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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 ...
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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
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- 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
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- Seventh Circuit Finds Appeal is Timely Despite E-Filing Error
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More from Matthew Clarke:
- DOJ Finds “Horrific and Inhumane” Conditions in Georgia Prisons, March 1, 2025
- Sixth Circuit Upholds $6.4 Million Jury Award Against Corizon Nurses For Michigan Jail Prisoner’s Fatal Alcohol Withdrawal, March 1, 2025
- En Banc Fifth Circuit Reverses Panel, Holds Mississippi Felon Disenfranchisement Does Not Violate Eighth Amendment, March 1, 2025
- USDC (D. Oregon), Case No. 6:22-cv-00451, Feb. 15, 2025
- Legal Gaffe Prolongs Case of Former St. Louis Detainee Held Eight Months After Dismissal of Charges, Feb. 15, 2025
- Among World Nations, Individual U.S. States Near Top of List for Per Capita Incarceration, Feb. 15, 2025
- DOJ Settles Complaints About Conditions for Disabled Detroit Jail Detainees, Feb. 15, 2025
- New York Prison Officials Found Routinely Violating HALT Act With Overuse of Solitary Confinement, Feb. 15, 2025
- Historic $7 Million Settlement in Lawsuit Over Michigan Jail Prisoner’s Fatal Beating, Feb. 15, 2025
- Suits Filed Over Dehydration Deaths at Two Texas Jails, Jan. 15, 2025
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.
- 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.