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Third Circuit Rules that PLRA Doesn't Apply to Habeas
Loaded on Feb. 15, 1997
published in Prison Legal News
February, 1997, page 12
The court of appeals for the third circuit held that the Prison Litigation Reform Act's (PLRA) provision that prisoner litigants pay the filing fee for civil actions does not apply to habeas corpus petitions. The court gave an extensive discussion to the history and intent of the poorly drafted PLRA. ...
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More from this issue:
- New Plantation, by Bill Dunne
- Washington Grievance Mail Case Reversed
- Costs of Crime, by JW Mason
- Late Notice of Appeal Allowed
- Notes from the Unrepenitentiary, by Laura Whitehorn
- Eyewitness News from Missouri, by K.C.
- New Improved Chain Gang, by F.B.
- Circus is in Town
- Stunning Revelations, by Adrian Lomax
- Kansas Prisoners Lose Welfare Fund Suit
- PLRA's IFP Provisions Violate Equal Protection
- Third Circuit Rules that PLRA Doesn't Apply to Habeas
- PLRA IFP Provision Applied Retroactively
- PLRA Doesn't Apply Retroactively to Special Masters
- Rosenberg Fund for Children, by Carol Carvalho
- South Carolina Consent Decree Terminated under PLRA
- Corcoran Prison Cover-up, by Willie Wisely
- Tennessee Jail Overcrowding is State's Fault
- Prison Health Report Issued
- Book Review: Constitutional Rights of Prisoners
- Women's Prison Book Project
- World Criminal Justice Systems: A Survey
- Corrections in the Community (book)
- New Jersey Sex Offender Registration Injunction Vacated
- Prison Population Growth in 1995
- No Administrative Exhaustion Requirement in 7th Circuit
- Informant Testimony Must Be Reliable
- New York Work Release Creates Liberty Interest
- Private Prison Liable for Wrongful Imprisonment
- Lawsuits Target Georgia Prison Abuse, by Robert Bensing
- ADA Requires Phones for Deaf
- News in Brief
- Inadequate Public Defender Funding Unconstitutional
More from these topics:
- Third Circuit Grants Habeas Relief to Prisoner on Confrontation Clause and Ineffective Assistance Claims Based on Trial Court Reading Entire Criminal Information Into the Record of Co-Conspirator Who Pleaded Guilty, Feb. 15, 2025. Habeas Corpus, Ineffective Assistance of Counsel, Exculpatory No Doctrine, Confrontation Clause/Rights, Witnesses - Prior Statements/Testimony, Plea Agreements/Guilty Pleas.
- Texas Court of Criminal Appeals Grants Habeas Relief in ‘Shaken Baby Syndrome’ Case, Feb. 1, 2025. junk science, Habeas Corpus, Forensic Sciences, Child Abuse/Abusers, Evidence - Admissibility.
- California Prisoner Awarded Over $1.26 Million in Suit Challenging Withheld Legal Mail Which Resulted in Habeas Loss, Jan. 15, 2025. Settlements, Habeas Corpus, Mail Regulations, Legal Mail.
- Georgia Supreme Court Grants Habeas Relief Where Both Trial and Appellate Counsel Provided Ineffective Assistance by Failing to Challenge Indictment for Residential Burglary That Failed to Allege Defendant Illegally Entered a ‘Dwelling’, Jan. 15, 2025. Habeas Corpus, Ineffective Assistance of Counsel, Constitutional Challenges/Law.
- Ninth Circuit Holds District Courts Have No Authority Under Rule 4 of Rules Governing § 2254 Cases to Dismiss Habeas Petition on the Merits, Dec. 15, 2024. Habeas Corpus, Dismissal, Authority and Jurisdiction.
- Ninth Circuit Grants Habeas Relief to California Prisoner on Napue Claim Because Prosecution Failed to Correct Informant’s False Testimony That He Did Not Receive Any Benefit In Exchange for His Testimony, Dec. 1, 2024. Informants, Habeas Corpus, Informants and Paid Witnesses, False Testimony.
- Public Defender Files Habeas Petitions for Detainees at “Horrific” Baltimore Lockup, Nov. 15, 2024. Failure to Treat, Conditions of Confinement, Hygiene Supplies, Disclosure of Records, Habeas Corpus.
- Ninth Circuit Denies Habeas Relief to Prisoner Who Invoked Fifth Amendment Right to Counsel During Custodial Interrogation but Made Incriminating Statements to Undercover Informant Posing as Fellow Prisoner Because Right to Counsel Not Violated, Nov. 1, 2024. Habeas Corpus, Custodial Interrogations/Statements, Counsel - Right to.
- Georgia Supreme Court Grants Habeas Where Defense Counsel Failed to Understand State Self-Defense Statute Provides Complete Defense to Felony Murder Based on Felon-in-Possession Charge, Oct. 1, 2024. Habeas Corpus, Felon in Possession Statute, Ineffective Assistance of Counsel, Murder/Felony Murder.
- Fourth Circuit Chides Virginia Magistrate for Assuming Prisoners Proceed IFP, Aug. 15, 2024. Filing Fees, Indigent Defendants - Fees and Expenses, In Forma Pauperis.