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Fifth Circuit Holds Mailbox Rule Applies to Legal Mail Rejected Under Bogus Prison Rule
Loaded on Dec. 15, 2012
published in Prison Legal News
December, 2012, page 40
The Fifth Circuit Court of Appeals has held that legal mail rejected by prison officials under a purported rule that does not exist is still entitled to the “mailbox rule.”Clifford Medley, a Texas state prisoner, tried to mail his federal habeas corpus petition to the U.S. district court about ...
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More from this issue:
- Momentum Builds to End Prison-Based Gerrymandering, by Peter Wagner
- From the Editor, by Paul Wright
- Oregon DOC Gets Tiny Cut of $3.34 Million Pfizer Settlement
- CCA Ceases Operations at Mississippi Prison, County Jail
- Florida DOC Program Targets Incarcerated Veterans
- PLN Settles Public Records Suit Against PHS in Vermont, Obtains Settlement Payout Information, by Alex Friedmann
- Washington Jail Prisoner Settles Retaliation Claim for $10,000
- Transgender Prisoner’s Lawsuit Sparks BOP Policy Change, by Derek Gilna
- Fifth Circuit Upholds Former Texas State Judge’s Bribery-Related Convictions
- States Create Special Commissions to Study Flat-Fee Indigent Defense, by Joe Watson
- GAO Report Examines Contraband Cell Phone Use in BOP Facilities, by Derek Gilna
- Former New York DOCS Food Director Pleads Guilty to Grand Larceny, by Joe Watson
- Texas Slashes Prison Education Budget, by Matthew Clarke
- Misconduct at U.S. Army Lab Taints Hundreds of Military Prosecutions, by Derek Gilna
- Oregon DOC Did Not Report 78 Prisoner Deaths in 2010-2011
- Virginia Prison Policy Prohibiting Secular, Non-Religious CDs Held Unconstitutional
- America Eats its Young: Arizona Communities Embrace Use of Private Prison Employees in Drug Raids at Public Schools, by Beau Hodai
- Report Criticizes New Hampshire’s Treatment of Female Prisoners; Lawsuit Filed, by Joe Watson
- Fifth Circuit Reverses $250,000 Award to Mississippi Prisoner Held too Long, by Matthew Clarke
- U.S. Sentencing Commission Calls Federal Mandatory Minimums “Excessively Severe”, by Derek Gilna
- Arkansas Prison Director Suspended by Board of Corrections
- Texas Federal Court Issues Preliminary Injunction Prohibiting Sex Offender Parole Conditions; Case Settles for $52,000, by Matthew Clarke
- Federal Court Upholds Maryland Law that Reclassifies Prisoners for Redistricting, by David Reutter
- Fifth Circuit Holds Mailbox Rule Applies to Legal Mail Rejected Under Bogus Prison Rule
- New North Carolina DOC Hospital Promises Better Healthcare for Prisoners, by Joe Watson
- Michigan DOC Taser Experiment Touted; Prison Perimeter Patrols to End
- Missouri County Ordered to Present Civil Detainees Before Court within 27 Hours; $75,000 Damages Settlement
- Organizations Submit Letters to FCC Urging Action on Prison Phone Rates, by Mel Motel
- West Memphis Three Released, but Justice Not Served and Questions Remain, by Joe Watson
- Oregon Re-Sells Unused Execution Drugs
- Philadelphia Women Prisoners Sue for Being Housed with a Man
- California: Jail Nurse Receives $703,957 in Retaliation Suit Against County, PHS
- Puerto Rico DOC Fires 97 Guards, Suspends More Than 100
- News in Brief
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.
- Fourth Circuit Chides Virginia Magistrate for Assuming Prisoners Proceed IFP, Aug. 15, 2024. Filing Fees, Indigent Defendants - Fees and Expenses, In Forma Pauperis.