html https://www.quimbee.com/cases/felker-v-turpin https://supreme.justia.com/cases/federal/us/518/651/case.ht ml https://supreme.justia.com/cases/federal/us/499/467/case.ht ml https://www.oyez.org/cases/2003/02-9410 http://caselaw.findlaw.com/summary/opinion/us-1st-circuit/2016/09/07/277448.html http://caselaw.findlaw.com/summary/opinion/us-supreme-court/2016/06/09/276639.html http://caselaw.findlaw.com/summary/opinion/us-9th- circuit/2015/12/21/275085.html http://caselaw.findlaw.com/summary/opinion/us-9th-circuit/2015/12/07/274993.html http://caselaw.findlaw.com/summary/opinion/us-supreme-court/2015/06/18/273795.html http://www.scotusblog.com/case-files/cases/chappell-v- ayala/ http://caselaw.findlaw.com/summary/search?topic=cs_20 https://www.law.cornell.edu/wex/habeas_corpus http://legaldictionary.net/habeas-corpus/ http://www.heritage.org/constitution/#!/articles/1/essays/61/habeas-corpus