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Habeas Hints: Traverse Motion Responses
This column is intended to provide “Habeas Hints” to prisoners who are considering or handling habeas corpus peti-tions 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 practice throughout the ...
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More from this issue:
- Preserving the Rule of Law in America’s Jails and Prisons: The Case for Amending the Prison Litigation Reform Act, by Margo Schlanger
- From the Editor, by Paul Wright
- Ninth Circuit Flip-Flops: Denial of Washington Sex Offender’s Community Custody Release Held Unconstitutional, Then Constitutional, by Mark Wilson
- Texas Posthumously Exonerates Man Who Died in Prison, by Matthew Clarke
- $226,000 Workers’ Comp Settlement for Pennsylvania Guard Scarred by MRSA
- ADA Routinely Violated by Prisons in the case of Deaf Prisoners, by McCay Vernon, Ph.D.
- The Illusion of Immigrant Criminality: Getting the Numbers Wrong, by David L. Wilson
- Florida Guard Convicted of Assaulting Prisoner
- Supreme Court Holds Supervisory Officials Not Liable for Abuse of 9-11 Detainees, by Matthew Clarke
- $30,000 Settlement in Milwaukee Jail Death
- Former Oregon DOC Food Manager Abandons Wife to Federal Prosecution; Herding Sheep in Iran While on the Lam, by Mark Wilson
- UNICOR Robs Jobs from Private Sector; Prisoners Sue Over Working Conditions, by Brandon Sample
- Prisoner’s Right to Mail Announcement of Peaceful Demon-stration Trumps Purported Prison Security Claims, by Marvin Mentor
- University of Arizona Releases Report on Women Immigration Prisoners, by Matthew Clarke
- $500,000 Awarded to New York Prisoner Raped by Jail Guard; Vacated on Post-Trial Motion
- Habeas Hints: Traverse Motion Responses, by Kent A. Russell
- Sentencing Project Releases Report on Sentencing Policy and Practice, by Matthew Clarke
- Oregon Jail Guards Lose Access to Porn Sites, by Mark Wilson
- New Mexico Abolishes Death Penalty; Similar Efforts Fail in Other States, by David Reutter
- Arkansas Sends Toxic Tech Trash to UNICOR Recycling Program, by Matthew Clarke
- FBI Arrests Former Prisoner Indicted for Hacking Massachusetts Jail Computer
- $4.6 Million Settlements in Death of Quadriplegic D.C. Prisoner, by David Reutter
- Strip-Searched Iowa Bush Protesters Awarded Damages at Trial, Re-Trial, by Matthew Clarke
- Positive Correlation between Mental Illness and Prison Victimization, by Jimmy Franks
- Santa Cruz County, Arizona Pays $3 Million in Strip Search Suit, by Jimmy Franks
- $10,000 Verdict in Sexual Assault by Virginia Guard
- Report Says Unfinished Prison Project Is Single Greatest Iraq Reconstruction Failure, by Matthew Clarke
- Bureau of Justice Publishes Report on Sexual Misconduct at Juvenile Facilities
- Ohio Limits Electronic Monitoring to Only Those Who Can Pay
- Miami’s Sex Offender Bridge Encampment Continues to Grow, by David Reutter
- BOP Failed to Protect Female Prisoner Informant from Rape, Sexual Abuse by Guards, by Brandon Sample
- $3,200 Awarded to Indiana Jail Prisoner for Negligent Medical Care
- New York Prisoner Awarded $5,000 for Assault by Cellmate
- Postal Service Panics Over Sex Offender Participant in Christmas Program, by Matthew Clarke
- PLN Files Suit Against Los Angeles County for Failure to Comply with Public Records Act
- Survivor Manual, compiled and edited by Bonnie Kerness, illustrated by Todd Tarselli and other talented artists, 90 pgs., by Sundiata Acoli
- Causal Link Established by Prison Officials’ Failure to Protect Prisoner from Specific Threats
- $3.3 Million Settlement Fund Established in New Mexico Jail Strip Search Settlement
- California Jury Awards Deaf Prisoner $5,000 for Failure to Provide Interpreter; $193,582 in Fees Awarded by Court
- Former California DOC Worker Kept Confidential Prison Gang Files at Home
- Louisiana Private Prison Warden Arrested for Malfeasance
- Massachusetts Prisoner Awarded $550,307 in Attorney Fees and Costs in Unsanitary Conditions Case
- California: Waiver of Private Psychotherapist-Patient Privilege an Unreasonable Condition of Parole
- Oregon Teenage Girls Stage Brazen Escape Attempt
- $75,000 Settlement for Shutting Off Water in Seattle Jail Prisoner’s Cell
- $445,000 Settlement in Ohio Jail Prisoner’s Medical Death
- Pennsylvania County Sex Offender Residency Ordinance Voided
- State, Not County, Required to Pay Attorney Fees in Georgia Death Penalty Cases
- $9,000 Award for Hawaiian Prisoners Bitten By Dogs at Oklahoma CCA Prison
- Florida and Oregon Prison Employees Face Sex Charges
- Fifth Circuit Rules Texas Parole Law Not Ex Post Facto
- No Qualified Immunity for Pepper Spraying Alabama Prisoner; Case Settles After Remand, by David Reutter
- News in Brief:
- $1,800,000 Settlement in Michigan Jail Prisoner Suicide Case
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.