What is the history of a petition for writ of habeas corpus?

MultiRegion, United States of America

The following excerpt is from Carter v. Rackley, No. 2:16-cv-0013 WBS DB P (E.D. Cal. 2019):

On March 6, 2002, petitioner filed a petition for writ of habeas corpus in this court, Carter v. Finn, 2:02-cv-0486-GEB-PAN (the "first federal petition" or "first petition"). There, petitioner raised four claims concerning the same 1997 stalking conviction underlying this case: (1) the trial court erred when it allowed the jury to consider unspecified criminal counts against petitioner; (2) the trial court erroneously excluded petitioner's spontaneous declaration as hearsay; (3) instructional error; and (4) sentencing error. This petition was dismissed as untimely on October 10, 2013.

Other Questions


What is the test for a motion under Habeas Rule 4 to dismiss a petition for writ of habeas corpus? (MultiRegion, United States of America)
Can a Federal Habeas Corpus Petitions Petitions be brought before the Court? (MultiRegion, United States of America)
Does a motion to dismiss a petition for a writ of habeas corpus require a full response to the petition? (MultiRegion, United States of America)
Can a petitioner whose petition for habeas corpus is procedurally barred obtain consideration of the merits of his petition if he can establish that he is innocent? (MultiRegion, United States of America)
Does section 2241 of the Habeas corpus act as a substitute for a motion of habeas corpus? (MultiRegion, United States of America)
What is the effect of a classification order being reviewed in a criminal proceeding or on a habeas corpus petition? (MultiRegion, United States of America)
Can a habeas petition be dismissed for abuse of the writ if it asserts that the petitioner can have raised the same claim in the previous petition? (MultiRegion, United States of America)
What is the test for treating a petition for habeas corpus as a motion for relief? (MultiRegion, United States of America)
How have courts treated a habeas corpus petition in the district courts? (MultiRegion, United States of America)
What is the test for a de novo decision to grant or deny a petition for habeas corpus? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.