×
You've used up your 3 free articles for this month. Subscribe today.
Habeas Hints
This column is intended to provide 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.
STANDARD OF ...
STANDARD OF ...
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:
- The Crime of Being Poor, by Paul Wright
- Texas Medical Provider Investigated for Mixing, Selling Bodies
- Wichita Kansas Pays $6.2 Million to Settle Detainees' Lawsuit
- From the Editor, by Paul Wright
- No Termination of Special Parole Upon Deportation
- The Shame of Prison Health, by Sasha Abramsky
- Proof of Actual Rights Violation Required for Attorney Fee Award
- Habeas Hints, by Kent Russell
- Ohio Federal District Court Finds RLUIPA Constitutional
- YSI: Another Death, Another Settlement
- New Mexico Supreme court Affirms Dismissal of Phone Rate Suit
- Texas Tries to Hire Incompetent Doctors to Review Medical Care
- Retaliatory Prisoner Transfer for Exercising First Amendment Rights is "Adverse Determination" Under the Privacy Act, by Bob Williams
- Evidence Suppressed in California Ex-Parolee's Warrantless Search, by John E Dannenberg
- PLRA Not Applied to Attorney Fees, $407,635 for Puerto Rican Prisoners
- Texas Prisoners Have Limited Right to Appear at Expungement Hearing
- Washington DOC Settles ADA Suit for $8,000, by Roger Smith
- Seventh Circuit Vacates $1.8 Million Award in BOP Suicide
- Injunction Allows Legal Mail Between Iowa Prisoners
- "Atypical And Significant" Hardship Segregation Claim Cannot Be Dismissed Under §1915(e)(2)
- $345,000 Settlement in Pennsylvania Jail Rape Suit
- $14 Million Settlement in U.S. Corrections Corporation Pension Plan Suit, by Michael Rigby
- Guajardo (Texas Prison Mail) Suit Dismissed
- Alaska Prisoners' Benefits Extended to Arizona
- Washington Women's Medical Care Consent Decree Ended
- Ex-Employee Wins $500,000 Religious Discrimination Award Against TDCJ
- $174,175 Awarded in D.C. Conditions and Medical Suit
- $250,000 Award for Texas Jail Paraplegic Upheld
- Hawaii Adopts "Mailbox Rule" in Prisoner Civil Actions
- New Jersey's Five Percenters an STG and a Religion, by David Reutter
- Mailbox Rule Tolls Statute of Limitations in BOP Medical Suit
- Incarcerated Father Retains Child Visitation Rights
- PLRA Physical Injury Requirement Not Applicable to First Amendment Compensatory Damages
- Third Circuit Holds PLRA Exhaustion Requirement an Affirmative Defense, by Bob Williams
- Deposition Testimony Not Hearsay; Expert Must Satisfy Daubert in BOP Van Accident
- News in Brief
- Beaten Philadelphia Prisoner Gets $125,000, Two Guards and Warden Get Time
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.