Violent Crime Control Act of 1991: Hearings Before the Committee on the Judiciary, United States Senate, One Hundred Second Congress, First Session, on S. 618 ... and S. 635 ... April 18 and 23, May 7 and 15, 1991, Volume 4 |
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Page 337 - Provided, That writs of habeas corpus shall in no case extend to prisoners in gaol, unless where they are in custody, under or by colour of the authority of the United States, or are committed for trial before some court of the same, or are necessary to be brought into court to testify.
Page 339 - An application for a writ of habeas corpus in behalf of a person in custody pursuant to the judgment of a State court...
Page 344 - The very purpose of §1983 was to interpose the federal courts between the States and the people, as guardians of the people's federal rights — to protect the people from unconstitutional action under color of state law, "whether that action be executive, legislative or judicial.
Page 146 - In particular, we hold that there are legitimate state interests at stake in stemming the tide of commercialized obscenity, even assuming it is feasible to enforce effective safeguards against exposure to juveniles and to passersby. Rights and interests "other than those of the advocates are involved.
Page 337 - It must never be forgotten that the writ of habeas corpus is the precious safeguard of personal liberty and there is no higher duty than to maintain it unimpaired.
Page 338 - Statutes, did, however, give authority for that purpose in suits brought against the company in a state court "upon the petition of such defendant, verified by oath, stating that such defendant has a defense arising under or by virtue of the constitution, or of any treaty or law of the United States.
Page 74 - In sum, the rule is a judicially created remedy designed to safeguard Fourth Amendment rights generally through its deterrent effect, rather than a personal constitutional right of the party aggrieved.
Page 38 - Referred to the Committee on and ordered to be printed Ordered to lie on the table and to be printed AMENDMENT Intended to be proposed by Mr.
Page 339 - State court only on the ground that he is in custody in violation of the constitution or laws or treaties of the United States.
Page 300 - I ask unanimous consent that my opening statement be placed in the record at this point.