Articles Posted in Habeas Corpus

Summary and Analysis of the Opinion: Deference Owed to the Military Justice System and the Limits of Collateral Review by Federal District Courts The review is based on Csady v. Ashworth, but it is equally applicable when federal courts examine habeas corpus petitions from military prisoners under 28 U.S.C. 2241. I. Overview and Holding The…

With the Trump pardons, the question came up, again, whether accepting a Presidential pardon is an acknowledgment of guilt. For many, Burdick v. United States, 236 U.S. 79 (1925), answered the question in the affirmative. In Burdick, the appellant was offered but declined a pardon. He then refused to testify in a criminal trial. Several…

I have commented on this before–post-CAAF habeas corpus, but a new case from the 9th is time for a reminder. Narula v. Yakubisin (CO, NAVCONBRING Miramar), No. 15-55658 (9th Cir. 17 May 2016). It is common for the military appellant to think about federal court once their military appeal is complete. The route to federal…

Here is another case where a military prisoner has sought habeas corpus relief, in the Kansas District Court (the Tenth Circuit). Valois v. Commandant, USDB The case provides a fascinating discussion of the maze and complexities of DoD and Service regulations the award of good time credit, work abatement, and such, applicable to clients confined…

Some may remember United States v. Latorre, No. ACM 34670 (A.F. Ct. Crim. App. 3 April, 2002), 64 M.J. 80 (C.A.A.F. 2006). The case had something of a tortured appellate history, ultimately leading to a habeas corpus petition in federal court. See Background, at p.1. Like the mythical Phoenix, Latorre sought to get some lift…