A blog devoted to law, politics, philosophy, & life. Nothing in this blog is to be construed as legal advice.

Tuesday, January 27, 2004

Writ of Habeas Corpus.

I was once instructed to file a writ of habeas corpus for a client who had been convicted in federal court but not yet sentenced. I said that I could not do so. Em became grouchy and asked, "Why not?"

Two cases you can show your boss are Mitchell v. Esparza (No. 02-1369) and Yarborough v. Gentry (No. 02-1597). These cases provide great rules statements for use in a memo. A law student would be prudent to have these rule statements in mind before taking a Federal Courts exam.

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