Habeas Corpus. Stay of State Court Proceedings. Ninth Circuit Stays Execution to Appoint Counsel to Assist Prisoner in Filing Habeas Corpus Petition. Brown v. Vasquez, 952 F.2d 1164 (9th Cir. 1991)

1992 ◽  
Vol 105 (7) ◽  
pp. 1807
Keyword(s):  
State Court ◽  
Habeas Corpus ◽  
Ninth Circuit ◽  
Court Proceedings

The 2004 Judicial Activity of the International Court of Justice

2005 ◽  
Vol 99 (2) ◽  
pp. 450-459 ◽  
Author(s):  
John R. Crook
Keyword(s):  
The United States ◽  
State Court ◽  
Vienna Convention ◽  
Advisory Opinion ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
Court Proceedings ◽  
Crown Prince ◽  
Palestinian Territory

During 2004 the International Court of Justice decided three important matters. In March the Court found that the United States had violated the Vienna Convention on Consular Relations with respect to a number of Mexican nationals sentenced to death in U.S. state court proceedings. In a much-noted advisory opinion, the Court concluded in July that Israel's construction of a security wall or fence in occupied Palestinian territory violated international law. And in December it found that it did not have jurisdiction over Serbia and Montenegro's claims against eight NATO countries regarding NATO's 1999 bombing campaign aimed at halting the conflict in Kosovo. In other developments, the Court heard and had under deliberation Germany's preliminary objections to Liechtenstein's suit regarding certain property of Crown Prince Adam. Finally, Judge Gilbert Guillaume, a member of the Court since 1987 and its former president, announced that he would resign in February 2005.

Heeding Congress's Message: The United States Supreme Court Bars Federal Courthouse Doors to Habeas Relief Against All but Irrational State Court Decisions, and Oftentimes Doubly So

2012 ◽  
Vol 24 (4) ◽  
pp. 321-329 ◽  
Author(s):  
Daniel J. O'Brien
Keyword(s):  
Supreme Court ◽  
De Novo ◽  
The United States ◽  
The State ◽  
State Court ◽  
Court Decisions ◽  
Habeas Corpus ◽  
Criminal Convictions ◽  
Lower Courts ◽  
Federal Constitutional

Federal habeas corpus challenges to state criminal convictions grew significantly between 1948 and 1996 when traditional de novo review was coupled with an expanding list of federal constitutional protections the Supreme Court made applicable to the states. The landscape changed dramatically in 1996 when Congress amended 28 U.S.C. § 2254 with the Anti-Terrorism and Effective Death Penalty Act. Old and new procedural barriers to habeas review were codified. Merits review of state court decisions became highly deferential. In a series of recent decisions discussed in this article, most notably Harrington v. Richter, 131 S. Ct. 770 (2011), the Court strongly expressed its frustration with the failure of lower courts to heed Congress' mandate. Federal courthouse doors are now closed to all but the rare case where there “is no possibility for fair-minded disagreement” the state court acted unreasonably (not just erroneously) in deciding the merits. Review becomes “doubly deferential” when the claim is one where deference is already owed in state court; most notably, challenges to the effectiveness of counsel and to the sufficiency of the evidence. Deference is owed even when the state court issues a summary merits decision without opinion.

scholarly journals The Problematics of Simple Lawsuit Implementation To Reduce Civil Cases In Supreme Court

AL-HUKAMA ◽  
2020 ◽  
Vol 10 (1) ◽  
pp. 171-194
Author(s):  
Bambang Sugeng ◽  
Zahry Vandawati Ch.
Keyword(s):  
Supreme Court ◽  
Low Cost ◽  
Simple System ◽  
State Court ◽  
Legal Research ◽  
Conceptual Approach ◽  
The Supreme Court ◽  
Civil Cases ◽  
Court Proceedings ◽  
Court Process

This research has purpose to analyze the implementation of a simple lawsuit settlement to reduce the accumulation of civil cases in the Supreme Court. Also to analyze the constraints and obstacles in the application of simple claim resolution to reduce the buildup of civil cases and investigate the constraints and obstacles in the application of simple claim resolution to reduce the buildup of civil cases. This research is normative legal research that used the approach of statute approach and conceptual approach. The result of this research indicated that the implementation of simple lawsuit mechanismin court process could be quite helpful for citizen to settle the civil cases on state court with a quick process, simple system and low cost. In the context of implementing a simple lawsuit mechanism in court proceedings, there are several obstacles and have not maximally utilized in society, such as the minimum limit for the value of material claims is at most Rp. 200,000,000.00 (two hundred million rupiahs).

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