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Fifth Circuit: Special Parole Review Request Doesn’t Toll AEDPA Limitations
Loaded on Oct. 15, 2009
published in Prison Legal News
October, 2009, page 6
The Fifth Circuit Court of Appeals held that improperly-filed state habeas corpus applications and requests to the parole board for special review do not toll the one-year AEDPA limitations period established by 28 U.S.C. § 2244(d).Barry Michael Wion, a Texas state prisoner, filed a federal petition for writ of ...
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More from this issue:
- Texas Prisoners Still Dying in Houston Jails, Among Other Problems, by Gary Hunter
- From the Editor, by Paul Wright
- Fifth Circuit: Special Parole Review Request Doesn’t Toll AEDPA Limitations
- Megan’s Law Preempts Local New Jersey Sex Offender Ordinances
- “Habeas Hints”, by Kent A. Russell
- Perpetrators and Enablers of Torture in the US, by Corey Weinstein
- Maine Prison in Turmoil, by Lance Tapley
- Obama Promises Guantanamo Will Close and Torture Will End ... but When?, by Matthew Clarke
- Human Rights Watch Report Calls to Reform PLRA, by David Reutter
- Florida Prison Guards Fired, Suspended for Shocking Children with Stun Guns, by David Reutter
- Problems at Washington’s Civil Commitment Center Continue, by Matthew Clarke
- Southern California Jails Addicted to ICE Money, by Matthew Clarke
- CA Prison Medical Care Receiver: Three Top Officials Ousted, Controversial Building Plan Opposed, by Matthew Clarke
- California Sheriffs Appropriate Rehabilitation Funds for Security Needs, by Michael Brodheim
- Sacramento County Jail Settles Excessive Force Suit For $260,000
- Nebraska Prison Officials Must Pay Attorney’s Fees in Kosher Diet Case; Found in Contempt After Excrement Discovered in Prisoner’s Food, by Brandon Sample
- PLN Files Public Records Suit Against San Francisco County, Sheriff’s Office
- Columbia Jail Journal: The Compelling, Exclusive Inside Story of the Columbia Three, by James Monaghan, Brandon Press, 277 pages, by David Preston
- Florida DOC and Keefe Gouge Prisoners on Commissary Sales, by David Reutter
- $1.8 Million Settlement in Beating of Florida Jail Prisoner
- Pennsylvania Jail Mired in Scandal ... Again
- Montana, Michigan Towns Vie to Fill Prisons with Guantanamo Detainees
- $4.7 Million Settlement for Brain Damage Caused by Washington Jail Negligence
- Michigan Changes Overtime Rules; $4 Million Savings on Prison Budget
- Glomar Response to Prisoner’s FOIA Request Insufficient
- Texas Parole Board’s Hearing on Imposition of Sex Offender Conditions Inadequate, by Matthew Clarke
- PLN Prevails in Motion to Unseal Settlement in CCA Class Action FLSA Case
- $6 Million Settlement in Beating Death of California Detainee
- $500,000 Settlement for Fatal Beating of Phoenix Jail Prisoner, by Matthew Clarke
- Los Angeles County Agrees to Pay $7,000,000 to Beaten Juvenile Prisoner
- Ohio County Jail Agrees to Pay $75,000 For Locking Up Poor
- Small Amounts of Marijuana Not “Dangerous Contraband” Under New York Law, Court Rules
- Audit Finds California Parolees Sometimes Slip Through Bureaucratic Cracks
- Maryland Prisoners Make Flags
- Mississippi Prisoners Make Collect Call for Jesus
- Clerk Erred in Refusing to File Unsigned 28 U.S.C. § 2255 Motion
- Aramark Discontinues, Loses Prison Food Service Contracts, by David Reutter
- Injunction Against Missouri Sex Offender Halloween Restrictions Issued, Then Vacated, by Matthew Clarke
- Mentally Ill NC Prisoners Injured in Separate Incidents, by Gary Hunter
- $145,000 Settlement in Iowa Prisoner’s Self-Mutilation Mental Health Claim, by David Reutter
- Missouri DOC Permits Gift Books in Response to PLN Demand Letter
- Hawaii to Remove Prisoners from CCA Facility Over Abuse Charges, by Ian Urbina
- Military Psychologist Implicated in Abusive Interrogations, by David Reutter
- Indigent Connecticut Prisoners Entitled to Copies of Records Under FOIA Without Charge
- Duration of Confinement in Segregation Affects Due Process Inquiry
- Second Circuit Reinstates New York Jail Guard’s Excessive Force Conviction, by Matthew Clarke
- California: City Liable for $237,000 Hospital Bill for Prisoner’s Medical Care
- Oakland, CA Police Policy of In-Field Public Strip Searches Without Arrest or Warrant Found Unconstitutional
- Florida: For Sentence Calculation Purposes, Civil Commitment Detention Same as Jail Confinement
- District Court Erred in Sua Sponte Dismissal of Prisoner’s Challenge to Conditions of Confinement
- Florida Gain Time Law Application Violates Ex Post Facto Clause
- Ninth Circuit: Refusal to Allow Cross-Examination of Lab Technician Violates Due Process, by Brandon Sample
- Ohio Jail Officials Face Federal Charges, Investigation, by Brandon Sample
- BOP Warden Does Not Have Authority to Reduce Prisoner’s Sentence Under Rule 35(b), by Brandon Sample
- News in Brief:
- Oregon Illegal Detention Suit Settled for $30,000
- Sixth Circuit: Dismissal of Due Process and Equal Protection Claims Upheld; Exhaustion of Administrative Remedies Issue Remanded
More from these topics:
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- 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.
- Fifth Circuit Leaves Louisiana Prisoner Waiting for Reinstated Parole, Jan. 15, 2025. Parole, Overdetention, Victim's Rights to Enforce Collection.
- 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.
- Arizona Supreme Court Allows Third PCR Motion Based on IAC for Erroneous Advice About Parole Eligibility Due to ‘Pervasive Confusion’ Regarding Parole Within Legal Community, Nov. 1, 2024. Parole, Ineffective Assistance of Counsel, Remands/Rehearings/Resentencings.