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Fifth Circuit: “Mailbox Rule” Applies to Texas State Habeas Petitions
Loaded on Sept. 19, 2014
published in Prison Legal News
September, 2014, page 44
Fifth Circuit: “Mailbox Rule” Applies to Texas State Habeas Petitions
The Fifth Circuit Court of Appeals has held that the “mailbox rule” of Houston v. Lack, 487 U.S. 266 (1988) now applies to determining the date when Texas prisoners file state habeas corpus petitions for the purpose of calculating ...
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More from this issue:
- Some States Refuse to Implement SORNA, Lose Federal Grants
- Volunteers Help Prisoners Vote at D.C. Jail
- Some GPS Monitoring Devices Capable of Audio Recording, by Christopher Zoukis
- Indiana Supreme Court Holds Agreed Court Order with Prosecutor is Binding on DOC, by Matthew Clarke
- Incarceration is Excusable Default in New York Housing Court Proceeding, by Mark Wilson
- Recidivism Performance Measures for Private Halfway Houses in Pennsylvania, by Alex Friedmann
- Modern-Day Slavery in America’s Prison Workforce, by Beth Schwartzapfel
- South Florida Landlord Bucks Trend, Offers Housing to Sex Offenders
- $2.85 Million Jury Verdict for Suicide at Missouri Jail, by Derek Gilna
- New York Judge Unseals Attica Prison Riot Records – Sort of, by Joe Watson
- Prison Labor Boosts Wal-Mart’s Profits Despite Pledge, by Derek Gilna
- Courts Struggle with Child Pornography Restitution Following Supreme Court Ruling
- Fifth Circuit: “Mailbox Rule” Applies to Texas State Habeas Petitions
- Texas: Clerk May Not Bill Defendant for Attorney Fees Not Ordered by Court, by Matthew Clarke
- Fifth Circuit Holds Prison Guard’s Injury-Causing Reckless Driving States Nonfrivolous Claim, by Matthew Clarke
- Fourth Circuit Finds PLRA Attorney Fee Cap Constitutional, by David Reutter
- Eighth Circuit Holds No SORNA Registration Requirement after Leaving U.S., by Matthew Clarke
- Alabama DOC Short Hair Policy Does Not Violate RLUIPA, by David Reutter
- First Circuit Dismisses Appeal of Court’s Failure to Sanction Federal Prosecutor, by Matthew Clarke
- Eighth Circuit Upholds Injunction Over Cameras in Restrooms at Civil Commitment Center, by Matthew Clarke
- Former New Mexico State Senator Released from Prison
- Transferred Prisoner May Sue Oklahoma Officials in Oregon Court, by Mark Wilson
- Eleventh Circuit Tailors Turner for Censorship Claims at Civil Commitment Center, by David Reutter
- Seventh Circuit Upholds Dismissal of Suit Over Placement on Suicide Watch, by Matthew Clarke
- Alabama Work Release Transportation, Medical and Drug Screen Costs Not “Incidental to Confinement”, by David Reutter
- Fifth Circuit: Prisoner Who was Raped May Proceed with Lawsuit against Lock Company, by Matthew Clarke
- Massachusetts: Acquittal on Additional Sex Offense Doesn’t Trigger Reevaluation of Sex Offender Classification, by Matthew Clarke
- BOP Criticized for Failing to Oversee Healthcare Administrator at FCC Butner, by Derek Gilna
- New Report Cites Fewer HIV-Positive State and Federal Prisoners, by Matthew Clarke
- Selection and Retention Process for Tennessee Appellate Court Judges Challenged, by Christopher McWhorter
- Sentence Reductions for “Snitching” Undermine U.S. Justice System, by Derek Gilna
- Settlement Opens Georgia Courtrooms to the Public, by David Reutter
- Do Residency Bans Drive Sex Offenders Underground?, by Steven Yoder
- CCA Has Long History of Wage Violations, Poor Treatment of Employees
- Private Debt Collection Companies Contract with District Attorney’s Offices, by David Reutter
- From the Editor, by Paul Wright
- Texas: Unconstitutional to Revoke Probation Due to Refusal to Self-Incriminate During Polygraph or Therapy, by Matthew Clarke
- News in Brief
More from these topics:
- Sixth Circuit: Leaman Doctrine Did Not Bar Ohio Prisoner’s Pro Se Federal Civil Rights Suit Over Interference with Legal Mail, Feb. 15, 2025. Legal Mail, Censorship, Lost Property.
- 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.