Search Results for: habeas corpus

On Wednesday India’s Delhi High Court ruled that a woman is able to live with whomever she wants. This case arose after a woman, Sulekha, left her home to marry the man she chose, Babloo. The court found that Sulekha left her home of her own free will on September 9, 2020, and that since [...]

The California Court of Appeal First Appellate District has ordered San Quentin State Prison (SQ) to reduce its population by half. The move is intended to reduce the spread of COVID-19. The Tuesday order follows a writ of habeas corpus filed by Ivan Von Staich, an inmate in the prison. Staich, 64, suffers from respiratory problems. [...]

Contempt of Court is a double-edged weapon, which if correctly used, protects the authority of the court; if misused it harms as well. The contempt case against Mr. Prashant Bhushan, a Senior Advocate at the Indian Supreme Court, is a recent example of such exorbitant use of contempt power. Bhushan was held guilty of contempt [...]

The recent suo motu criminal contempt proceedings initiated by the Supreme Court of India against social activist and lawyer Prashant Bhushan in regard to two of his tweets has proven to be a legal quagmire for the judiciary. It has raised questions on the true intent of contempt of court proceedings and the independent nature [...]

A US federal judge Thursday ordered Michael Cohen, the longtime personal attorney for Donald Trump, to be released back to home confinement after finding that Cohen was being detained in retaliation for writing a book about the President. The order comes just days after his attorney and the American Civil Liberties Union filed a petition [...]

On Friday, June 26, 2020, the Supreme Court of the United States decided a Suspension Clause challenge to expedited immigration proceedings.  In the widely anticipated judgment, the Court determined that no habeas could be brought as the original habeas petitioner was not in fact asking for the habeas relief of release. In so many words, [...]

The US Supreme Court ruled 7-2 Thursday in Department of Homeland Security v. Thuraissigiam that asylum seekers can be denied review of their immigration status under the federal habeas statute. This case came about when Vijayakumar Thuraissigiam was caught crossing the border into the US. He claimed that he was fleeing Sri Lanka and seeking [...]

Judge Cathy Bissoon of the US District Court for the Western District of Pennsylvania entered a consent order Wednesday declaring that the Allegheny County jail must put medically vulnerable people within their own cells and keep newly admitted inmates within isolation for two weeks, consistent with Center for Disease Control and Prevention (CDC) orders. Additionally, the [...]

Judge James Gwin of the US District Court for the Northern District of Ohio, ordered Wednesday that certain inmates of Elkton Federal Correctional Institution would be considered for “enlargement” based on the filed habeas petition. Enlargement is when the court maintains custody over the inmates but the place of custody is altered, such as through [...]

The Department of Justice (DOJ) asked Congress to grant the US Attorney General emergency powers to ask federal judges to pause court proceedings during the COVID-19 pandemic according to a POLITICO report Saturday. Federal judges already have the power to pause court proceedings in their individual courts during emergencies. However, the DOJ contends that this [...]