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Disciplinary Boards are not "State Courts" Under AEDPA

Loaded on May 15, 2003 published in Prison Legal News May, 2003, page 32
Filed under: Disciplinary Hearings, Evidentiary Ruling (Disciplinary Hearings). Location: Indiana.
Disciplinary Boards are not "State Courts"
Under AEDPA


The Seventh Circuit Court of Appeals held that prison disciplinary boards are not "state courts" for purposes of 28 U.S.C. § 2254(e)(1). As such, "the state may not benefit from § 2254 (e) (1)'s presumption of correctness in appeals from prison disciplinary ...

 

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  2. When Prison Officials Don't Respond Administrative Remedies Are Exhausted
  3. Texas Parole Officer Hires Parolee for Murder, by Gary Hunter
  4. From the Editor, by Paul Wright
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  9. Writing to Win, by John E Dannenberg
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  11. Texas Prison Guard Charged with Raping Male Prisoner; Prisoner Files §1983 Complaint
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  18. BOP Communion Wine Ban Challenged, by David Reutter
  19. Psychologist Not Qualifiedly Immune in Prisoner Suicide Suit, by John E Dannenberg
  20. Texas Guard's Conviction Reversed
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  23. Texas Pro Se Litigant Entitled to Notice of Hearing
  24. ADA Liability Extends to New Jersey County Jail and Vicinage
  25. Dismissal for Failure to Allege Physical Injury Improper
  26. Head of Counsel for Texas Prisoners Fired
  27. Third Circuit Upholds $100,000 Damages Award to Assaulted Pennsylvania Prisoner
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  29. Ninth Circuit Reexamines Standards for Qualified Immunity at Summary Judgment Stage in California Shooting Case, by John E Dannenberg
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  31. Kosher Diets for Prisoners Upheld in Tenth Circuit, by Bob Williams
  32. Exceptions Made To PLRA Exhaustion Requirement; Discovery Allowed, by John E Dannenberg
  33. Wisconsin Lacks Authority Over Funds of Out-of-State Prisoners
  34. Disciplinary Boards are not "State Courts" Under AEDPA
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