Anybody knowledgeable about habeas writs?

Question

the federal public defender did a reply May 5, 2007. How long do Judges usually take to make their ruling? Are there any statistics on how long Judges take on cases that are not death penalty or life sentences? Any averages? Please don't tell me they have no time tables and there is no way to predict.

the pd made her final reply. the writ is in the hands of the judges. this is a federal writ of habeas corpus.

Answer 1

I know you said "please" - but, sorry, there is no time table, and no way to predict. While the answer above may be correct in some districts, the fact is that each district and each judge has his or her own caseload and accompanying backlog.

While some judges make their decisions immediately at the hearing, most take the matter under advisement. Some schedule oral arguments, others don't.

It seems that your attorney filed his written papers, and the reply is the last one in almost every case. So it's up to the judge to decide if there is an issue worthy of oral argument, if and when arguments are to be scheduled, and then render a decision.

If you have to go through each of those steps, you're looking at a minimum of two months in most districts, and a maximum of several months before you'll have a decision.

Answer 2

After the hearing on the motion, the response usually takes 1 to 2 weeks.

It's not matter of statistics. Each court has its own local rules for how long a judge may deliberate on a matter after hearing before making a ruling.

You mention that the PD made a reply in May. I'm assuming you mean they filed the writ in May. Has there been an actual hearing yet, or is the hearing still scheduled? Typically, once a motion is filed, the hearing happens within 1 to 2 months, depending on the backlog of the court.

Answer 3

A writ of habeas corpus --"the great Writ"--is a criminal action to unfastened somebody who's illegally imprisoned, and it incredibly is further initially in the trial point of state courtroom (eg. improved courtroom of the city and County of l. a.) or federal courtroom (eg. U.S. District courtroom of the Southern District of California). it incredibly is a civil writ, and is not any longer further previously a "criminal courtroom." the alternative between state or federal is predicated upon regardless of if the guy is being held in a state or federal facility, often because of the fact there has been the two state or federal expenditures further, trial, conviction and allure. it incredibly is often the final wish of an unjustly convicted accused. The circumstances at Guantanamo, the place all human beings is being held with out expenditures or get admission to to the courts is somewhat unusual. the present administration and a few individuals of Congress try to get rid of their suitable to habeas corpus, even although the U.S. shape states, ""The Privilege of the Writ of Habeas Corpus shall no longer be suspended, till whilst in cases of insurrection or Invasion the generic public protection will require it." (Article One, section 9).