20:49
THATS SO FUNNY
Warning
Info
Warning
Info
LSDefine
Simple English definitions for legal terms
new ruling
Read a random definition: Mineral Rights
A quick definition of new ruling:
A new ruling is a decision made by a court that is not based on previous decisions. This means that it cannot be applied to cases that were already decided before the ruling was made. Habeas corpus is a legal term that refers to a writ used to bring a person before a court to ensure that their imprisonment or detention is legal. This writ can also be used to review the legality of an arrest or commitment, the right to or amount of bail, or the jurisdiction of a court that has imposed a criminal sentence. There are different types of habeas corpus writs, including ad subjiciendum, ad faciendum et recipiendum, ad prosequendum, ad respondendum, ad satisfaciendum, and ad testificandum.
A more thorough explanation:
Definition: A new ruling in criminal procedure that is not applicable retroactively to habeas cases because it departs widely from prior doctrine and is not dictated by precedent existing when the defendant's conviction became final. For example, when the Supreme Court ruled in Ford v. Wainwright that the Eighth Amendment prohibits execution of insane prisoners, this new ruling was nonretroactive.
Example: Let's say a person was convicted of a crime and sentenced to death before the Supreme Court's ruling in Ford v. Wainwright. After the ruling, the person files a habeas corpus petition to challenge their death sentence based on the new ruling. However, the court may deny the petition because the ruling is not retroactive and does not apply to cases that were already final.
Explanation: The example illustrates how a new ruling in criminal procedure may not be applicable retroactively to habeas cases. In this case, the Supreme Court's ruling in Ford v. Wainwright was a departure from prior doctrine, and therefore, it was not retroactive. As a result, the person's habeas corpus petition challenging their death sentence based on the new ruling was denied.