×
You've used up your 3 free articles for this month. Subscribe today.
Habeas Hints: Procedural Update
Loaded on Jan. 15, 2003
by Kent Russell
published in Prison Legal News
January, 2003, page 6
This column is intended to pro-vide habeas hints for prisoners who are considering or 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.
Filed under:
Civil Procedure,
Administrative Exhaustion,
Limitations,
Habeas Corpus.
Location:
United States of America.
PROCEDURAL UPDATE ...
Full article and associated cases available to subscribers.
As a digital subscriber to Prison Legal News, you can access full text and downloads for this and other premium content.
Already a subscriber? Login
More from this issue:
- Washington Prison Health Care Substandard, by Angela Galloway
- From the Editor, by Paul Wright
- Habeas Hints: Procedural Update, by Kent Russell
- The Long Silence: Federal Prisoners' Fight to Get the Word Out Reaches Unprintable Extremes, by Alan Prendergast
- Book Review: From Prison to Home, by Roger Hummel
- North Carolina Jail Fire Kills Eight Prisoners
- Alabama DOC Quickly Settles Prison Working Conditions Suit, by John E Dannenberg
- Hustler Magazine Survives Arizona Prison Obscenity Test
- Los Angeles County Settles Overdetention Suits for $27 Million, by John E Dannenberg
- Sexual Assault Violates Eighth Amendment
- Wackenhut Warden and Six Guards Convicted In New Mexico Prisoner Beatings
- California's Parole Revocation System Violates Due Process, by John E Dannenberg
- Virginia Guards Acquitted of Assaulting Prisoner, by Michael Rigby
- Sentence Commuted for Sexually Assaulted New Mexico Prisoner
- Ninth Circuit Upholds BOP's Prorated Good Time Formula
- Inartful Pro Se Exhaustion of Administrative Remedies Survives Motion to Dismiss
- Deaf Michigan Prisoner's ADA/RA Suit Survives Dismissal Challenge
- USPC Parole Revocation Policies Violate Due Process, by David Reutter
- Trial in Prison Violates Oregon's "Public Trial" Guarantee
- Amendment of Complaint to Identify Unknown Defendant Denied
- Denial of Wheelchair Claims Survive Summary Judgment
- PLRA Does Not Apply to Juvenile Facilities; $379,000 Attorney Fees and Costs Awarded, by David Reutter
- Excessive Force and Delaying Medical Treatment Defeats Dismissal
- Diabetic's Amputation Suit Set for Trial
- No Immunity for Failing to Protect Murdered Informant; Correctional Industries Employees Are State Actors
- Colorado Ad-Seg Decisions Subject to Judicial Review
- 7th Circuit: PLRA Exhaustion Requirements Retroactive; BOP Has Late Grievance Hardship Exception
- $27,848.30 Award in Texas Jail Slip and Fall Upheld
- A Jailhouse Lawyer's Manual, Fifth Ed. and 2002 Supplement, by Paul Wright
- Less Restrictive Alternatives Must Be Considered in Washington Sex Predator Commitments
- Brutal Jail Conditions Warrant Reduced Federal Prison Sentence
- News in Brief
- FLSA Inapplicable to Oklahoma Prisoners in Private Prisons
- 7th Circuit Denies Qualified Immunity on ETS Claim
- All Aspects of Inadequate Medical Need Not Be Exhausted
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.