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Sanctions Against Prisoner for Alleged “Frivolous” Habeas Petition Improper, Tenth Circuit Decides
Loaded on June 15, 2011
published in Prison Legal News
June, 2011, page 35
Sanctions imposed by an Oklahoma trial court on a state prisoner who filed a “frivolous” habeas petition were improper, the U.S. Court of Appeals for the Tenth Circuit held in an unpublished opinion.Alvin Parker is a frequent litigant in Oklahoma courts. Convicted of second-degree murder, Parker has unsuccessfully sought ...
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More from this issue:
- States Scramble to Find Lethal Injection Drugs, by David Reutter
- Three Fulton County, Georgia Jail Guards Sentenced in Prisoner Abuse Investigation
- Blind Virginia Prisoner Settles Suit to Accommodate Disability
- From the Editor, by Paul Wright
- Wexford Enters Into Confidential Settlement in New Mexico Prisoner’s Death, by David Reutter
- Fire at Overcrowded Chilean Prison Kills Over 80 Prisoners, by Matthew Clarke
- Savings from North Carolina Prisoner Slave Labor Result in Additional Prison Beds, by David Reutter
- Uncollected Court Debts Piling Up in Tennessee
- New York Jury Awards Wrongfully Convicted Man $18.5 Million, but Court Grants Motion to Set Aside Verdict
- Ninth Circuit Upholds Washington’s “Two Strikes Law” for Repeat Sex Offenders
- Washington Prisoner Discovers Good Time Error; County Officials Admit and Correct Mistake, by David Reutter
- PHS and NY Jail Employees Have Conflict of Interest with Legal Representation
- Louisiana Sheriff Cages Suicidal Prisoners in Space Smaller than Required for Dogs
- $149,500 Settlement for Hawaiian Prisoner Denied Medical Care After Transport Accident
- Washington: Pierce County Jail Suit Ends After 15 Years
- Federal Courts Reject Leniency Pleas from Politically-Connected Defendants, by David Reutter
- Hopes Dashed for Criminal Defendants Facing Deportation in Virginia, by Derek Gilna
- Releasees from Rural Michigan Jail Frighten Neighbors on Long Walk Home
- Family of California Immigration Prisoner Who Died Due to Untreated Cancer Gets $3.68 Million, by Brandon Sample
- Uproar Over Background Checks for BP Oil Spill Workers Following Rape Allegation Against Sex Offender, by David Reutter
- Dozens of Israeli Prison Guards Die in Fire
- Fifth Circuit Holds Mississippi Felons May Not Vote in Presidential Elections
- Six Florida Jail Staff Arrested in Contraband Smuggling Probe, by David Reutter
- The Incarceration Capital of the U.S., by Jordan Flaherty
- U.S. Admits Infecting Prisoners, Mentally Ill Patients in Guatemala in 1940s, by Derek Gilna
- Los Angeles County Approves $444,000 in Settlements for Sexual Assaults by County Employees
- Controversy Involving North Carolina State Bureau of Investigation Crime Lab, by Matthew Clarke
- Ninth Circuit Rejects Challenge to BOP’s Implementation of Second Chance Act
- Federal Cell Phone Ban Becomes Law; California Bill Vetoed, then Re-Introduced, by Brandon Sample
- Sanctions Against Prisoner for Alleged “Frivolous” Habeas Petition Improper, Tenth Circuit Decides
- Texas Prison System Must Accommodate Hearing-Impaired Visitors, by Matthew Clarke
- Ohio: Mixed Verdicts Against Guards Involved in Prisoner’s Death, by Brandon Sample
- Wisconsin County Jail Administrator Charged with Stealing Jail Funds
- Tenth Circuit Reverses Lawsuit on Hygiene Versus Court Access for Second Time, by Bob Williams
- Remembering the High Point of Prisoner Rights, by David Hudson
- Department of Justice Reports on Sexual Victimization in U.S. Prisons and Jails, by Matthew Clarke
- Ex-BOP Pharmacist Sentenced for Stealing Drugs
- No Time Limit for Defendants to Raise a PLRA Defense, by David Reutter
- U.S. Deportations Set Record in 2010, by Derek Gilna
- Anarchists Claim Attack on NC Department of Correction
- ACLU Investigates Prisoners’ Deaths at Puerto Rican Prison, by Derek Gilna
- First Circuit Reverses Finding that Sexual Interest in Adolescents Not Disorder Warranting Civil Commitment, by Brandon Sample
- Eighth Circuit Affirms Denial of Qualified Immunity for Guards Accused of Deliberate Indifference; $5.2 Million Verdict, $450,000 Settlement on Remand, by Brandon Sample
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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.
- Ninth Circuit Announces ‘Clear Error’ Review Applies to District Courts’ Factual Findings for Brady Challenges and Affirms District Court’s Mid-Trial Order Excluding Witness Testimony and Imposing Monetary Sanctions for Government’s Brady Violation, Feb. 1, 2025. Sanctions, Eyewitness Testimony, Brady Rule violations, Witnesses - Prior Statements/Testimony, Factual Disputes/Findings, Legal or Factual Challenges - assertion of.
- 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.
- Wellpath Sanctioned for Destroying Evidence in Two Oregon Jail Death Suits, Nov. 15, 2024. Private Contractors, Sanctions, Medical Neglect/Malpractice, Evidence - Destruction/Fabrication/Manipulation of.
- 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.