Criminal Procedure. Habeas Corpus. Ninth Circuit Holds That the Supreme Court's Decision in Ring v. Arizona Applies Retroactively to Cases on Habeas Corpus Review. Summerlin v. Stewart, 341 F.3d 1082 (9th Cir. 2003) (En banc)

2004 ◽  
Vol 117 (4) ◽  
pp. 1291
Keyword(s):  
Criminal Procedure ◽  
Habeas Corpus ◽  
Ninth Circuit

scholarly journals United States v. Lozoya

2020 ◽  
Vol 8 (4) ◽  
pp. 1-8
Author(s):  
Daeja Pemberton
Keyword(s):  
United States ◽  
Criminal Procedure ◽  
Fair Trial ◽  
Ninth Circuit ◽  
Circuit Court ◽  
Court Of Appeals ◽  
Clear Cut ◽  
Territorial Jurisdiction ◽  
The U.S

The U.S. Constitution protects one’s right to a fair trial in a proper venue. Typically, venue is proper in whatever territorial jurisdiction a defendant commits an offense. But this rule is not as clear-cut when the offense takes place in a special jurisdiction, such as American airspace. A court must then determine whether the offense continued into the venue of arrival, making it proper under the Constitution. This issue was reexamined when Monique Lozoya assaulted another passenger on an airplane during a domestic flight. In United States v. Lozoya, the Ninth Circuit Court of Appeals failed to correctly identify the assault as a “continuing offense” and in doing so risked harming the criminal procedure process for prosecutors and offenders alike.

Enhanced Rights for Detained Persons

2020 ◽  
Vol 4 (1) ◽  
pp. 89-108
Author(s):  
Ewang Sone Andrew
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
Rule Of Law ◽  
Police Officers ◽  
Justice System ◽  
Criminal Procedure ◽  
Full Potential ◽  
Habeas Corpus ◽  
The Rule Of Law ◽  
Procedure Code

The incorporation of habeas corpus and bail in the Cameroonian Criminal Procedure Code has not only entrenched them in law, but has also widened and deepened their scope, with a view to obtaining, as far as possible, the respect for human rights and the rule of law in order to ensure a more functional criminal justice system in Cameroon. The incorporation of habeas corpus and bail in the Cameroon criminal trial process will restrain the arbitrary and illegal use of the powers of the judicial police officers and ensure respect of human rights. Although there are some challenges in the application of habeas corpus and bail such as misuse of the remedies by some overzealous authorities, defiance of court orders in the enforcement of the writ of habeas corpus by administrative authorities, and erosion of confidence in the Judiciary, there is optimism in the conscious efforts being made to ensure that habeas corpus and bail are properly applied so that the Cameroonian Criminal Procedure Code attains its full potential.

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