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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 on habeas corpus practice under AEDPA, the 1996 habeas corpus law which now governs habeas corpus ...
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 on habeas corpus practice under AEDPA, the 1996 habeas corpus law which now governs habeas corpus ...
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More from this issue:
- Use of Questionable “Lie Detectors" by Law Enforcement Expands Nationwide, by Matthew Clarke
- PLN Attorneys Awarded $137,672 for Post-Settlement Work in CDCR Censorship Case, by John Dannenberg
- Canadian Prisoner Recognized for Advocacy on Prisoner Health Issues
- From the Editor, by Paul Wright
- $2.75 Million Verdict in Dehydrated Michigan Prisoner’s Death
- StopMax: The Fight Against Supermax Prisons Heats Up, by Jessica Pupovac
- Ruling Against Expression is No Music to Prisoners’ Ears, by David Hudson
- An Execution in the Family: One Son’s Journey, by Robert Meeropol; St. Martin’s Griffin, 273 pages, $14.95, by David Preston
- Connecticut DOC Settles Prisoner Hogtying Death For $900,000
- NIC Report: Wisconsin Jails Racist and Dangerous, by Gary Hunter
- Wyoming American Indian Prisoner Wins Consent Decree to Receive Feathers
- “Habeas Hints”, by Kent A. Russell
- California DOC Settles Sadistic, Hate-Motivated, Three-Year Starvation Death Of Sikh Prisoner For $1 Million, by Marvin Mentor
- New Zealand Prisoners Building Copiers for Canon
- Exonerated Florida Prisoner Receives $2.2 Million; Second Lawsuit Still Pending
- CMS Insurer Must Pay Wyoming Suicide Settlement
- Jury Awards Indiana Prison Law Library Clerk $1,150 for Retaliation
- NCCHC Releases Position Statement on Abuse of Prisoners, by Matthew Clarke
- California Guards Union Investigated for Hiring Parolee for Office Job
- Prison Population Continues Exponential Growth, by David Reutter
- Alabama Policy Denies Work Release to HIV/AIDS Infected Prisoners, by David Reutter
- Indiana Prisoner Receives $200,000 in Excessive Force Case
- Landmark 1980 California Death Row Federal Consent Decree Partially Terminated Under PLRA, by John Dannenberg
- Indiana DOC Policy Banning Group Worship by Odinists Enjoined, by John Dannenberg
- BOP Agrees to Pay $90,000 in Attorney’s Fees and Costs in Suit Over Constitutionality of Byline Regulation
- Colorado DOC Pays $60,000 Settlement for Suicide of Former Prisoner Who Was Sexually Abused by Guard, by John Dannenberg
- Self-Help Legal Guides, Publisher, Rosemary Steele; 104 pages, Softbound, by David Reutter
- Sexual Abuse and Violence in Texas Prisons Eclipses National Average, by Gary Hunter
- $1.5 Million Settlement Provided to Immigrant Prisoner Who Lost Leg in Colorado Jail, by David Reutter
- $2.75 Million Settlement in New York Prisoner’s Loss of Sight Claim
- New Jersey Fires 52 Prison Guards in 2007, by Gary Hunter
- $4.45 Million Verdict in Meningitis Death of Cook County Jail Prisoner, by David Reutter
- GEO Group Consultant Civilly Charged With Insider Trading
- U.S. Supreme Court Upholds Use of Lethal Injection, by Brandon Sample
- Oregon Guards Wrongly Fired Win $1,000,000
- Exonerated Florida Man Receives $1.25 Million
- Helping Ex-Prisoners Find Jobs Has Become Important to the Government, Finally, by Derick Limberg
- Pennsylvania Jail Rebuffs Calls for Independent Review of Abuse Claims
- $290,000 Award for New York Prisoner’s Slip and Fall on Ice
- Strip Search Policy E-mails Were Attorney-Client Communications, but Privilege Is Waived
- Florida Jail Supervisors Investigated in Fraudulent Overtime Scheme
- $25,000 Award To South Carolina Prisoner Injured Performing Community Service
- New Hampshire Prisoner’s ADA Claim Survives Summary Judgment
- Native American Reservations in Dire Need of Better Jails, Get Money to Build More
- Ohio Man Receives $600,000 for Wrongful Imprisonment
- Seventh Circuit: Delayed Medical Care Because Doctor Attended New Year’s Party Constitutes Deliberate Indifference
- South Dakota Guard Liable for Prisoner’s Electrocution Death
- Legal Financial Obligation Deductions Imposed on All Washington Prisoners
- Massachusetts DOC Ordered to Provide Vegan Meals to Buddhist Prisoner
- Tenth Circuit: Procedural Defense to Federal Prisoner’s ETS Suit Fails on Inadequate Grievance Record-Keeping, by John Dannenberg
- Ninth Circuit: Statutory Increase in Restitution Payment Rate Does Not Violate Plea Agreement and is Not Ex Post Facto
- EAJA Permits Recovery of Fees for Paralegal Services at Market Rates, US Supreme Court Holds
- New York Sex Offenders’ Settlement Agreement Superseded by New Registration Law
- Tenth Circuit Follows Jones v. Bock, Reverses Full-Exhaustion Predicate in § 1983 Cases, by John Dannenberg
- Washington Court Invalidates Pretrial Substance Abuse Conditions
- No Filing Fee Lien Allowed in Florida Mandamus Cases
- News in Brief:
- $635,000 Settlement in Wisconsin Woman Prisoner’s Suicide
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.