Habeas Corpus Law
 
The State of Nevada v. Clyde Means

Las Vegas, Nevada criminal defense lawyer represented the Defendant charged with attempted sexual assault upon his nineteen-year-old son.

The victim alleged that Means had sexually assaulted him on at least three separate occasions while they lived in Nevada. Means had first pleaded not guilty to one count of open or gross lewdness and three counts of sexual assault.

At trial, a... More...
   $0 (12-20-2024 - NV)

Darren Dee Goldsmith v. Bob Olson, Program Administrator, S.T.A.R.T.


Helena, Montana criminal defense lawyer represented the Plaintiff seeking a writ of habeas corpus.



Darren Dee Goldsmith, Sr. has filed a Petition for Writ of Habeas Corpus, claiming he is due additional credit toward his current sentence of at least 655 days. In compliance with this Court's November 6,2024 Order, the Department of Corrections (the Department or DOC... More...
   $0 (12-17-2024 - MT)

Kristin Lobato v. The City of Las Vegas


Las Vegas, Nevada personal injury lawyer represented the Plaintiff who sued the Defendants on a civil rights violation theory.


Kristin Lobato was arrested, charged and convicted of murder when she was 18. She served 16 years in prison before being exonerated.

According to the Michigan National Registry of Exoneration:


"At about 10 p.m. on July 8, 200... More...
   $0 (12-13-2024 - NV)

Paul Wach v. State of Utah, et al.


Salt Lake City, Utah civil Rights lawyer represented the Plaintiff seeking habeas corpus.


The Utah Board of Pardons and Parole revoked Paul Wach’s parole and decided not to release him for several years. Mr. Wach challenged the Board’s decision in a 28 U.S.C. § 2241 application, and he now seeks to appeal the district court’s dismissal of that application. But he has ... More...
   $0 (12-05-2024 - UT)

Olin Matrice Gaskins v. Jonathan Frame


Charles Town, West Virginia civil rights lawyer represented the Plaintiff seeking a writ of habeas corpus.



In 2018, Mr. Gaskins was convicted of one count of felony possession of a firearm by a prohibited person, in violation of West Virginia Code § 61-7-7(b)(2), after an officer discovered an operable handgun among his belongings during a routine traffic stop and dete... More...
   $0 (11-26-2024 - WV)

DeAndre Moore v. Jonathan Frame


Charleston, West Virginia civil rights lawyer represented the Plaintiff seeking a writ of habeas corpus.



On July 7, 2016, David Stewart drove his girlfriend, Kaylie Gibson; and others, including the petitioner and C'Audre Boxley, to an apartment complex located in Charleston, West Virginia. Upon arrival, the petitioner fatally shot Mr. Stewart, apparently over a prior d... More...
   $0 (11-26-2024 - WV)

William H. Cecil, III v. Jonathan Frame


Lewisburg, West Virginia civil rights lawyer represented the Plaintiff seeking writ of habes corpus.



On the evening of August 30, 1981, three-year-old M.J.R. was reported missing. At that time, the petitioner rented a room in a mobile home owned by Kenard R. and Vicky R., which was located across the street from M.J.R.'s home. The day after the child went missing, the p... More...
   $0 (11-26-2024 - WV)

Randy Alesna McDaniel v. John Henley, Warden NNCC

Yerington, Nevada criminal defense lawyer represented the Plaintiff seeking postconviction relief.


In his petition, McDaniel contended that (1) he was entitled to 196 days of credit for presentence confinement, (2) he was entitled to an additional 30 days of credit for post-sentence confinement, and (3) trial counsel was ineffective for failing to object to the sentencing court's dec... More...
   $0 (11-20-2024 - NV)

Mica Alexander Martinez v. Christe Quik, Warden, Oklahoma State Penitentiary

Oklahoma City, Oklahoma civil rights lawyers represented the Plaintiff sentenced to death.

An Oklahoma jury convicted Mica Martinez of two counts of first-degree
murder and sentenced him to death. He now seeks federal habeas relief, contending
that (1) his appellate counsel ineffectively chose not to raise a claim of trial counsel’s
ineffective investigation of and presenta... More...
   $0 (11-19-2024 - OK)

State of Missouri ex rel. Andrew Bailey v. Hon. Drew F. David, Circuit Judge of DeKalb County

Maysville, Missouri lawyers represented the defendant.

The Attorney General seeks a permanent writ of prohibition or mandamus preventing the Honorable Drew F. Davis ("Respondent") from ordering Victor Vickers ("Vickers") released from custody following the issuance of a preliminary writ of habeas corpus. Because Respondent acted in excess of its authority and abused its discretion when it... More...
   $0 (11-19-2024 - MO)

State of New Mexico v. Donovan Houidobre

Carlsbad, New Mexico criminal defense lawyer represented the Defendant writ of habeas corpus case.


Does the Earned Meritorious Deductions Act (EMDA) create a liberty interest protected by the Due Process Clause of the Fourteenth Amendment. NMSA 1978, § 33-2-34 (2015); see Miller v. Tafoya, 2003-NMSC-025, ¶¶ 12, 23, 134 N.M. 335, 76 P.3d 1092. In this case, we discuss the differenc... More...
   $0 (11-18-2024 - NM)

Adam Clayton Zilm v. Steven Harpe


Tulsa, Oklahoma criminal defense lawyer represented the Plaintiff seeking a writ of habeas corpus.


The victim was K.A., the eleven-year-old daughter of Zilm’s girlfriend. In her
initial disclosures to a neighbor, a sexual assault nurse, and a forensic interviewer, K.A.
said she and Zilm were alone in his bedroom while her mother was at work. She was not
wearing ... More...
   $0 (11-05-2024 - OK)

Cedric Allen Ricks v. Bobby Lumpkin


Dallas, Texas civil rights lawyers represented the Plaintiff seeking a writ of habeas corpus.



Cedric Allen Ricks was convicted in Texas state court of capital mur-
der and sentenced to death for murdering his girlfriend and her eight-year-
old son. Following the denial of his direct appeal and state habeas petition,
Ricks filed this habeas petition in federa... More...
   $0 (11-04-2024 - TX)

Shannon Smith Gartrell v. Edward Conant Gartell, Jr.


Huntsville, Alabama family law lawyers represented husband and wife in a divorce.



"The parties married in 1998 and separated in July or August 2021. On August 24, 2021, the wife filed a complaint for a divorce. On September 24, 2021, the husband answered the complaint and filed a counterclaim for a divorce. At the trial on January 3, 2023, the wife sought, among other t... More...
   $0 (10-18-2024 - AL)

Sharon Smith Cartrell v. Edward Conant Cartrell, Jr.


Huntsville, Alabama family law lawyers represented the husband and wife in a divorce.



"The parties married in 1998 and separated in July or August 2021. On August 24, 2021, the wife filed a complaint for a divorce. On September 24, 2021, the husband answered the complaint and filed a counterclaim for a divorce. At the trial on January 3, 2023, the wife sought, among oth... More...
   $0 (10-18-2024 - AL)

James Courtney v. Kim Butler


East St. Louis, Illinois prisoner civil rights lawyer represented the Plaintiff.



Prisoners in the United States have a number of civil rights protections, including:

First Amendment

Prisoners have the right to free speech and practice their religion, but there may be some limitations.

Fifth Amendment

Prisoners have the... More...
   $0 (10-16-2024 - IL)

Joel Brown v. City of Toledo


Toledo, Ohio prisoner civil rights lawyer represented the Plaintiff.



Prisoners in the United States have a number of civil rights protections, including:

First Amendment

Prisoners have the right to free speech and practice their religion, but there may be some limitations.

Fifth Amendment

Prisoners have the right to no... More...
   $0 (10-15-2024 - OH)

Richard Scott Shafer v. Micheal Rutledge


Corpus Christi, Texas prisoner civil rights lawyer represented the Plaintiff.



Plaintiff Richard Scott Shafer, an inmate proceeding pro se and in forma pauperis, has filed this prisoner civil rights action pursuant to 42 U.S.C. § 1983. Pending before the Court is a Motion to Dismiss filed by Michael Rutledge, Joseph Wright, the Commissary Manager, Christi Garcia, and Do... More...
   $0 (10-14-2024 - TX)

Leslie Briggs v. Allie Friesen

Oklahoma City, Oklahoma civil rights lawyers

The lawsuit alleges a violation of due process rights by failing to provide timely court-ordered competency restoration services for some pretrial defendants deemed incompetent to stand trial. The result says AG Gentner, has delayed justice for victims of crime and could potentially cost Oklahoma taxpayers if a remedy can’t be reached.
<... More...
   $0 (10-09-2024 - OK)

United States of America v. Pedro Gonzalez


Corpus Christi, Texas conspiracy to transport undocumented aliens within the United States criminal defense lawyer represented the Defendant.



Title 8, U.S.C. § 1324(a) defines several distinct offenses related to aliens. Subsection 1324(a)(1)(i)-(v) prohibits alien smuggling, domestic transportation of unauthorized aliens, concealing or harboring unauthorized aliens, e... More...
   $0 (10-04-2024 - TX)

United States of America v. Matthew Patrick Tovar


Corpus Christi, Texas conspiracy to distribute controlled substance criminal defense lawyer represented the Defendant.

... More...
   $0 (10-04-2024 - TX)

Prosecuting Attorney, 21st Judicial Circuit re rel. Marcelus Williams v. State of Missouri, et al.


St. Louis, Missouri Prosecuting attorney represented the Plaintiff seeking dismissal of the charges filed against him and exoneration.



Despite nearly a quarter century of litigation in both state and federal courts, there
is no credible evidence of actual innocence or any showing of a constitutional error
undermining confidence in the original judgment. Like eve... More...
   $0 (09-26-2024 - MO)

Brenda Collier v. Coppermill


San Antonio, Texas landlord and tenant lawyers represented tenant and landlord in a forcible detainer action.



"Tenant to vacate by 8-31-24[;] if not eviction granted and writ to be issued."

"[A] final judgment cannot be conditioned upon future or uncertain events." Clarent Energy Servs., Inc. v. Leasing Ventures, LLC, No. 01-18-00036-CV, 2018 WL 408700... More...
   $0 (09-20-2024 - TX)

"IN RE JOSE MANUEL FIGUEROA, JOANA MARCELIA FIGUEROA, CLAUDIA ALINA ESPIN VILLALOBOS, D'YAVE FIGUEROA ESPIN, ZARELEA FIGUEROA, AND MARCO CHACON FERNANDEZ


Edinburg, Texas probate lawyers represented the parties in a determination of heirs dispute.


Alonzo and Figueroa were married from 1999 to 2006. Their marriage was dissolved by a "Final Decree of Divorce" signed on October 25, 2006.[2] This original divorce decree contained numerous provisions specifically addressing the division of their marital estate. For instance, th... More...
   $0 (08-22-2024 - TX)

United States of America v. Tujuane Leno Lowry


Pierre, South Dakota felony possession of a firearm criminal defense lawyer represented the Defendnt.



On March 10, 2023, after the state trial date was continued, the government moved the court to unseal Lowry's federal indictment and obtained a writ of habeas corpus ad prosequendum that allowed for the transfer of Lowry from state to federal custody. Lowry appeared in ... More...
   $0 (08-18-2024 - SD)

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