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HABEAS HINTS – CALIFORNIA COMMENT Pace and Bonner: Avoiding and Fighting “Untimeliness” Rulings Under California Law
by Kent Russell
Recently, the interplay of two decisions, one from the U.S. Supreme Court and one from the Ninth Circuit, has created a potential minefield for California habeas corpus petitioners in the form of “untimeliness” rulings under California law, which can result in a federal court dismissing a petition ...
Recently, the interplay of two decisions, one from the U.S. Supreme Court and one from the Ninth Circuit, has created a potential minefield for California habeas corpus petitioners in the form of “untimeliness” rulings under California law, which can result in a federal court dismissing a petition ...
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More from this issue:
- Improbable Private Prison Scam Plays Out in Hardin, Montana, by Alex Friedmann
- Behind Montana Jail Fiasco: How Private Prison Developers Prey on Desperate Towns, by Justin Elliott
- From the Editor, by Paul Wright
- Private Prisons Don’t Make Better Prisoners, by Andrew L. Spivak
- Miami Sex Offenders Still Living Under Bridge; Lawsuits Fail to Solve Problem, by David Reutter
- Arizona Jail’s Medical Failures Due to Inadequate Record Keeping, Understaffing, by Matthew Clarke
- HABEAS HINTS – CALIFORNIA COMMENT Pace and Bonner: Avoiding and Fighting “Untimeliness” Rulings Under California Law, by Kent A. Russell
- GPS Used to Track Sex Offenders in Washington State, by Matthew Clarke
- Secret Red Cross Report Reveals Medical Personnel Collusion in CIA Torture, by Matthew Clarke
- Florida Law Enforcement Officials on the Wrong Side of the Law, by David Reutter
- Increasing Number of Prisoners Obtain Access to Email, by Brandon Sample
- LULAC Returns CCA Donation, by Matthew Clarke
- Rape Victim and Family of Exonerated Man Who Died in Prison Become Activists, by Matthew Clarke
- New Jersey DOC Report: Megan’s Law Costly and Ineffective, by Matthew Clarke
- Pennsylvania Prison Porn Ban Improperly Promulgated, but Not Unconstitutional
- Electronic Court Records Permissible in Florida, but Restricting Disclosure is Not
- $100 Million Settlement in Michigan Prisoners’ Sexual Abuse Suit, by David Reutter
- $2.7 Million Settlement for Oklahoma Double Leg Amputee Jail Prisoner
- Violence Against Blacks Decreases In The U.S., by Gary Hunter
- $750,000 Settlement in Chicago Jail Mass Beating Suit
- Oklahoma Lawmen Charged with Sundry Crimes, by Mark Wilson
- Prison, Jail and Law Enforcement Corruption Continues in Georgia, by David Reutter
- Catholic Mass and Sacraments Made Available to Louisiana’s Death Row
- Nearly 15,000 California Prisoners Held in Long-term Isolation, by Michael Brodheim
- PLN Associate Editor Attends ACA Conference
- $2.2 Million Settlement: Murder by Washington State Community Service Releasee
- Michigan’s Prison Industries Mismanaged and Unprofitable, by David Reutter
- Mental Illness Prevalent Among County Jail Prisoners, Especially Women, by Gary Hunter
- Judges: Umpires They Are Not, by Brandon Sample
- AMA Study Finds Link Between Confinement and Hypertension
- Class Action Alleging Unconstitutional Michigan Indigent Defense System Survives Summary Judgment
- Massachusetts Man’s Estate Resolves Wrongful Conviction Suit for $14.1 Million, by David Reutter
- $91,059.83 in Damages, Fees and Costs Awarded to Alabama Prisoner Beaten by Guard
- Former Alabama Judge Acquitted of Paddling, Sexually Abusing Jail Prisoners, by Mark Wilson
- $16.5 Million-Plus Settlement in Oklahoma City False Conviction Case, by Matthew Clarke
- Eight More Prison Closures in Michigan
- Ohio Prison Employees Involved in Improper Relationships, Drug Smuggling, Sexual Misconduct, by Mark Wilson
- 4,000 Kenyan Death Sentences Commuted to Life, by Matthew Clarke
- California Struggles to House Sex Offenders, by Michael Brodheim
- $150,000 Settlement in Tennessee Jail Beating
- News in Brief:
- Federal Prison Employees Convicted of Stealing Prisoners’ Meds, by Gary Hunter
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.
- Book Review: Public Records Act Manual for the State of Washington, Dec. 15, 2024. Resources, Public Records Act.
- 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.