Constitutional Law Criminal Law

SCOTUS Today To Hear Arguments On Issue Important to Wrongfully Convicted – Literally on a Life or Death Issue

Oral arguments are scheduled today before the US Supreme Court in the case of Shinn v. Ramirez and Jones, a case out of Arizona involving whether defendants who were convicted and sentenced to death could argue in Federal Court that their post-conviction lawyers were ineffective if they did not first make that argument in State […]

Constitutional Law Litigation

Sorry But NY Chimp Case Is Waste of Time

NY Supreme Court Judge Barbara Jaffe granted a motion for a writ of habeas corpus to two chimps being held for research by Stony Brook University. The writ was brought by The Nonhuman Rights Project (NHRP) which originally filed a lawsuit on behalf of the chimpanzees in 2013 with a view to having them transferred […]

Constitutional Law Criminal Law Litigation

Second Circuit Finally Allows Actual Innocence to Extend Habeas Corpus Statute of Limitation

For years, since Congress passed the draconian and rigid Antiterrorism and Effective Death Penalty Act (AEDPA) in the wake of the first WTC bombing and the Oklahoma City attack, Federal appeals courts have not seen fit to extend the Act’s harsh one year statute of limitations on habeas corpus appeals, even in cases of actual […]