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Habeas Hints
This column is intended to provide "habeas hints" to prisoners who are handling habeas corpus petitions as their own attorneys ("in pro per"). The focus of the column is post-conviction practice under the AEDPA, the 1996 law which now governs habeas corpus practice throughout the U.S.
Some Useful Post-Conviction Motions ...
Some Useful Post-Conviction Motions ...
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More from this issue:
- HR-4079: A National Crime Emergency?, by Michael Rigby
- Kentucky Prison Guard Awarded $34,000 in Sexual Harassment Suit
- California Latino Gang Members Locked Down Over 20 Months; Narrow U.S. Attorney Criminal Review Finds "No Abuses"
- Tenth Circuit Reverses Dismissal of PLN Suit Challenging Kansas DOC Ban On Gift Subscriptions, by John E Dannenberg
- From the Editor, by Paul Wright
- Report Lambastes New York Lockdowns, by Michael Rigby
- Report Lambastes New York Lockdowns
- Habeas Hints, by Kent A. Russell
- Oregon HCV Class Action Settled; Limitations Period for Individual Damages Actions Tolled, by Mark Wilson
- Expert Panel Significantly Revises Oregon's HCV Guidelines
- Alabama Settles Class Action Medical Suit; Institutes HCV Treatment Protocol, by John E Dannenberg
- Jury Awards $500,000 to Massachusetts Jail Guard Harassed for Breaking Code of Silence
- Three Americans Convicted of Running Sham Military Jail in Afghanistan
- South Carolina Prison Industry Program Problematic, Audit Finds, by Michael Rigby
- Doctors of Death and the Medicalization of State Murder, by Michael Rigby
- Prisoner's Release Fails to Excuse PLRA's Exhaustion Requirement
- California Sex Offender Satisfies Registration Obligation If He Mails Notice
- New Jersey Jail Guard Settles Elevator Fall Suit for $750,000
- AEDPA One-Year Clock Starts When Administrative Parole Appeal Is Denied, by John E Dannenberg
- Tough Justice Leads To Quadriplegic's Death In CCA-Operated D.C. Jail, by Michael Rigby
- Rikers Island Gunshot Victims' Suit Dismissed
- Government Says No Criminal Conduct in New Jersey Mass Prisoner Beating, But Jury Awards Abused Prisoner $19,000; Sexual Harassment Suit Settled for $250,000
- Qualified Immunity Denied In Failure To Protect And Delay of Emergency Treatment, by Bob Williams
- California Prisoner Trust Accounts Allegedly Used To Launder Gang Drug Taxes
- CMS Liable for Prisoner's Failed Hip Prosthesis; $75,000 Awarded, by Robert Woodman
- Absolute Immunity For Acting On Court Order Denied In Failure To Protect Claim, by Bob Williams
- New York Prisoner Awarded $105,000 for Shoulder Injury
- California Sexual Predator Unconditionally Released
- New York's Felon Disenfranchisement Law Not Saved By Federal Voting Rights Act, by John E Dannenberg
- Connecticut Prison Writers Settle Lawsuit, Writing Program Reinstated, by Michael Rigby
- Los Angeles County Pays $800,000 To Settle County Jail Medical Suit for Untreated Lupus, by John E Dannenberg
- Seventh Circuit Interprets "Brought" As Used 42 U.S.C. § 1197e(a)
- Ninth Circuit: "Chilling Effect" Not Required To Establish First Amendment Violation, by Marvin Mentor
- Oregon Prisoner's Allegation of Economic Damages States Sufficient Claim
- BOP Ad-Seg Rules Create a Liberty Interest, by David Reutter
- Oregon Parole Increase Following Appeal Violates Due Process, Presumption of Vindictiveness Applies
- Massachusetts Jail Prisoner Awarded $20,000 For Crushed Knuckle
- Federal Court Orders Mississippi to Desegregate HIV+ Prisoners
- California Demands $1.6 Million In Diverted Telephone Revenues From Private Prison Contractor, by John E Dannenberg
- Texas County, Deputy Settle Sex Assault Case For $50,000
- Iowa Must Give Kosher Meals to Civilly Committed Sex Offender, by John E Dannenberg
- Are Prisons Obsolete?, by Silja JA Talvi
- News in Brief
- California Prosecutor Fights Deportation Of Paroled Sex Offenders
More from Kent A. Russell:
- Habeas Hints: Understanding and Satisfying the Strickland Test for IAC, May 15, 2018
- Rundown on California Propositions 57 and 64, Jan. 10, 2017
- Habeas Hints: Staring Down the Two-Headed Monster: Richter-Pinholster, Dec. 15, 2013
- Habeas Hints: Staring Down the Two-Headed Monster: Richter-Pinholster, Nov. 15, 2013
- Habeas Hints: Actual Innocence, Sept. 15, 2013
- Habeas Hints: 2012 Supreme Court Habeas Highlights: Plea Bargaining Cases, Sept. 15, 2012
- Habeas Hints: Expert Testimony in Habeas Cases, Aug. 15, 2011
- Habeas Hints: The Year in Review, Feb. 15, 2011
- Habeas Hints: Certificate of Appealability, June 15, 2010
- HABEAS HINTS – CALIFORNIA COMMENT Pace and Bonner: Avoiding and Fighting “Untimeliness” Rulings Under California Law, Dec. 15, 2009
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.