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LSDefine

Simple English definitions for legal terms

new ruling

Read a random definition: ATIMA

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.

new-rule principle | New Rules

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texaslawhopefully
22:30
@KnowledgeableRitzyWasp: That all sounds great. It sounds like it has fairly diverse cuisine for a smaller city
yeah there are so many good cuisines in ithaca
renard99
22:31
@lilypadfrog: that’s a pity I’da be liking them all
texaslawhopefully
22:31
Only food I’m going to miss for sure if I leave Texas is texmex
22:31
waspy hasnt had thai food in ithaca yet. ithaca thai is so good
^^^^ truuuuuu
22:32
there are two major thai places and they have very similar names bc a divorced husband and wife own them lol
22:32
personally i think taste of thai is better than taste of thai express but thats just me
i had pho tho and it was really good and huge portions
texaslawhopefully
22:32
Glad they have good Thai food, I love Thai food! Can’t wait to visit :)
22:33
when tex goes to ithaca i want to come
Dkk
22:34
Crying Tiger, best Thai dish.
damn im so hungry all i had today was a curry tonkatsu and buldak
and it was a lil baby noodle cup
vvv hungry
22:36
curry tonkatsu so yummeh
22:36
whats even open rn? pizza?
CTB is it i think
22:37
is collegetown pizza not open
22:37
i used to get a slice from there or wings over at like 1am after my shift at the restaurant
Dkk
22:48
Ross Ulbricht free. God Bless Trump. Huge win.
JeremyFragrance
22:54
agreed
texaslawhopefully
22:55
This is an interesting read: https://thedispatch.com/article/birthright-citizenship-trump-implications/
Dkk
23:01
I mean, idk how it's possible to end birth right citizenship without amending the constitution because to me the 14th amendment is pretty clear about it.
ross ulbricht tried to hire a hitman to kill 5 people
i am not that sympathetic to him
Dkk
23:04
@KnowledgeableRitzyWasp: That might have been an FBI agent. It was most likely him and he was most likely doing it to retrieve stolen funds that corrupt FBI agents stole, but yeah moral gray area but me personally, cool with hitmen. It's not like it is uncommon to hire hitmen. I don't think the action itself is necessarily wrong but the intent behind it can be.
Dkk
23:05
Like, Boeing whistblowers being killed by hitmen = wrong but a guy hiring hitmen to retrieve stolen funds = good to me.
texaslawhopefully
23:05
@Dkk: Yeah, for sure. My guess is it'll go to SCOTUS and it'll be 8-1 or 7-2, saying that EO was unconstitutional.
Dkk
23:06
Indeed. I need a count for how many exectuive orders he has signed and how many already have pending lawsuits.
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