cdTOCtest

not be based solely upon hearsay. The burden is on the State by a preponderance of the evidence. Appeals from the results of suc ...

diamonds, because lived in an area relatively free of crime and no incidents showing special danger). In In re Preis, 118 N.J. 5 ...

application and refuses to issue the permit, the applicant may appeal such denial in accordance with the law. N.J.S.A. 2C:58-4e. ...

HABEAS CORPUSHABEAS CORPUSHABEAS CORPUSHABEAS CORPUSHABEAS CORPUS I. CONSTITUTIONAL BASIS U.S. Const., art. I, § 9, cl. 2. “The ...

is imposed), held that the Virginia Supreme Court’s refusal to extend Simmons to the present case, where because the defendant h ...

B. Past or Future Confinement Maleng v. Cook, 490 U.S. 488, 109 S.Ct. 1923, 104 L.Ed.2d 540 (1989), held that a habeas petitione ...

v. Kemna, 523 U.S. 1, 118 S.Ct. 978, 140 L.Ed.2d 43 (1998). In Parker v. Ellis, 362 U.S. 574, 80 S.Ct. 909, 2 L.Ed.2d 963 (1960) ...

V. PARTIES AND JURISDICTION A. Forum “The writ of habeas corpus does not act upon the prisoner who seeks relief, but upon the pe ...

Petition dismissed for failure to exhaust and for failure to name an indispensable party, the District Attorney in Texas who pla ...

government from arguing that the prisoner did not use the prison mail system or that the mailing was not properly addressed due ...

conviction was final on February 24, 1997, “used” 136 days of his allotted 365 days by filing for state post- conviction relief ...

apparently misunderstood the exhaustion requirement and filed three petitions for habeas corpus, all containing unexhausted clai ...

(1981). It may not be presumed that a state court will not entertain the claim, even if consideration seems highly unlikely. Tou ...

Zimmerman, 858 F.2d 144, 147 (3d Cir. 1988). In Lee v. Kemna, 213 F.3d 1037 (8th Cir.2000), cert. granted, 2001 WL 178182 (Feb. ...

defense or forever lose the right to raise it. Id.; Gray v. Netherland, 518 U.S. at 165-66. X. SUCCESSIVE PETITIONS The Third Ci ...

AEDPA standard of 28 U.S.C. § 2244(b) unless the petitioner can show that he or she would have been entitled to pursue a second ...

“tests” to determine if the petitioner had a full and fair opportunity to litigate the Fourth Amendment claim. Id. at 1270-72. T ...

(claim that someone else confessed to the murder not cognizable in habeas proceeding absent constitutional violation). There is ...

convincing evidence that but for the constitutional violation “no reasonable factfinder would have found the [petitioner] guilty ...

HARASSMENTHARASSMENTHARASSMENTHARASSMENTHARASSMENT (See also, DISORDERLY PERSONS, this Digest) I. HISTORY The harassment statute ...