[lemma=habeas] [tag=NN | word=□]
[lemma=habeas] [tag=NN | word=petition]
The inmate has the burden of proving a violation of his or her constitutional rights in a habeas proceeding . After an evidentiary hearing , the trial court recommended that habeas relief be denied . " Consistent with the historic purpose of the writ , this Court has recognized the federal courts ' power to review applications for habeas relief in a wide variety of cases involving Executive detention , in wartime as well as in times of peace . Tuttle 's state habeas attorney will attend the execution , and the state trial court judge will be available for any request to reopen state habeas proceedings . Because the habeas process delays the finality of a criminal case , however , the Supreme Court in recent years has attempted to police the writ to ensure that the costs of the process do not exceed its manifest benefits . The authors ' explanation for this aberration is that the Supreme Court has sharply restricted habeas relief and that the appointment-based criteria for privacy , gender , and the environment are not as important for district court appointments . 60-1507 controls Kansas habeas relief for sentencing issues and collateral attacks on convictions . Breard did not raise a Vienna Convention claim prior to the federal habeas proceeding is that , because of the United States ' breach , he had been unaware of his rights under the Convention prior to that time . First , the government urges the adoption of the Fourth Circuit 's holding below - that because it is " undisputed " that Hamdi 's seizure took place in a combat zone , the habeas determination can be made purely as a matter of law , with no further hearing or fact-finding necessary . The law is clear that an inmate claiming violation of his constitutional rights in a habeas proceeding carries the burden of proof . " Susan 's trial judge later gave us a declaration that said if the jury had received expert evidence of battering and its effects , she would have been convicted at most of manslaughter , " said Tara Borelli , Deering 's 26-year-old habeas attorney . The Texas courts have rejected Gallamore 's direct appeals as well as his request for state habeas relief .