×
You've used up your 3 free articles for this month. Subscribe today.
Fifth Circuit: Habeas Petition Challenging Recent Parole Denial Not Considered Successive
by Matt Clarke
On April 1, 2009, the Fifth Circuit Court of Appeals issued an order holding that a federal habeas corpus petition challenging procedures used to deny parole at a parole hearing which occurred after a previous habeas petition had been filed was not a successive petition.
Richard Delaney ...
On April 1, 2009, the Fifth Circuit Court of Appeals issued an order holding that a federal habeas corpus petition challenging procedures used to deny parole at a parole hearing which occurred after a previous habeas petition had been filed was not a successive petition.
Richard Delaney ...
Full article and associated cases available to subscribers.
As a digital subscriber to Prison Legal News, you can access full text and downloads for this and other premium content.
Already a subscriber? Login
More from this issue:
- U.S. Supreme Court Holds California’s Prison Overcrowding Violates Eighth Amendment, Must be Remediated by Population Reduction, by John Dannenberg
- California: Controversy Surrounds Governor’s Grant of Clemency to Son of Political Friend, by Michael Brodheim
- $5.25 Million Paid to Former Ohio Prisoner for Wrongful Murder Conviction
- Deaths of Three North Carolina Prisoners Raise Suspicions, by Matthew Clarke
- From the Editor, by Paul Wright
- Washington DOC Agrees to Change Sexual Abuse Policies, by David Reutter
- San Francisco Blanket Jail Strip Search Policy Upheld in Ninth Circuit En Banc Ruling, by Michael Brodheim
- Why I Care About Prisoner Rights, by David Hudson
- Low Rates in Michigan DOC Phone Contract Demonstrate Actual Cost of Prison Phone Services, by Alex Friedmann
- Paroled Killers Rarely Re-Offend, by Michael Brodheim
- Anti-Private Prison Group Rips Revolving Door for Federal Employees After CCA Hires Former BOP Director
- Ninth Circuit: Prison Visitation Privileges May be Temporarily Restricted for Legitimate Penological Reasons
- New York Parolee Detained Without Hearing; City Not Entitled to Summary Judgment, by Mark Wilson
- State Audit Finds Maryland Prison Employees Misused Funds in Prisoner Accounts, by Matthew Clarke
- The Incredible Honey Bun Behind Bars, by David Reutter
- Ninth Circuit Applies Houston Mailbox Rule to § 1983 Actions
- Former Virginia Beach Sheriff Received Insider Information on Jail Contract, by Matthew Clarke
- Fifth Circuit: Habeas Petition Challenging Recent Parole Denial Not Considered Successive, by Matthew Clarke
- California Prisoner’s Life Sentence Upheld for Tossing Food Tray at Guard, by Michael Brodheim
- Vermont Parole Law Change Violates Ex Post Facto Clause
- Tenth Circuit Vacates Class Certification in Jail Conditions Suit; Case Settles Following Remand, by Mark Wilson
- Ninth Circuit: Despite Award of Only Nominal Damages, Attorney Fees Appropriate in § 1983 Wrongful Death Suit
- Massachusetts Supreme Judicial Court Clarifies Erroneous Conviction Claims, by Matthew Clarke
- Fourth Circuit Upholds Federal Civil Commitment Statute Against Constitutional Challenge
- Third Circuit Holds Blanket Policy of Strip Searching Arrestees, Absent Reasonable Suspicion, is Constitutional; Cert Granted, by Michael Brodheim
- Ninth Circuit Holds PLRA Fee Cap for Court-Appointed Counsel Also Applies to Paralegal Fees
- Six New Jersey Jail Guards Arrested for Assaulting Prisoners
- Washington: Eye Gouging Assault Severely Injures Airway Heights Prisoner, by Derek Gilna
- Inmate Accident Compensation Act Does Not Preclude Bivens Remedy
- Deficient Medical Care Leads to Preventable Death of Seattle, Washington Jail Prisoner
- In-Prison Filmmaker Prepares Next Release, by David Reutter
- U.S. Department of Justice Report Puts Price Tag on Preventing Prison Rape, by Matthew Clarke
- Georgia: Child Support Contempt Findings Create Debtor’s Prisons, by David Reutter
- Pennsylvania DOC Agrees to Comply with Clean Air Act at Four Prisons, by David Reutter
- Former Deputy Sheriff Gets LWOP for Murder of California Prison Guard
- $16 Million Federal Jury Award in Texas Jail Beating Suit, by Matthew Clarke
- Florida Pre-Release Officer’s Federal Convictions Affirmed
- Baltimore Jail’s Warden, Seven Guards Suspended Pending Excessive Force Investigation
- Seventh Circuit Finds Appeal is Timely Despite E-Filing Error
- Failure to Protect May Raise Claim Under Federal Tort Claims Act, by Matthew Clarke
- New York: Double Jeopardy Prohibits Imposition of Post-release Supervision Once Defendant is Released from Custody
- Fifth Circuit Clarifies Procedure for PLRA Failure-to-Exhaust Dismissals
- A Cage by Any Other Name is Still a Cage: Mentally Ill California Prisoners Caged, by Michael Brodheim
- Ninth Circuit Denies Arizona Prisoner Access to Dedicated Discharge Account
- Queer (In)justice: The Criminalization of LGBT People in the United States, by Joey L. Mogul, Andrea J. Ritchie and Kay Whitlock (Beacon Press, Feb. 2011), 216 pages, $27.95, by Daniel R. Schaffer
- “America’s Sheriff” Begins Serving Federal Prison Sentence
- News In Brief
More from Matthew Clarke:
- Kansas Supreme Court Revives Prisoner’s Challenge to Loss of Parental Rights, June 1, 2025
- Fifth Circuit Reinstates Baha’i Texas Prisoner’s Dietary Claim, June 1, 2025
- $5.6 Million Settlement for California Prisoner’s Wife Strip-searched During Visit, June 1, 2025
- Academic Study of Prison Guards’ Use of Excessive Force Details Sad State of Civil Rights for Abused Prisoners, June 1, 2025
- Multitudes Caged for Failure to Pay Child Support, Driving Mass Incarceration, May 1, 2025
- Los Angeles County Pays $24 Million to Two Former Prisoners Wrongly Convicted as Teens of 1997 Murder, May 1, 2025
- Federal Watchdog Calls Out BOP for Spiking Suicide Risk at Pennsylvania Lockup, April 1, 2025
- Eighth Circuit: Arkansas Prisoner Who Had Consensual Sex With Guard Cannot Sustain Eighth Amendment Claim, April 1, 2025
- TDCJ to Run Out of Beds in 2025, April 1, 2025
- “Happy Mother’s Day”: $1,353,000 Settlement Approved for Migrant Parents Separated from Minor Kids at Border, March 1, 2025
More from these topics:
- Georgia Moves to Shield Intellectually Disabled Prisoners from Execution, June 1, 2025. Sentencing, Death Penalty.
- New York Lifts Hiring Ban on Fired Striking Prison Guards, Announces Early Prisoner Releases, May 1, 2025. Work Strikes, Staffing, Parole, Guard Unions, Bail/Pretrial Release, Probation, Parole & Supervised Release.
- Ninth Circuit Grants Stay and Abeyance of Federal Habeas Petition to Allow Petitioner to Exhaust State Remedies, April 15, 2025. Administrative Exhaustion (PLRA), Habeas Corpus, AEDPA, Amendments to Petition.
- 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.
- 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.