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Tag: Habeas Corpus

Sullivan: Ticktin’s legal maneuver revives Tina Peters’ constitutional challenge
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Gateway Pundit, Approved, Commentary, National

Sullivan: Ticktin’s legal maneuver revives Tina Peters’ constitutional challenge

By Jason Sullivan | Commentary, The Gateway Pundit What was expected to be the quiet dismissal of Tina Peters’ federal habeas petition — challenging a state court ruling that denied her bond — became one of the most dramatic legal turnarounds in recent memory, as Trump attorney Peter Ticktin and his team delivered a precise, devastating First Amendment argument that stopped the court in its tracks. The federal court in Colorado — now entertaining jurisdiction under a habeas corpus petition — has formally agreed to receive refined constitutional arguments by this Friday, July 25, focused exclusively on whether Tina Peters is being unlawfully imprisoned for her political speech — a violation of her First Amendment rights that, if confirmed, could result in her immediate release on bond...
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Flawed filing stalls Peters’ release bid as DOJ weighs in and President Trump demanding action
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Approved, coloradopolitics.com, State

Flawed filing stalls Peters’ release bid as DOJ weighs in and President Trump demanding action

By Michael Karlik | Colorado Politics A federal judge on Monday warned former Mesa County clerk Tina Peters that her request to be released while she appeals her 2024 criminal convictions appears to be brought improperly and may be subject to dismissal. Jurors convicted Peters for her role in a security breach of her office's voting equipment. She is currently serving a nine-year sentence of incarceration. While the state's Court of Appeals reviews her conviction, Peters has filed a federal petition for "habeas corpus," a legal tool used to challenge one's confinement. Specifically, Peters is seeking to be released on bond while her appeal moves forward in state court. In a May 5 order, Chief U.S. Magistrate Judge Scott T. Varholak identified a problem with the petition....
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American Rights Alliance files amicus brief, backs Tina Peters’ habeas petition over political targeting
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Approved, Local, National, State, yourNEWS

American Rights Alliance files amicus brief, backs Tina Peters’ habeas petition over political targeting

By yourNEWS | yournews.com Denver, CO — Former Mesa County Clerk Tina Peters is seeking release from detention through a federal habeas corpus petition, alleging that her prosecution and incarceration violate federal law and her constitutional rights. The case, Tina Peters v. John Feyen and Philip J. Weiser, Civil Action No. 1:25-cv-00425-STV, is currently before U.S. District Court Judge Scott T. Varholak in the District of Colorado. Peters, convicted at the state level for actions taken while serving as the chief election official for Mesa County during the 2020 election, is now challenging the legitimacy of her prosecution. Her legal team argues that her actions were not only lawful but mandated by her duties under federal law to preserve election records. The America...
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Tina Peters asks court for relief, feds ask for caution—judge asks why
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Approved, denvergazette.com, National, State

Tina Peters asks court for relief, feds ask for caution—judge asks why

By Michael Karlik | Denver Gazette A federal judge on Tuesday struggled to understand why the United States government is claiming an "interest" in a relatively narrow issue related to the prosecution and conviction of former Mesa County clerk Tina Peters. Although the government now alleges Peters' state criminal case may have been politically motivated, the U.S. Department of Justice's attorney would not say what evidence, if any, the department has to that effect. When the federal government files a statement asserting it has an interest in a case, "the typical situation is, 'We have an interest, judge, that you may not know about and we want you to be aware of it,'" said Chief U.S. Magistrate Judge Scott T. Varholak during a hearing. "I’m just struggling to see what you all br...
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