Petitioner, Gregory Dean Banister, was convicted of aggravated assault with a deadly weapon and sentenced to thirty years in prison in a Texas state court. Banister v. Davis (District Court) at 1–2. Banister appealed his conviction, arguing that the...
habeas corpus
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While released on bail and facing burglary charges in 1982, Joseph Kindler murdered one of the accomplices to the burglary, David Bernstein, because he was cooperating with the police and had been granted immunity to...
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On October 29, 1999 in Winchester, Virginia, Sergeant Ricky Timbrook and two probation officers encountered Petitioner Edward Bell and another man while searching for a wanted parolee. See Bell v. Kelly, No. 06-22 at 10 (4th Cir. Jan. 4, 2008) (...
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On February 12, 1992, Michigan police arrested Diapolis Smith (“Smith”), an African-American man, in relation to a shooting death at a nightclub in Grand Rapids, Michigan. See Smith v. Berghuis, 543 F....
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These consolidated cases involve federal court jurisdiction over petitions for writs of habeas corpus filed by foreign nationals detained at the United States Naval Station in Guantanamo Bay. The writ of habeas corpus allows a detained person to...
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On May 14th, 1984, defendants John Stumpf and Clyde Wesley knocked on the door of Norman and Mary Jane Stout and asked to use the phone. The record is clear on the initial events. After entering, Stumpf and Wesley pulled out guns. Stumpf held the...
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On January 13, 2007, Ervine Lee Davenport and Annette White were drinking alcohol and using cocaine at a friend’s house when White began acting belligerently. Davenport v. MacLaren at 2. Several of White’s friends asked her to leave, and Davenport...
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This case arises from Kevan Brumfield’s 1993 conviction for the murder of a Baton Rouge police officer and an attempted armed robbery. See Brumfield v. Cain, 854 F. Supp. 2d 366, 371 (M.D. La. 2012). On January 5, 1993, Brumfield and an associate went...
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Petitioner Duane Buck was convicted of capital murder for the July 1995 deaths of his ex-girlfriend Debra Gardner and her friend Kenneth Butler. See Buck v. Stephens, No.14-70030 at *2 (5th Cir., filed Aug 20, 2015). During the sentencing phase, Buck’s...
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On May 13, 1994, Mathew Musladin went to the home of his estranged wife, Pamela, to pick up their son for scheduled visitation. Musladin v. Lamarque, 427 F.3d 653, 654 (9th Cir. 2005). Pamela lived in that house with her ...