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Released Sex Offender Not "In Custody" for Habeas
Loaded on April 15, 1999
published in Prison Legal News
April, 1999, page 22
Released Sex Offender Not "In Custody" for HabeasIn a case of first impression, the Ninth Circuit ruled that a sex offender who has completed his sentence, but who must register under a so-called "Megan's Law," is not "in custody" for purposes of federal habeas corpus.
In 1990, Elbert W. ...
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- The Mental Torture of American Prisoners: Cheaper Than Lab Rats, Part 2, by Hans Sherrer
- Medical Care Unconstitutional in Puerto Rico Prisons
- From the Editor, by Paul Wright
- PLN Sues Michigan DOC over Censorship of The Celling of America
- Michigan Department of Corrections Fined $300,000 in Contempt Case
- Former Jail Prisoner Awarded $8,000 for Abuse; PLRA Attorney Fee Limit Inapplicable to Juveniles
- Jailhouse Journalism: The Fourth Estate Behind Bars by James McGrath (Book Review), by Paul Wright
- Losing the Vote: The Impact of Felony Disenfranchisement Laws in the United States (Book Review), by Alex Friedmann
- PLRA Exhaustion Requirement Not Retroactive
- PLRA Fee Provisions Apply to All Pending Cases in the Fifth Circuit
- Eighth Circuit Upholds, Defines IFP Provisions
- IFP Application Not Required When Suit Filed
- Physical Injury Requirement Not Retroactive
- No Leave to Amend Complaint for IFP Litigants
- PLRA Doesn't Ban Class Actions
- Trouble in Mind: ADX – The Fourth Year, by Ray Luc Levasseur
- Daring Death Row Escape Shakes up Texas
- Oregon "Predatory Sex Offender" Label Requires Notice and Hearing
- De Facto Ban on Live Testimony Unconstitutional
- South Carolina Parole Elimination Violates Ex Post Facto
- Illegal Detention Violates Substantive Due Process
- Jury Awards $8,000 in California Prison Assault
- New York Prisoners Have Right to Staff Assistance and Witness Testimony
- Seventh Circuit Defines Court Access Claims Involving Property
- Failure to Give Summary Judgement Notice is Reversible Error
- Indiana May Not Deny Pay and Educational Programs to Protective Custody Prisoners
- No Appeal Allowed in Louisiana Consent Decree Dissolution
- U.S. District Courts Have No Authority To Grant Or Deny Credit Toward Sentence
- Denial of Good Time Because of Jury Sentencing Choice Violates Equal Protection
- $45,000 Award in BOP Tort Claim Medical Neglect Suit
- Released Sex Offender Not "In Custody" for Habeas
- New York Jail Brutality Suit Settled for $3,500
- Timothy "Little Rock" Reed Released on Parole
- $1,500 in Disabled Prisoner Work Suit
- $355,000 Verdict in New York Asthma Death
- Mauro Vacated for Rehearing
- Parole Change May Violate Ex Post Facto; Change Can Be Challenged Via § 1983
- BOP Violent Offender Notification Policy Overinclusive
- Twenty-Four Hour Notice of Disciplinary Charges Required
- Seizure of Trust Account Interest Violates Takings Clause
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More from these topics:
- Federal Habeas Corpus: Getting Around Procedural Default, July 15, 2024. Habeas Corpus, Actual Innocence/Claim of Innocence, Ineffective Assistance of Counsel, Summary Disposition, Cause and Prejudice, Proving Cause.
- California Court of Appeal Announces Rulings on Three Issues of First Impression Involving Certificate of Appealability and Habeas Petition, July 15, 2024. Habeas Corpus, Appeals/Appellate Jurisdiction.
- Ohio Supreme Court Announces Same Postconviction-Relief Filing Deadline Applies to ‘Delayed Appeal’ as Applies to Any Other Type of Direct Appeal, July 15, 2024. Habeas Corpus.
- Oregon Parole Board Ordered to Consider Sex-Offense-Free Time When Setting Sex Offender Notification Levels, July 1, 2024. Sex Offender Registration, Sex Offender Registration and Notification Act, Sex Offender Classification.
- Retraction: ‘Federal Habeas Corpus: The Savings Clause Remedy for Federal Prisoners’ by Dale Chappell, May 15, 2024. Habeas Corpus, AEDPA.
- The Death of the Savings Clause, May 15, 2024. Habeas Corpus, AEDPA.
- New York Court of Appeals: SORA Designation Violates Defendant’s Due Process Rights Where Crime Involved No Sexual Contact or Motivation and Defendant Was Not a Sex Offender and Posed No Risk of Sexual Threat, May 15, 2024. Sex Offender Registration.
- Federal Habeas Corpus: Understanding Second or Successive Petitions for State Prisoners, April 15, 2024. Resources, Habeas Corpus, AEDPA.
- Eighth Circuit Announces ‘Categorical Approach’ Applies to SORNA Tier Analysis, April 15, 2024. Sex Offender Registration, U.S. Sentencing Guidelines, Sex Offender Registration and Notification Act, Military.
- Seventh Circuit Orders District Court to Hold Evidentiary Hearing Where Record Insufficient to Permit Review of State Prisoner’s Section 2254 Habeas Petition Alleging Ineffective Assistance of Counsel, March 15, 2024. Habeas Corpus, AEDPA, Sentence and Judgement, Failure to Consult/Investigate/Raise.