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Texas Allows Actual Innocence Claim in Non-Capital Habeas Actions
Loaded on Oct. 15, 2007
published in Prison Legal News
October, 2007, page 38
The Texas Court of Criminal Appeals has held that a habeas corpus applicant may raise a free-standing claim of actual innocence in a state habeas corpus proceeding.Randolph Roy Sparks, a Texas state prisoner, filed a post-conviction petition for a writ of habeas corpus under Article 11.07, Texas Code of ...
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More from this issue:
- Little State, Big Problems: Maine’s Prison Crisis Continues Unabated, by Lance Tapley
- Old Media Access Consent Decrees Violated in Maine, by Lance Tapley
- Massachusetts District Court: FBI Ordered to Pay $101.7 Million for Malicious Prosecution, by Michael Rigby
- From the Editor, by Paul Wright
- Clarification:
- Maryland Prison Audit Reveals Potential Fraud “Undetectable”, by Michael Rigby
- Florida Supreme Court Enacts Rules Regulating “Super Sealing” of Court Records, by David Reutter
- Final Report on Ohio Prisoner Reentry Study, by G.A. Bowers
- Minnesota Sanction for Sex Offender Treatment Refusal Violates Fifth Amendment
- “War on Terror” Whistleblowers, Dissenters are Fired, Prosecuted; Plaintiff’s Lawyers Help Turn Them In, by Alex Friedmann
- Arkansas Prisoner Denied Kosher Diet Awarded $1,500
- Psych Evaluations Questioned Following D.C. Jail Suicides, by Matthew Clarke
- NY Prisoner Who Crushed Thumb Working at Ski Resort Awarded $40,000
- Illinois Supreme Court Holds Prisoner Medical Co-Payment Fee Can’t Be Deducted From Future Funds, by John Dannenberg
- California’s Solution To Prison Overcrowding: $7.4 Billion To Build 53,000 New Beds, by Marvin Mentor
- $4 Million Settlement In Rape and Beating Death of Mentally Ill New Jersey Prisoner, by Michael Rigby
- $14 Million Verdict Against Louisiana DA’s Office for Wrongful Death Sentence
- Fortress Of Solitude: The Bureau Of Prisons Is As Good At Keeping Prisoners In As It Is At Keeping Reporters Out, by Alan Prendergast
- South Carolina Prisoner Assaulted By Guards Awarded $600,000
- Wyoming and CMS Settle Suit Over Diabetic Prisoner’s Loss of Foot, by Matthew Clarke
- San Mateo County, California, Settles Strip-Search Suit for $1.9 Million
- Tenth Circuit Upholds BOP Guard’s Abuse Convictions
- Texas Parole Board Revamps Urinalysis Procedures
- GAO Audit: Alien Detention Facilities Suffer Continuing Deficiencies, by John Dannenberg
- Los Angeles County Pays $475,000 In Jail Healthcare Wrongful Death
- Texas Pays $250,000 for Lingering Death of Teen Prisoner, by Michael Rigby
- U.S. Supreme Court: Colorado Prisoner Alleging Injury From Suspension Of Medical Treatment Stated Adequate Claim To Preclude Dismissal, by John Dannenberg
- Massachusetts Guard Accused of Throwing Feces Entitled to Workman’s Compensation
- New Jersey Supreme Court Orders DOC to Codify Prisoner Healthcare Responsibilities, by John Dannenberg
- $1.6 Million Settlements by PHS and Hillsborough County in Death of Baby Born in Florida Jail, by David Reutter
- Eighth Circuit Reverses Summary Judgment Dismissal of Excessive Force Claims
- Confidential Settlement for Alabama Prisoners Killed in Road Work Crew
- New Law Bars Hawaii Prison Officials from Canceling Visits
- $100 Million In Restitution Fines Collected From California Prisoners Since 1992
- Probation Condition Restricting Pets at Residence Held Overbroad
- Absence of Parole Revocation Administrative Appeal Process Entitles Prisoner to Trial Court Determination of Custody Credits, by John Dannenberg
- BOP May Not Foreclose Transfer to Community Corrections Center Based on Length of Remaining Sentence, by John Dannenberg
- “Liberal” Pleading Construction Reveals Negligent Guard Theory Claim
- Findings of Fact by Indiana Disciplinary Panel Not Entitled toPresumption of Correctness for Federal Habeas Purposes, by John Dannenberg
- Texas Allows Actual Innocence Claim in Non-Capital Habeas Actions
- Unsupported Penile Plethysmograph Testing as Condition of Release Rises to Due Process Violation, Creates Liberty Interest
- Many Chinese Prisoners Retain Right to Vote
- Mere Possibility of Parole Insufficient to Prevent Texas Prisoners’ Parental Rights Termination, by Matthew Clarke
- On Appeal Texas Prisoner Acquitted of Damaging Jail Furnishing
- Ohio Juvenile Wards Entitled to Attorneys to Pursue 1983 Actions
- Fifth Circuit Reverses Dismissal of Mississippi Retaliation For Letters to a Newspaper Claim
- News in Brief:
- Notice of Appeal Deemed Filed When Presented to Prison Officials; Burden on State to Refute
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