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Habeas Hints: Apprendi
by Atty. Kent Russell
[This column is intended to provide "Habeas Hints" for prisoners who are handling habeas corpus petitions as their own attorneys. The focus of the column is habeas corpus practice under the AEDPA, the 1996 habeas corpus law which now governs habeas corpus practice throughout the U.S.] ...
[This column is intended to provide "Habeas Hints" for prisoners who are handling habeas corpus petitions as their own attorneys. The focus of the column is habeas corpus practice under the AEDPA, the 1996 habeas corpus law which now governs habeas corpus practice throughout the U.S.] ...
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More from this issue:
- New York Guards Watch as Prisoner Kills Cellmate
- From the Editor
- Executive Director Note
- $1.1 Million Awarded in Texas Restraint Chair Settlement, by Ronald Young
- Michigan DOC Sex Abuse Suit Nets Nearly $4 Million, by Roger Smith
- Michigan Prison Visitor Forced to Wet Pants Wins $40,000 in Damages and Fees
- Brutality Behind the Orange Curtain, by Willie Wisely
- Private Prison Corporation Can Be Sued in Bivens Action: Supreme Court Grants Review, by John E Dannenberg
- INS Force-Feeds Long-Term Detainee, by Mark Dow
- BOP Changes Organ Transplant Policy, by Robert Durkee
- Pelican Bay Policy Banning Internet-Generated Mail Upheld
- 305 Days in New York SHU Is Atypical
- Trial Required in Pennsylvania Failure to Protect Suit
- Notes From the Unrepenitentiary: Whose Security?, by Marilyn Buck
- New York Nazi Guard Charged with Sodomy
- Unjust Rape Conviction Nets New York Man $530,000
- Habeas Hints: Apprendi, by Kent Russell
- Turkish Prisoners Struggle Against Transfers, by Julia Lutsky
- Two Escape from Oklahoma Control Unit
- U.S. Supreme Court Requires Futile Administrative Exhaustion
- Washington Civil Commitment Injunction Upheld
- Arizona Supreme Court Rules on 1993 Earned Release Statute
- $80,000 Settlement in CDC Transsexual Suit
- Court Awards $146,000 in Arizona Medical Indifference Case, by Lonnie Burton
- Kansas Disciplinary Restitution Orders Authorized
- Pre-Sentence Detention Earns Good Time Credits in Montana Prison
- PLRA Attorney Fee Cap Analyzed
- Dismissal of Washington Persistent Prison Misbehavior Charge Upheld
- Retaliation Complaint Not Frivolous if Not Irrational or Wholly Incredible
- Kansas 2-Year Visiting Restriction Unauthorized
- Arizona Judgment Seizure Statute Upheld; Fees Protected
- Retaliation Claim Not Foreclosed by Sandin
- New York District Court Reversed for Failure to State Legal Reasoning
- Washington ISRB May Rescind Parole after Final Discharge
- No Due Process for Washington Sex Offender Registration
- News in Brief
- Washington Sex Offenders Settle Suit for $150,000
- DC Prisoner Wins $175,000 in Conditions Case, by David C Fathi
More from Kent Russell:
- Habeas Hints: Discovery on Habeas Corpus, May 15, 2019
- Habeas Hints: SCOTUS Review 2017-18, Jan. 17, 2019
- Habeas Hints: Evaluating and Initiating IAC Claims, Nov. 28, 2018
- Habeas Hints: Ineffective Assistance of Trial Counsel - Hints for 2018: IAC #1, Jan. 19, 2018
- Habeas Hints: SCOTUS Review 2016–17, Nov. 16, 2017
- Habeas Hints, Oct. 26, 2015
- Habeas Hints: Supreme Court Habeas Review 2014, Nov. 8, 2014
- Habeas Hints: Evidentiary Hearings, May 15, 2006
- Habeas Hints: How to Get DNA Testing, Feb. 15, 2006
- Habeas Hints, Sept. 15, 2005
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.
- Third Circuit Orders Evidentiary Hearing on State Prisoner’s Petition Seeking Federal Habeas Relief Because Both State and Federal Courts Denied Relief Without Holding Hearing on IAC Claim That, if Proven, Would Entitle Him to Relief, Aug. 1, 2024. Evidentiary Ruling, Habeas Corpus, Ineffective Assistance of Counsel, Counsel - Effective Assistance of.