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Habeas Hints
by Kent Russell
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 AEDPA, the 1996 habeas corpus law which now governs habeas corpus practice ...
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More from this issue:
- Taser: The "Less Lethal" Weapon with a Fatal Attraction to Prisoners, by John Dannenberg
- Board of Commissioners Clears PHS In Three Leon County (Florida) Jail Deaths, by John Dannenberg
- From the Editor, by Paul Wright
- Focus on Sex Offenders Increases While Number of Sex Offenses Decline
- Attempted Arrest of Federal Prison Guards in Florida Turns Deadly, by Michael Rigby
- Panel Suggests Using Prisoners in Drug Trials, by Ian Urbina
- PLNs Publication-Ban Suit Against Kansas DOC Set For Trial On Declaratory And Injunctive Relief, by John Dannenberg
- Massachusetts Prisoner Awarded $60,000 For Electrical Shock
- Delaware Law: Punishing Prisoners for Reporting Sexual Abuse by Guards, by David Reutter
- Oregon Guard Gets 32 Months For Sex With Prisoner
- Habeas Hints, by Kent A. Russell
- Report on Status of Guantanamo Prisoners Released; Controversy Continues, by Matthew T. Clarke
- California Guard Convicted of Abetting Prison Gang
- Texas Prisoner Gets 40 Years For Cellphone; Guards Get Probation, by Michael Rigby
- Audit Criticizes Management of ODOC Financial Computer System
- Years Long Pattern of Medical Neglect Defeats Summary Judgment, by David Reutter
- Florida DOC Cuts Prisoner Collect Call Costs by 30%, by David Reutter
- Arkansas County Pays $40,000 To Handicapped Man Raped In Jail, by Michael Rigby
- EMSA, Florida County to Pay $500,000 for Untreated Ectopic Pregnancy, by Michael Rigby
- Arkansas Mayor, Sheriff, Wife Jailed for Burglary, Drugs, Sex and More, by Gary Hunter
- Audit Reveals California DOC Employees Illegally Received Holiday Pay for Scheduled Days Off
- $600,000 Settlement for Abuse at Maine Juvenile Prison
- Female Missouri Prisoners Make $291,000 as Sexy Pen Pals, AG Wants His Cut
- Michigan Prisoner Wins $20,000 on Failure to Protect Claim, by Michael Rigby
- Iowa Prisoners Settle Sexual Abuse Lawsuits For $160,000
- District of Columbia Jail Pays $14 Million For Over-Detentions and Strip Searches, by Bob Williams
- Nebraskas County Jails Neglect Mentally Disabled, by Gary Hunter
- Los Angeles County Pays $110,000 for Wrongful Jail Death
- Mumia Abu-Jamal Honored in Paris, France, by Gary Hunter
- Washington Liable for Negligent Parolee Supervision; Bad Jury Instruction Vacates $33 Million Verdic
- Massachusetts Prisoners Battle MRSA, Untreated Hepatitis C, by Michael Rigby
- Texas Jail Suicide Suit Settles For $300,000
- Virginia's General Assembly Sells Out Prisoners' Families for Phone Money, by Gary Hunter
- Supreme Court: Lethal Injection Procedure May Be Challenged Via § 1983, by John Dannenberg
- Maywood, Illinois Jail Settles Failure to Protect Suit For $750,000
- Beaten Texas Prisoner Who Was Denied Safekeeping Awarded $87,500, by Michael Rigby
- WA Youth Detention Officer Awarded $603,500; Remitted Damages Reinstated
- Michigan Prisoners Deliberate Indifference Claim Nets $73,906 In Fees
- New York Prisoner Paid $1.25 Million for Untreated Glaucoma
- $1.35 Million Settlement for Wrongful Death of Illinois Prisoner
- California Parole Board Squelches Life Prisoner Writs on Procedural Grounds
- Florida Gain Time Revocation Clarified
- L.A. County Pays $300,000 for Wrongful Death of Psychiatric Jail Prisoner
- Former Head New York Islamic Prison Chaplain Pleads Guilty in Gun Case
- WA Courts Cannot Extend Supervision Period for Sex Offenses Committed Before 1996
- New Yorks Son of Sam Law Constitutional, Damages Seized
- Floridas Felon Disenfranchisement Law Upheld, by David Reutter
- News in Brief:
- Successor Judge Needs Compelling Reason to Reopen Prior Judges Ruling
- No Qualified Immunity for Arkansas Detainees Miscarriage
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.