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Habeas Hints: Evidentiary Hearings
This column is intended to provide habeas hints to prisoners who are considering or handling habeas corpus petitions as their own attorneys (in pro per). 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 ...
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More from this issue:
- Scandal, Suicides, Corruption and Abuse Abound at New York Citys Rikers Island Jail, by Gary Hunter
- New York Brutality Settlement Affecting Twenty Two Prisoners, Fourteen Units Settles for $2.2 Millio, by Gary Hunter
- New Yorks Top Cop Crumbles Under Personal Investigation
- Former Florida Correctional Privatization Commission Official Pleads Guilty to Stealing State Funds, by David Reutter
- Fall Escapes Plague Local, State Agencies in Houston Area
- From the Editor
- Abu Ghraib: Enduring Symbol of Hated Regimes, by Matthew T. Clarke
- Lawyers Bilk Cornell for Millions, San Francisco Jail Scammed
- Report Details Suicide and Homicide Rates in Prisons, Jails, by Michael Rigby
- Four CCA Guards Indicted in Murder of Nashville Prisoner, by Matthew T. Clarke
- Habeas Hints: Evidentiary Hearings, by Kent Russell
- Banned From the Hood, by Matthew T. Clarke
- Nearly 7 Million Under Correctional Supervision In U.S., by Michael Rigby
- California DOC Bans Dying Parolee From His Familys Town
- BJS Director Sacked For Telling Truth About Racial Profiling, by Matthew T. Clarke
- Connecticuts Mistreatment of Mentally Ill Prisoners and Detainees Enjoined, by John Dannenberg
- West Virginia Prisoner Sued By Victims Mother Following $50,000 Award
- California DOC Diverts $480,000 of Drug Treatment Money for Movie Studio
- Sixth Circuit: RLUIPA Held Constitutional Under the Spending Clause
- Robots Package Medications for Jails
- Texas Prisoner Writers Retaliation Lawsuit Proceeds, by David Reutter
- $150,000 Paid to Indiana Juvenile Jail Detainee for Sexual Assault
- Florida's Juvenile Justice: Convicted Sex Offender Rapes Disabled Youth in His Care
- Sixth Circuit Reverses Judgment for EMSA Physician, Remands for Trial
- Conviction Rates Low After DNA Match
- BOP Sexually Explicit Materials Ban Requires Factual Development
- Montana Awards New Prison Phone Contract
- Jury Awards $858,200 in California Jail Suicide
- New York Prisoner Awarded $2,760 for Improper Confinement/Denial Medical Care
- Los Angeles County Jail Continues To Over-Incarcerate, by John Dannenberg
- Former Illinois Death Row Prisoners Malicious Prosecution Claim Rejected
- Reproductive Rights in Theory and Practice: The Meaning of Roe v. Wade for Women in Prison, by Rachel Roth
- Neglected New York Prisoner Dies At Jail Following Heart Surgery, by Michael Rigby
- Arizona Prisoners Mortality Report Confidentiality Not Federally Protected, by John Dannenberg
- BOP Prohibition Against Stock Selling and Receipt of Book Infringes Constitutional Rights
- U.S. Prison Population Hits Nearly 2.3 Million In 2004, by Michael Rigby
- Laundry Slip and Fall Injury Reaps New York Prisoner $95,000
- PLRA Exhaustion Requirement Inapplicable to Suit Filed When Plaintiff Not Incarcerated
- Buddhist Prisoner Properly Denied Vegan Diet Under First Amendment; Case Remanded for RLUIPA Claim, by David Reutter
- Seventh Circuit Reverses Dismissal of Retaliation Claim
- California Guards Lose Appeals On Federal Conspiracy Conviction, Bail; Still Free
- News in Brief
- Native American California Prisoner Entitled to Religious Exception from Prison Hair Grooming Policy, by John E Dannenberg
- News in Brief
- Ninth Circuit Reverses Denial of IFP Status Under §1915(g); Defendants Bear Burden of Establishing I
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.