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Habeas Hints: Actual Innocence
by Kent Russell
This column provides “habeas hints” to prisoners who are considering or handling habeas corpus petitions as their own attorneys (“in pro per”). The focus of the column is on the Antiterrorism and Effective Death Penalty Act (AEDPA), the federal habeas corpus law which now governs habeas corpus ...
This column provides “habeas hints” to prisoners who are considering or handling habeas corpus petitions as their own attorneys (“in pro per”). The focus of the column is on the Antiterrorism and Effective Death Penalty Act (AEDPA), the federal habeas corpus law which now governs habeas corpus ...
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More from this issue:
- Prison Rape Elimination Act Standards Finally in Effect, but Will They be Effective?, by Alex Friedmann
- Prisoners Raped and Sexually Abused While PREA Standards Pending
- U.S. Supreme Court Denies Stay of California Prisoner Release Order
- From the Editor, by Paul Wright
- Employee Disciplinary Problems Persist at Houston Jails, by Matthew Clarke
- How Privatization Destroyed an Illinois Jail's Award-winning Suicide Prevention Program, by Brian Dolinar
- Missouri: Arrestees Billed for Cost of Police Tasers, by Christopher Zoukis
- High-Tech, High-Risk Forensics, by Osagie K. Obasogie
- The Americans with Disabilities Act and Prisoners, by Thomas Weiss
- Michigan County Sanctioned for Defrauding Federal Court in Prisoner Death Case, by David Reutter
- Solitary Confinement for Death Row Prisoners a Blot on U.S. Justice System, by Derek Gilna
- Oklahoma’s DNA Law Means Post-Conviction Testing Available in All 50 States, by Christopher Zoukis
- Habeas Hints: Actual Innocence, by Kent A. Russell
- Second Circuit Establishes Property Seizure Standards for Civilly Committed Persons
- 500 Escape from Abu Ghraib and Taji Prisons in Iraq, by Christopher Zoukis
- Illinois DOC’s Failure to Accommodate Disabled Prisoners States Rehabilitation Act Claim
- Seventh Circuit: Indiana Tolling Provision May Excuse Time-Barred Suit; Rule 12(b)(6) Dismissal Improper
- PLN Resolves Censorship Suit Against Oregon County Jail for $51,000 Plus Fees and Costs, by Alex Friedmann
- After Ten Years, FCC Votes for Prison Phone Reforms!, by David Ganim
- First Circuit: Rejection of Settlement Offer Does Not Justify Defendants’ Attorney Fee Award
- Pennsylvania: Parole Board May Expound on Court-ordered Probation Conditions
- Washington Community Custody, Sex Offender Registration and Release Conditions Modified
- Seventh Circuit Retires “De Minimis” Standard for Use of Physical Force
- New Mexico Prison Doctor Fingered in Lawsuits
- Minnesota: Remedies for Civil Commitments are Limited
- Qualified Immunity for NY Prison Officials who Failed to Award Parole Jail Time
- Wrongful Immigration Detention Suit Reinstated by Second Circuit, Dismissed on Remand, by Derek Gilna
- Ninth Circuit Requires Notice to Pro Se Prisoner Litigants for Motions to Dismiss for Failure to Exhaust
- California Supreme Court: Cutting Through Fences May Not Constitute Attempt to Escape
- Seventh Circuit Upholds CCA’s Victory in Indiana Jail Conditions Suit
- California: Victim’s Post-Death Economic Losses Not Subject to Mandatory Restitution
- Second Circuit: No Social Security Payments for Prisoners
- News in Brief
More from Kent A. Russell:
- Habeas Hints: Understanding and Satisfying the Strickland Test for IAC, May 15, 2018
- Rundown on California Propositions 57 and 64, Jan. 10, 2017
- Habeas Hints: Staring Down the Two-Headed Monster: Richter-Pinholster, Dec. 15, 2013
- Habeas Hints: Staring Down the Two-Headed Monster: Richter-Pinholster, Nov. 15, 2013
- Habeas Hints: Actual Innocence, Sept. 15, 2013
- Habeas Hints: 2012 Supreme Court Habeas Highlights: Plea Bargaining Cases, Sept. 15, 2012
- Habeas Hints: Expert Testimony in Habeas Cases, Aug. 15, 2011
- Habeas Hints: The Year in Review, Feb. 15, 2011
- Habeas Hints: Certificate of Appealability, June 15, 2010
- HABEAS HINTS – CALIFORNIA COMMENT Pace and Bonner: Avoiding and Fighting “Untimeliness” Rulings Under California Law, Dec. 15, 2009
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.
- Third Circuit: Defense Counsel Ineffective Under Strickland Where Counsel Sat Silent After Judge Threatened to Charge Witness With Perjury Unless Testimony Changed, Feb. 15, 2024. AEDPA, False Statements/Perjury, Strickland Standard, Strickland v. Washington, Failure to Object/Late Objections.
- Fifth Circuit Affirms Habeas Relief Granted to Capital Defendant Where Counsel Failed to Impeach State’s Pivotal Wit-ness with Available Forensic Evidence, Jan. 15, 2024. AEDPA, Effective Assistance of Counsel, Counsel - Effective Assistance of, Strickland Standard, Identification Documents/Evidence, Failure to Consult/Investigate/Raise, Trial Strategy, Strickland v. Washington.
- U.S. Supreme Court Apparently Prioritizes Ideology Over Guilt or Innocence, Jan. 15, 2024. AEDPA, Procedural Default/Error, Proving Cause, Capital Cases, Procedural Error, Effective Assistance of Counsel, Counsel - Right to, Counsel - Effective Assistance of, Strickland Standard, Per se ineffectiveness, Right to Counsel.
- Fourth Circuit: Evidentiary Hearing Required Where Prisoner’s Allegation of Mental Illness, if True, Is Sufficient to Demonstrate ‘Extraordinary Circumstances’ Warranting Both Rule 60(b)(6) Relief and Tolling of Habeas SOL, Jan. 15, 2024. New Trial Motions, AEDPA, Mental Health, Statutes of Limitation and Laches, Tolling of Statutes of Limitations and Laches.
- Virginia Prisoner Wins Habeas Release on Ineffective Assistance of Counsel Claim, Oct. 15, 2023. Release and Reentry, Habeas Corpus, Ineffective Assistance of Counsel.