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Habeas Hints: Apprendi
by Atty. Kent Russell
[This column is intended to provide "Habeas Hints" for prisoners who are handling habeas corpus petitions as their own attorneys. The focus of the column is habeas corpus practice under the AEDPA, the 1996 habeas corpus law which now governs habeas corpus practice throughout the U.S.] ...
[This column is intended to provide "Habeas Hints" for prisoners who are handling habeas corpus petitions as their own attorneys. The focus of the column is habeas corpus practice under the AEDPA, the 1996 habeas corpus law which now governs habeas corpus practice throughout the U.S.] ...
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More from this issue:
- New York Guards Watch as Prisoner Kills Cellmate
- From the Editor
- Executive Director Note
- $1.1 Million Awarded in Texas Restraint Chair Settlement, by Ronald Young
- Michigan DOC Sex Abuse Suit Nets Nearly $4 Million, by Roger Smith
- Michigan Prison Visitor Forced to Wet Pants Wins $40,000 in Damages and Fees
- Brutality Behind the Orange Curtain, by Willie Wisely
- Private Prison Corporation Can Be Sued in Bivens Action: Supreme Court Grants Review, by John E Dannenberg
- INS Force-Feeds Long-Term Detainee, by Mark Dow
- BOP Changes Organ Transplant Policy, by Robert Durkee
- Pelican Bay Policy Banning Internet-Generated Mail Upheld
- 305 Days in New York SHU Is Atypical
- Trial Required in Pennsylvania Failure to Protect Suit
- Notes From the Unrepenitentiary: Whose Security?, by Marilyn Buck
- New York Nazi Guard Charged with Sodomy
- Unjust Rape Conviction Nets New York Man $530,000
- Habeas Hints: Apprendi, by Kent Russell
- Turkish Prisoners Struggle Against Transfers, by Julia Lutsky
- Two Escape from Oklahoma Control Unit
- U.S. Supreme Court Requires Futile Administrative Exhaustion
- Washington Civil Commitment Injunction Upheld
- Arizona Supreme Court Rules on 1993 Earned Release Statute
- $80,000 Settlement in CDC Transsexual Suit
- Court Awards $146,000 in Arizona Medical Indifference Case, by Lonnie Burton
- Kansas Disciplinary Restitution Orders Authorized
- Pre-Sentence Detention Earns Good Time Credits in Montana Prison
- PLRA Attorney Fee Cap Analyzed
- Dismissal of Washington Persistent Prison Misbehavior Charge Upheld
- Retaliation Complaint Not Frivolous if Not Irrational or Wholly Incredible
- Kansas 2-Year Visiting Restriction Unauthorized
- Arizona Judgment Seizure Statute Upheld; Fees Protected
- Retaliation Claim Not Foreclosed by Sandin
- New York District Court Reversed for Failure to State Legal Reasoning
- Washington ISRB May Rescind Parole after Final Discharge
- No Due Process for Washington Sex Offender Registration
- News in Brief
- Washington Sex Offenders Settle Suit for $150,000
- DC Prisoner Wins $175,000 in Conditions Case, by David C Fathi
More from Kent Russell:
- Habeas Hints: Discovery on Habeas Corpus, May 15, 2019
- Habeas Hints: SCOTUS Review 2017-18, Jan. 17, 2019
- Habeas Hints: Evaluating and Initiating IAC Claims, Nov. 28, 2018
- Habeas Hints: Ineffective Assistance of Trial Counsel - Hints for 2018: IAC #1, Jan. 19, 2018
- Habeas Hints: SCOTUS Review 2016–17, Nov. 16, 2017
- Habeas Hints, Oct. 26, 2015
- Habeas Hints: Supreme Court Habeas Review 2014, Nov. 8, 2014
- Habeas Hints: Evidentiary Hearings, May 15, 2006
- Habeas Hints: How to Get DNA Testing, Feb. 15, 2006
- Habeas Hints, Sept. 15, 2005
More from these topics:
- Retraction: ‘Federal Habeas Corpus: The Savings Clause Remedy for Federal Prisoners’ by Dale Chappell, May 15, 2024. Habeas Corpus, AEDPA.
- The Death of the Savings Clause, May 15, 2024. Habeas Corpus, AEDPA.
- Federal Habeas Corpus: Understanding Second or Successive Petitions for State Prisoners, April 15, 2024. Resources, Habeas Corpus, AEDPA.
- Seventh Circuit Orders District Court to Hold Evidentiary Hearing Where Record Insufficient to Permit Review of State Prisoner’s Section 2254 Habeas Petition Alleging Ineffective Assistance of Counsel, March 15, 2024. Habeas Corpus, AEDPA, Sentence and Judgement, Failure to Consult/Investigate/Raise.
- Oregon Supreme Court Announces ‘Escape Clause’ of Postconviction Relief Statute’s SOL Applies to Severe Mental Impairments During Limitations Period, March 15, 2024. Habeas Corpus, Involuntary Treatment/Drugging, Civil Commitment, Tolling of Statutes of Limitations and Laches.
- Wisconsin Supreme Court: Jail Time Must Be Credited When Charge Causing Jailing Read in At Sentencing, Jan. 1, 2024. Sentencing, Good Time, Sentences - Corrections or Modifications of, Credits.
- Virginia Prisoner Wins Habeas Release on Ineffective Assistance of Counsel Claim, Oct. 15, 2023. Release and Reentry, Habeas Corpus, Ineffective Assistance of Counsel.
- Fourth Circuit Reverses Dismissal of Habeas Petition Where District Court Failed to Review Magistrate’s Report De Novo After Characterizing Petitioner’s Objections as ‘Attempt to Reargue Case’, Oct. 1, 2023. Magistrates, Habeas Corpus, De Novo Resentencing.
- Unyielding Pursuit of Justice or Unfulfilled Promises: Doubts Surround California Habeas Attorney, Sept. 15, 2023. Habeas Corpus, Seizure of Prisoner Funds, Per se ineffectiveness.
- SCOTUS Overrules Arizona Supreme Court, Allows Death Row Prisoner to Proceed With State Habeas Action, Aug. 15, 2023. Habeas Corpus, Death Penalty/Death Row.