1. 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

2. 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

3. Five Cases involving Habeas Corpus
(in detail)

4. 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

6. 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

7. 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

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

9. 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

10. 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 × usatoday.com

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

12. 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

13. 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”

14. 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

16. 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

17. 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

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

21. Works Cited https://www.oyez.org/cases/2003/02-9410 ml ml
circuit/2015/12/21/ html
ayala/