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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:
- $150,000 Settlement But No Charges After Schizophrenic Florida Detainee Killed by Jail Guards, Feb. 15, 2025. Guard Misconduct, Medical Neglect/Malpractice, Excessive Force (Wrongful Death), Failure to Treat (Mental Illness).
- DOJ Directs BOP, U.S. Marshals to Improve Suicide Prevention, Feb. 15, 2025. Failure to Treat (Mental Illness), Suicides, Bureau of Prisons (BOP), Civil Rights Violations.
- Despite Prevalence, Most ADHD Behind Bars Goes Undiagnosed and Untreated, Feb. 15, 2025. Failure to Treat (Mental Illness).
- 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.
- Federal Habeas Corpus for State Prisoners: Proving Unreasonableness Under AEDPA, Feb. 1, 2025. AEDPA, Procedural Reasonableness, Reasonableness of Sentence.
- 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.
- Suits Filed Over Dehydration Deaths at Two Texas Jails, Jan. 15, 2025. Failure to Protect (General), Water, Settlements, Medical Neglect/Malpractice, Failure to Treat (Mental Illness).
- Four-Month Wait for 40 Percent of South Carolina Jail Detainees Needing Psychiatric Evaluation, Jan. 15, 2025. Systemic Medical Neglect, Failure to Treat (Mental Illness), Detainers - Generally.
- Top Doc Sacked from Maryland Psych Hospital with “Climate of Chaos”, Jan. 15, 2025. Systemic Medical Neglect, Malpractice, Staffing, Failure to Treat (Mental Illness).
- 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.