Can the state continue to seek a motion for habeas corpus against a convicted rapist?
MultiRegion, United States of America
The following excerpt is from Mathis v. Hood, 937 F.2d 790 (2nd Cir. 1991):
Mathis v. Hood, 851 F.2d 612, 613-14 (2d Cir.1988) ("Mathis I" ). In Mathis I, the state argued that because the appellate division had affirmed the conviction, the habeas corpus action had become moot. We disagreed. We also rejected the district court's conclusion that Mathis had failed to exhaust his state remedies, so we remanded the case to the district court "to address the merits of petitioner's due process claim and determine what relief, if any, may be available." 851 F.2d at 615.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does a habeas petitioner who has been convicted of a criminal charge in a federal criminal court have to apply to have his conviction reduced to a state conviction or the length of his confinement in a state prison? (MultiRegion, United States of America)
Can a state court refuse to grant a continuance of a motion for a writ of habeas corpus? (MultiRegion, United States of America)
Does a habeas petitioner who has been convicted of a criminal charge in a federal criminal court have to apply to have his conviction reduced to a state conviction or the length of his sentence? (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)
When Pizzuto files his initial federal habeas corpus petition, does he have to return to state court to exhaust all of his post-conviction claims? (MultiRegion, United States of America)
What is the test for appeal from the Court of Appeal against the denial of a Writ of Habeas Corpus application brought by a state prisoner convicted of murder? (MultiRegion, United States of America)
Are there any cases where the Supreme Court has found that criminal convictions for common law crimes against individuals who have not been convicted of criminal convictions are sufficient grounds for criminal convictions? (MultiRegion, United States of America)
What is the proper venue for a writ of habeas corpus petition challenging a conviction in a judgment of a state court? (MultiRegion, United States of America)
In a state habeas corpus action, in what circumstances will counsel be allowed to continue in his "official capacity" role? (MultiRegion, United States of America)
What is the test for declining to hear a motion for motion for writ of habeas corpus? (MultiRegion, United States of America)
