74 Cited authorities

Crawford v. Washington
541 U.S. 36 (2004) Cited 17,472 times 82 Legal Analyses
Holding that the Sixth Amendment's Confrontation Clause bars "admission of testimonial statements of a witness who did not appear at trial unless he was unavailable to testify, and the defendant had had a prior opportunity for cross-examination"
Kyles v. Whitley
514 U.S. 419 (1995) Cited 7,290 times 36 Legal Analyses
Holding the State's disclosure obligation turns on the cumulative effect of all suppressed evidence favorable to the defense
Brady v. Maryland
373 U.S. 83 (1963) Cited 43,755 times 133 Legal Analyses
Holding that the prosecution violates due process when it suppresses material, favorable evidence
United States v. Bagley
473 U.S. 667 (1985) Cited 9,462 times 34 Legal Analyses
Holding that there was a Brady violation when federal prosecutors withheld evidence of inducements made to witnesses to encourage them to testify against the defendant
Herrera v. Collins
506 U.S. 390 (1993) Cited 5,556 times 15 Legal Analyses
Holding "the threshold showing for such an assumed right [of actual innocence] would necessarily be extraordinarily high"
Blackledge v. Allison
431 U.S. 63 (1977) Cited 9,340 times 1 Legal Analyses
Holding that the district court erred in summarily dismissing petitioner's habeas petition and stating that, on remand, the district court may either hold an evidentiary hearing or utilize other measures, such as ordering expansion of the record, which may render a hearing unnecessary
United States v. Salerno
481 U.S. 739 (1987) Cited 5,438 times 15 Legal Analyses
Holding that "extensive safeguards" are necessary "to repel a facial challenge"
Bracy v. Gramley
520 U.S. 899 (1997) Cited 3,044 times 6 Legal Analyses
Holding that "the Due Process Clause of the Fourteenth Amendment establishes a constitutional floor, not a uniform standard" and noting the existence of many laws that legislate above that constitutional minimum
In re Winship
397 U.S. 358 (1970) Cited 11,666 times 24 Legal Analyses
Holding that the government must prove every element of a crime beyond a reasonable doubt
United States v. Agurs
427 U.S. 97 (1976) Cited 7,531 times 18 Legal Analyses
Holding that materiality "must be evaluated in the context of the entire record"
Section 2241 - Power to grant writ
28 U.S.C. § 2241 Cited 80,850 times 55 Legal Analyses
Granting courts authority to determine whether detention is "in violation of the . . . laws . . . of the United States"
Rule 403 - Excluding Relevant Evidence for Prejudice, Confusion, Waste of Time, or Other Reasons
Fed. R. Evid. 403 Cited 22,646 times 81 Legal Analyses
Adopting a similar standard, but requiring the probative value to be "substantially outweighed" by these risks
Rule 45 - Subpoena
Fed. R. Civ. P. 45 Cited 16,682 times 105 Legal Analyses
Holding that a subpoena may command a person to attend a trial, hearing, or deposition "within 100 miles of where the person resides, is employed, or regularly transacts business in person"
Section 1651 - Writs
28 U.S.C. § 1651 Cited 11,071 times 60 Legal Analyses
Granting us the power to "issue all writs necessary or appropriate in aid of [our] . . . jurisdiction[] and agreeable to the usages and principles of law"
Section 2243 - Issuance of writ; return; hearing; decision
28 U.S.C. § 2243 Cited 9,888 times 5 Legal Analyses
In 28 U.S.C. § 2243 and 2244, the word "entertain" means a federal district court's conclusion, after examination of the habeas corpus application with such accompanying papers as the court deems necessary, that a hearing on the merits, legal or factual, is proper.
Section 2072 - Rules of procedure and evidence; power to prescribe
28 U.S.C. § 2072 Cited 1,810 times 37 Legal Analyses
Granting the Supreme Court, not the parties, authority to "prescribe general rules of practice and procedure" for federal district court cases
Rule 807 - Residual Exception
Fed. R. Evid. 807 Cited 1,567 times 11 Legal Analyses
Requiring "sufficient guarantees of trustworthiness" under the residual exception to the hearsay rule
Rule 1101 - Applicability of the Rules
Fed. R. Evid. 1101 Cited 1,359 times 3 Legal Analyses
Holding the federal rules of evidence applicable to certain proceedings and not to others
Rule 806 - Attacking and Supporting the Declarant's Credibility
Fed. R. Evid. 806 Cited 355 times 1 Legal Analyses
Allowing attack on credibility of out-of-court declarant
Section 2246 - Evidence; depositions; affidavits
28 U.S.C. § 2246 Cited 136 times
Granting discretion to habeas judge to admit affidavits into evidence

Al-Zarnouqi et al v. Bush et al

74 Cited authorities

Holding that the Sixth Amendment's Confrontation Clause bars "admission of testimonial statements of a witness who did not appear at trial unless he was unavailable to testify, and the defendant had had a prior opportunity for cross-examination"

Holding the State's disclosure obligation turns on the cumulative effect of all suppressed evidence favorable to the defense

Holding that the prosecution violates due process when it suppresses material, favorable evidence

Holding that there was a Brady violation when federal prosecutors withheld evidence of inducements made to witnesses to encourage them to testify against the defendant

Holding "the threshold showing for such an assumed right [of actual innocence] would necessarily be extraordinarily high"

Holding that the district court erred in summarily dismissing petitioner's habeas petition and stating that, on remand, the district court may either hold an evidentiary hearing or utilize other measures, such as ordering expansion of the record, which may render a hearing unnecessary

Holding that "extensive safeguards" are necessary "to repel a facial challenge"

Holding that "the Due Process Clause of the Fourteenth Amendment establishes a constitutional floor, not a uniform standard" and noting the existence of many laws that legislate above that constitutional minimum

Holding that the government must prove every element of a crime beyond a reasonable doubt

Holding that materiality "must be evaluated in the context of the entire record"

Granting courts authority to determine whether detention is "in violation of the . . . laws . . . of the United States"

Adopting a similar standard, but requiring the probative value to be "substantially outweighed" by these risks

Holding that a subpoena may command a person to attend a trial, hearing, or deposition "within 100 miles of where the person resides, is employed, or regularly transacts business in person"

Granting us the power to "issue all writs necessary or appropriate in aid of [our] . . . jurisdiction[] and agreeable to the usages and principles of law"

In 28 U.S.C. § 2243 and 2244, the word "entertain" means a federal district court's conclusion, after examination of the habeas corpus application with such accompanying papers as the court deems necessary, that a hearing on the merits, legal or factual, is proper.

Granting the Supreme Court, not the parties, authority to "prescribe general rules of practice and procedure" for federal district court cases

Requiring "sufficient guarantees of trustworthiness" under the residual exception to the hearsay rule

Holding the federal rules of evidence applicable to certain proceedings and not to others

Allowing attack on credibility of out-of-court declarant

Granting discretion to habeas judge to admit affidavits into evidence