advocatemmmohan
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writ of habeas corpus
SUPREME COURT OF THE UNITED STATES=Under the Antiterrorism and Effective Death Penalty Act, a state prisoner seeking a writ of habeas corpus from a federal court “must show that the state court’s ruling on the claim being presented in federal court was so lacking in justification that there was an error well understood and comprehended in existing law beyond any possibility for fairminded disagreement.” Harrington v. Richter, 562 U. S. ___, ___ (2011) (slip op., at 13). The Court of Appeals for the Sixth Circuit purported to identify three such grievous errors in the Ohio Supreme Court’s affirmance of respondent Archie Dixon’s murder conviction. Because it is not clear that the Ohio Supreme Court erred at all, much less erred so transparently that no fairminded jurist could agree with that court’s decision, the Sixth Circuit’s judgment must be reversed.
Cite as: 565 U. S. ____ (2011) 1 Per Curiam SUPREME COURT OF THE UNITED STATES DAVID BOBBY, WARDEN v. ARCHIE DIXON ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT No. 10–1540. Decided November 7, 2011 PER CURIAM. Under the Antiterrorism and Effective Death Penalty Act, … Continue reading
custody of a child = Mother is accused of murdering his father and her husband. She has a paramour with whom she is now residing. There is no pleading that mother is alone or that she will abode separately from her paramour. If custody of the child is handed over to her then he will be an unwanted intruder in their lives. Her paramour will have no compassion for him nor will he relish his company. Under such circumstances it is remote to conclude that mother will be able to foster the child in a healthy and congenial atmosphere. Not only the lover and beloved are important in this matter but the society around them will also have an impact on the upbringing of the child. It is very doubtful that detenue will have friendship with the adolescents of his age. As observed above quality of home atmosphere and surrounding enviorenment are important aspects to be taken note of. For litigating accused of a murder charge, it will be difficult to rear up the child in an atmosphere required for the said purpose.
HIGH COURT OF JUDICATURE AT ALLAHABAD AFR Reserved Habeas Corpus Writ Petition No. 9721 of 2011 Master Shobhit …………………………………………..Petitioner Versus State of U.P. and others …………………………….Respondents Hon. Vinod Prasad, J Manju Sonkar, a widow mother, natural and legal guardian of detenue petitioner Master Shobhit, has approached this court for issuance of a writ of Habeas … Continue reading
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