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SCOTUS Kills Condemned Ohio Prisoner’s Effort to Secure Evidence of Mental Impairment to Bolster Habeas Petition
Loaded on Sept. 30, 2022
by Benjamin Tschirhart
published in Prison Legal News
October, 2022, page 30
by Ben Tschirhart
On June 21, 2022, the U.S. Supreme Court held that cases involving medical transport orders for prisoners seeking evidence of mental impairment to bolster a habeas corpus petition are now among those immediately appealable and do not have to await final judgment.
The Court customarily doesn’t rule ...
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More from this issue:
- Looking Deep Inside America’s Legalized Torture Chambers, by Mark Wilson
- From the Editor, by Paul Wright
- Federal Prisoners Finally Receiving Benefits 42 Months After First Step Act Became Law, by Casey Bastian
- New York Prisoner’s Suit Over Thirteen-Year Solitary Stint Survives, by David Reutter
- SCOTUS Sides With Condemned Georgia Prisoner Who Wants To Be Executed by Firing Squad, by David Reutter
- Alabama Prisoners Continue to Die at Alarming Rate, More Than One Every Week in 2022, by Jo Ellen Nott
- Death and Inhumane Living Conditions Persist in Nation’s Worst Jail, by Kevin Bliss
- Third Circuit Holds Consent of All Parties to Magistrate Judge Jurisdiction Required Before Judgment Against Pennsylvania Prisoners, by Mark Wilson
- New Florida Law Shrouds Executions in Secrecy, by Kevin Bliss
- SCOTUS Lets “State Secrets” Privilege Bar CIA Contractor Testimony About Torture Already Publicly Known, by Mark Wilson
- ACLU Pries Loose Employment Record of New Hampshire Trooper Who Detained Woman on Falsified Evidence, Leading to $237,500 Settlement, by Matthew Clarke
- SCOTUS Kills Condemned Ohio Prisoner’s Effort to Secure Evidence of Mental Impairment to Bolster Habeas Petition, by Benjamin Tschirhart
- Prison Profiteer Is Using Sandra Bland’s Death to Sell Surveillance Technology, by Brian Dolinar
- $3.75 Million Settlement for Estate of Washington Prisoner Who Died From Untreated Breast Cancer, by David Reutter
- Idaho Provides Nation’s Second Gender Confirmation Surgery for Transgender Prisoner, by Mark Wilson
- $2.45 Million Paid by Wellpath and Macomb County, Michigan, After Detainee’s Withdrawal Death in Jail, by Benjamin Tschirhart
- After $90,000 Settlement for Sexual Abuse of Oregon Juvenile Detainee, Second Suit Filed Against Now-Imprisoned Former Youth Counselor, by Chuck Sharman
- Dark, Smoky Cells: As Wildfires Threaten More Prisons, the Incarcerated Ask Who Will Save Their Lives, by Alleen Brown
- Nebraska Crime Commission Says Dodge County Jail Noncompliant With Reporting Requirements, by Harold Hempstead
- SCOTUS Kneecaps Condemned Prisoners Claiming Ineffective Assistance of Counsel, by Benjamin Tschirhart
- New York Closes Moriah ‘Shock Camp’, by Kevin Bliss
- After Summary Judgment Denied, California Jail Officials Pay $55,000 for Breaking Detainee’s Arm, by Mark Wilson
- Two Attorneys, Three Employees Sentenced in Bribery Scandal at MTC Texas Prisons, by Keith Sanders
- Third Illinois Guard Found Guilty In Fatal Beating of Handcuffed State Prisoner, but Attorney General Refuses To Settle With Family, by Matthew Clarke
- Wisconsin Supreme Court Guts State’s Fair Employment Act Protection for Returning Prisoners With Domestic Violence Convictions, by Jacob Barrett
- Class Certification Maintained in New York Prisoners’ Suit for Damages Due to Illegally Imposed Post-Release Supervision, by David Reutter
- California Appeals Court Lets CDCR Define Term Adopted From Legislation, by Kevin Bliss
- Sixth Circuit Denies Qualified Immunity to Ohio Prison Doctor After Prisoner Blinded by Stroke, by David Reutter
- Ninth Circuit Terminates Idaho Prison Conditions Lawsuit After 40 Years of Litigation, by David Reutter
- New Jersey Supreme Court Forces County to Cough up Settlement Documents With Prisoner Raped By Jail Guard Who Snitched on Fellow Guards, by David Reutter
- $1,050,000 Settlement Reached in Disabled Illinois Prisoner’s ADA Lawsuit, by David Reutter
- Idaho Joins Missouri in Banning Incarceration for Inability To Pay Court Fines, Fees, by Jayson Hawkins
- Census Bureau Report Finds Risk of Death Nearly Triples for Prisoners After Release, by Matthew Clarke
- Ninth Circuit Sends PLN’s Arizona Censorship Lawsuit Back to District Court, by David Reutter
- $7 Million Paid to California Detainee Left Quadriplegic Due to Jail Guards’ Alleged Negligence, by Matthew Clarke
- Ohio County Pays $4 Million To Settle Claim Over Death of Jail Detainee, by Matthew Clarke
- Ninth Circuit Vacates California’s COVID-19 Vaccination Mandate for Prison Employees, by Mark Wilson
- $2.5 Million in Confiscated COVID-19 Relief Funds Returned to Arkansas Prisoners After Court Issues Injunction, by David Reutter
- News in Brief
More from Benjamin Tschirhart:
- Fourth Circuit: South Carolina Prisoner’s Bivens Claim Must Detail Unconstitutional Acts of Each Defendant, April 26, 2024
- Louisiana Sheriffs Repeatedly and Conveniently Destroy Public Records, Dec. 15, 2023
- St. Louis City Jails Director Under Fire, County Jail Director Leaves After Nearly $2.7 Million in Legal Payouts, Nov. 15, 2023
- Condemned Arizona Prisoner Reprieved, Nov. 15, 2023
- Sheep and Sheepdogs: Use and Abuse of Non-Lethal Crowd Control Weapons, Nov. 1, 2023
- New York Jailhouse Lawyer Wins Resentencing, Release, Oct. 15, 2023
- Closed Circuit Cameras: Not the Objective Lenses We’re Told, Oct. 1, 2023
- Former Illinois Guards Sentenced for Prisoner’s Fatal Beating, Aug. 15, 2023
- Police Departments Conspire with Boards to Secretly Install License Plate Cameras Without Consent of Residents, Aug. 1, 2023
- New York City Stops Reporting Rikers Island Deaths Amid Rampant Guard Misconduct, July 15, 2023
More from these topics:
- Dead Rikers Island Detainees Had Missed Dozens of Mental Health Appointments, Aug. 15, 2024. Wrongful Death, Failure to Treat (Mental Illness), Pretrial Detention and Detainees.
- Prisoner Admissions Soar at Massachusetts Psychiatric Lockup Plagued by Overcrowding and Violence, Aug. 15, 2024. Overcrowding, Guard Brutality/Beatings, Failure to Treat (Mental Illness).
- Psychiatrist Settles Virginia Jail Suicide Suit for $1.75 Million, Aug. 15, 2024. Private Contractors, Settlements, Failure to Treat (Mental Illness), Suicides.
- Third Circuit Orders Evidentiary Hearing on State Prisoner’s Petition Seeking Federal Habeas Relief Because Both State and Federal Courts Denied Relief Without Holding Hearing on IAC Claim That, if Proven, Would Entitle Him to Relief, Aug. 1, 2024. Evidentiary Ruling, Habeas Corpus, Ineffective Assistance of Counsel, Counsel - Effective Assistance of.
- Federal Habeas Corpus: Getting Around Procedural Default, July 15, 2024. Habeas Corpus, Actual Innocence/Claim of Innocence, Ineffective Assistance of Counsel, Summary Disposition, Cause and Prejudice, Proving Cause.
- California Court of Appeal Announces Rulings on Three Issues of First Impression Involving Certificate of Appealability and Habeas Petition, July 15, 2024. Habeas Corpus, Appeals/Appellate Jurisdiction.
- Eleventh Circuit Reverses District Court’s Grant of Habeas Relief, Notes It’s ‘Murky on When Putting Two Suspects in a Room Together Qualifies as Interrogation Under Miranda’, July 15, 2024. AEDPA, Miranda, Custodial Interrogations, Minors, Use of, Interrogation.
- Ohio Supreme Court Announces Same Postconviction-Relief Filing Deadline Applies to ‘Delayed Appeal’ as Applies to Any Other Type of Direct Appeal, July 15, 2024. Habeas Corpus.
- Sixth Circuit Grants Habeas Relief on Ineffective Assistance of Counsel and Batson Claims, July 15, 2024. AEDPA, Batson Claims, Failure to Consult/Investigate/Raise.
- Mentally Ill Detainee Allegedly Tasered and Starved to Death At South Carolina Jail, July 1, 2024. Food, Stun Guns/Tasers, Medical Neglect/Malpractice, Failure to Treat (Mental Illness), Chemical Spraying of Mentally Ill Inmates.