Smith's Guide to Habeas Corpus Relief for State Prisoners Under 28 U. S. C. 2254


Author: Zachary A. Smith
Publisher: N.A
ISBN: 9780984271689
Category: Law
Page: 380
View: 9875

Continue Reading →

Smith's Guide to Habeas Corpus Relief provides a complete reference for the entire process of filing Habeas Corpus appeals for state prisoners. It includes example documents and full information on time limits for every step of the process. Designed to be used by prisoners working on their own behalf, it also serves as a guide to monitor the progress and diligence of attorneys working for prisoners who may be less attentive to deadlines than desired. Blank forms and fully-detailed example forms are included. Step by step instructions walk anyone through the process from start, to the last form and addendum to be sent to the US. Supreme Court.

Habeas Corpus

Rethinking the Great Writ of Liberty
Author: Eric M. Freedman
Publisher: NYU Press
ISBN: 0814727182
Category: Law
Page: 243
View: 6270

Continue Reading →

Habeas Corpus is the process by which state prisoners—particularly those on death row—appeal to federal courts to have their convictions overturned. Its proper role in our criminal justice system has always been hotly contested, especially in the wake of 1996 legislation curtailing the ability of prisoners to appeal their sentences. In this timely volume, Eric M. Freedman reexamines four of the Supreme Court’s most important habeas corpus rulings: one by Chief Justice John Marshall in 1807 concerning Aaron Burr’s conspiracy, two arising from the traumatic national events of the 1915 Leo Frank case and the 1923 cases growing out of murderous race riots in Elaine County, Arkansas, and one case from 1953 that dramatized some of the ugliest features of the Southern justice of the period. In each instance, Freeman uncovers new original sources and tells the stories of the cases through such documents as the Justices’ draft opinions and the memos of law clerk William H. Rehnquist. In bracing and accessible language, Freedman then presents an interpretation that rewrites the conventional view. Building on these results, he challenges legalistic limits on habeas corpus and demonstrates how a vigorous writ is central to implementing the fundamental conceptions of individual liberty and constrained government power that underlie the Constitution.

Smith's Guide to Chapter 7 Bankruptcy for Prisoners


Author: Zachary Smith
Publisher: N.A
ISBN: 9780989592420
Category:
Page: 256
View: 752

Continue Reading →

When Zachary A. Smith's father died unexpectedly while Zachary was incarcerated, he received a small inheritance from his father's estate. The State of Missouri filed a civil suit against him under the Missouri Incarceration Reimbursement Act (MIRA). Smith secured a dismissal of the State's suit, but the State appealed and the dismissal was overturned. The court entered judgment against Smith, ordering the Missouri Department of Corrections to collect 90% of any money deposited into his inmate account by friends and family. Seeing that fighting the MIRA case in state court was getting him nowhere, Smith started researching United States Bankruptcy Codes and found a loophole. A fundamental goal of the federal bankruptcy laws enacted by Congress is to give debtors a financial "fresh start" from burdensome debts. In Local Loan Co. v. Hunt, 292 U.S. 234, 244 (1934), the Supreme Court made this point about the purpose of the bankruptcy law: It gives to the honest but unfortunate debtor...a new opportunity in life and a clear field for future effort, unhampered by the pressure and discouragement of preexisting debt. This goal is accomplished through the bankruptcy discharge, which releases debtors from personal liability from specific debts and prohibits creditors from ever taking any action against them to collect those debts. All SMITH'S GUIDES are made to be as helpful as possible (see also "SMITH'S GUIDE to Habeas Corpus Relief for State Prisoners Under 28 U.S.C. 2254," and "SMITH'S GUIDE to Executive Clemency for State and Federal Prisoners"). At the end of each chapter, the reader will find completed examples of the forms required to be filed in order to start their bankruptcy case. The reader will also find blank forms at the end of this book, which may be removed, filled out, and filed with the appropriate bankruptcy court. Of course, this book is not just for the type of debt discussed above, it is for the prisoner (or nonprisoner) who has outstanding debts and wants a fresh start. "SMITH'S GUIDE to Chapter 7 Bankruptcy for Prisoners" is an invaluable resource guide for prisoners and civilians alike, who need financial freedom from their past debts.

Flipping Your Habe

Overturning Your State Conviction in Federal Court Under 28 U.S.C. 2254
Author: Ivan Denison
Publisher: CreateSpace
ISBN: 9781497315426
Category:
Page: 344
View: 3017

Continue Reading →

Pro se state prisoners seeking a federal writ of habeas corpus under 28 U.S.C. 2254 need only this book to guide them through the federal court system. Flipping your Habe contains step-by-step instructions, 21 sample filings and forms, over 400 case cites, and all applicable federal rules. At 336 pages, 81/2 x 11 softcover, it is the perfect instruction book for a prisoner in any state facility. Ivan Denison has simplified the 2254 process much the same way he made state post-conviction relief easy in Flipping Your Conviction: The Complete Guide to Post-Conviction Relief for the Pro Se State Prisoner. No matter which state has imprisoned you, Ivan Denison's books are a must-have once you've been abandoned by counsel.

Federal Courts


Author: Larry W. Yackle
Publisher: N.A
ISBN: N.A
Category: Law
Page: 714
View: 6481

Continue Reading →

"This third edition of Federal Courts offers a succinct account of the law governing the tribunals that exercise the judicial power of the United States. It provides lawyers and law students with a concise presentation of the constitutional principles, statutes, and judge-made doctrines covered in law school courses on the subject, typically entitled "Federal Courts" or "Federal Jurisdiction." To assist students, this book follows the subject headings, principal decisions, and commentaries emphasized in standard law school course materials. Readers who need an introduction to the basics will find it in this text; readers who need deeper analysis will find it in the exhaustive footnotes."--BOOK JACKET.

Flipping Your Conviction

State Post-Conviction Relief for the Pro Se Prisoner
Author: Ivan Denison
Publisher: Createspace Independent Pub
ISBN: 9781484084939
Category: Law
Page: 508
View: 4170

Continue Reading →

499 pages focused on State Post Conviction Relief which is a specific area that is not addressed by other books. Like no other, this book has a multitude of forms and sample filings that is a must have for every pro se prisoner.

Winning Habeas Corpus and Post Conviction Relief 2015 Revised 6th Edition


Author: F. A. Stephens
Publisher: N.A
ISBN: 9781517341176
Category:
Page: 670
View: 9058

Continue Reading →

This book is a must for attorneys, prisoners and students who seek information on the post-conviction process in federal and state courts. This book covers the subject of ineffective assistance of counsel and the Sixth Amendment. It is a quick reference-virtual law library-in one book. The editor has scanned more than 8,000 cases that address the subject of habeas corpus, and the Anti-Terrorism and Effective Death Penalty Act of 1996.

The Post-Conviction Citebook


Author: Joe Allan Bounds
Publisher: Infinity Pub
ISBN: 9780741453730
Category: Law
Page: 350
View: 1178

Continue Reading →

The Post-Conviction Citebook is the ultimate shortcut-quick-reference for ineffective assistance of counsel and other constitutional claims. This book provides the user with a comprehensive user friendly Table of Contents, and over 740 quick-reference topics with favorable case law covering practically every post-conviction remedy subject. For example: Ineffective Assistance of Counsel, Pretrial proceedings, Motions, Defenses, Guilty Pleas, Trials, Jury Instructions, Verdicts, Sentencing, Appellate proceedings, Post-verdict, Conflict of Interest, Evidentiary Hearings, Cause for Procedural Default, The United States Supreme Court's decisions in Strickland, Hill, Cronic, Apprendi, Blakely, Booker, and Shepard, among others. This is primarily a research tool with the contents designed to assist the individual lawyer or pro se practitioner in finding favorable case law by topic and in chronological order as a criminal trial or proceedings may unfold. This book is a valuable asset to any law library and will save the user countless hours in research.

The Uniform Commercial Code Made Easy


Author: Robert M. LeVine
Publisher: N.A
ISBN: 9780615308357
Category: Law
Page: 552
View: 3776

Continue Reading →

The Uniform Commercial Code Made Easy marks the first time in the history of legal education that a novel has been used as a vehicle for delivering the content of a substantive body of law; in this case, a pervasive statutory scheme The Uniform Commercial Code, law in all fifty states. Mirroring the factual assumptions upon which the UCC was drafted, The Uniform Commercial Code Made Easy places the application of these laws in concrete and interesting commercial settings where they come to life. Logical reader questions are anticipated, and answered through a variety of communication channels uniquely available to the format chosen: dialogue, memoranda of law, texting and emails, are illustrative. If you are in business, the Uniform Commercial Code directly, impacts your business hundreds, perhaps thousands of times per day. Virtually every phase of a transaction in goods, from sale or lease through financing, is impacted by the laws of the UCC. Of particular significance are those provisions which can literally save a business from going under. These potential landmines need to be identified before they are stepped on. The Uniform Commercial Code Made Easy accomplishes this important task. Consumers should understand the basic laws the surround and govern their purchases leases and financing of goods. They should also understand, as should businesses, the impact of signing a promissory note, how the transfer of that note can affect one 's rights, and how to protect one 's rights when promissory notes are executed. Understanding how to protect your rights in these transactions is both empowering and essential. The mass and complexity of the Uniform Commercial Code has made comprehension and learning the content very challenging. The ease of learning is greatly enhanced by the approach utilized in The Uniform Commercial Code Made Easy. As one prominent attorney and author wrote in a recently published book review: Yes, Virginia, there is a Santa Claus! In this case, he comes in the form of former University of Miami School of Law professor Robert M. LeVine, who has made one of the most complicated bodies of law in the United States the Uniform Commercial Code not only comprehensible but entertaining. Tom Shuck, Esq. Past President, Federal Bar Association Federal Bar Association Journal, August 2111 Law students, business students, and CPA 's must know the Uniform Commercial Code. It is essential to graduate from law school and is on the bar examination of every state, and the CPA examination as well. The following are illustrative of testimonials received on The Uniform Commercial Code Made Easy: It 's true. The UCC is just as daunting as it looks, and this book is the key to unlocking its mysteries. Infused with practicality, The Uniform Commercial Code Made Easy combines every day transactions with straightforward law, allowing students to not only navigate the UCC with ease, but also develop a lasting understanding of the material. The Uniform Commercial Code Made Easy 's revolutionary approach to the UCC has extensive application both in and out of the classroom as a resource for professors and a study aid for students. The Uniform Commercial Code Made Easy by LeVine was my key to success in understanding the UCC, and enjoying it! Melissa Carroll Stetson University College of Law I was amazed. I never thought it possible to make the UCC interesting but I was wrong. For once I had found a book which made me understand the meaning and interrelationships among sections, and at the same time, I enjoyed reading it. F. William Harvey JD, MBA, Wharton School of Business The knowledge contained in the Uniform Commercial Code is invaluable to anyone in business, or any American who is involved in basic consumer transactions. The Uniform Commercial Code Made Easy creates a pathway to this level in a unique and entertaining manner.

Guilty Until Proven Innocent

A Practitioner's and Judge's Guide to the Pennsylvania Post-Conviction Relief Act (PCRA)
Author: J. Salemme
Publisher: Createspace Independent Publishing Platform
ISBN: 9781542580120
Category:
Page: 448
View: 3286

Continue Reading →

Revised for 2017. A premier source of information on post-conviction relief in Pennsylvania. This is an essential guide for criminal practitioners, prosecutors, law clerks and judges. It includes comprehensive discussion and citation to case law, annotated comments on the applicable rules of procedure and the governing statute. Also contains valuable samples for practitioners and judges.

The Law of Habeas Corpus


Author: Judith Farbey,R.J. Sharpe,Simon Atrill
Publisher: Oxford University Press
ISBN: 0199248249
Category: Law
Page: 255
View: 1823

Continue Reading →

Habeas corpus is everyone's 'get out of jail free' card. It is the legal remedy ensuring a person's release from prison or any other form of custody when the detention cannot be justified in law. This volume provides in-depth and critical analysis of the law behind this vital protection of liberty.

The Environmental Policy Paradox


Author: Zachary A. Smith
Publisher: Routledge
ISBN: 1317226623
Category: Political Science
Page: 440
View: 8717

Continue Reading →

Updated in its seventh edition, The Environmental Policy Paradox provides an introduction to the policy-making process in the United States with regard to air, water, land use, agriculture, energy, and waste disposal, while introducing readers to both global and international environmental issues and institutions. The text explains why some environmental ideas shape policy while others do not, and illustrates that even when the best short- and long-term solutions to environmental problems are identified, the task of implementing these solutions is often left undone or is completed too late. Readers are presented with a comprehensive history of the environmental movement paired with the most up-to-date account of environmental policy available today. New to the Seventh Edition Covers new topics including fracking, Arctic drilling, the Keystone XL pipeline controversy, GMOs, food security, and the green economy. Provides expanded information about the subsidy process. Extends the treatment of land preservation with a discussion of the Land and Water Conservation Fund. Adds Discussion Questions to the end of each chapter.

A legal guide for ICE detainees

petitioning for release from indefinite detention
Author: American Bar Association. Commission on Immigration
Publisher: N.A
ISBN: N.A
Category: Law
Page: N.A
View: 6176

Continue Reading →

Prisoners' Self-Help Litigation Manual


Author: John Boston,Daniel E Manville
Publisher: Oxford University Press
ISBN: 0199705666
Category: Law
Page: 960
View: 439

Continue Reading →

Prisoners' Self-Help Litigation Manual, in its much-anticipated fourth edition, is an indispensable guide for prisoners and prisoner advocates seeking to understand the rights guaranteed to prisoners by law and how to protect those rights. Clear, comprehensive, practical advice provides prisoners with everything they need to know on conditions of confinement, civil liberties in prison, procedural due process, the legal system, how to litigate, conducting effective legal research, and writing legal documents. Written by two legal and penitentiary experts with intimate knowledge of prisoner's rights and legal aid work, authors John Boston and Daniel E. Manville strategically focus on federal constitutional law, providing prisoners and those wishing to assist them with the most important information concerning legal rights. Over the past decade, prison law and conditions have changed significantly. This new edition is updated to include the most relevant prisoners' rights topics and approaches to litigation. Updates include all aspects of prison life as well as material on legal research, legal writing, types of legal remedies, and how to effectively use those remedies. Certainly the most authoritative, well-organized and relevant prisoner's rights manual available - - the eagerly awaited fourth edition should be purchased by everyone interested in civil rights for the incarcerated.

Judge Sonia Sotomayor

Analysis of Selected Opinions
Author: Anna C. Henning
Publisher: DIANE Publishing
ISBN: 1437918824
Category:
Page: 55
View: 1010

Continue Reading →

In May 2009, Supreme Court Justice David Souter announced his intention to retire from the Supreme Court. Several weeks later, President Obama nominated Judge Sonia Sotomayor, whocurrently serves on the U.S. Court of Appeals for the Second Circuit, to fill his seat. This report provides an analysis of selected opinions authored by Judge Sotomayor during her tenure as a judge on the Second Circuit. Discussions of the selected opinions are grouped according to various topics of legal significance. Perhaps the most consistent characteristic of Judge Sotomayor¿s approach as an appellate judge has been an adherence to the doctrine of stare decisis, i.e., the upholding of past judicial precedents.

Legal Secretary Federal Litigation


Author: Pamela Everett Nollkamper
Publisher: LexisNexis
ISBN: 1945421371
Category: Law
Page: N.A
View: 6982

Continue Reading →

​Legal Secretary Federal Litigation provides instructions on how to file federal pleadings and papers, document completion and filing requirements, and a directory of names, addresses, telephone numbers and more for each federal court.