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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:
- 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.
- Unable to Post Bail, Detainee Starves to Death in Arkansas Jail, April 26, 2024. Private Contractors, Food, Water, Jail Specific, Control Units/SHU/Solitary Confinement, Failure to Treat (Mental Illness), Bail/Pretrial Release.
- Federal Habeas Corpus: Understanding Second or Successive Petitions for State Prisoners, April 15, 2024. Resources, Habeas Corpus, AEDPA.
- Condemned Texas Prisoner Ruled Too Mentally Ill to Execute, April 1, 2024. Death Penalty/Death Row, Death Penalty, Death Row, Failure to Treat (Mental Illness), Mental Health Experts, Post Ake v. Oklahoma, Judgment - Modification of.
- One Detainee Dying Every Week in L.A. County Jails, April 1, 2024. Systemic Medical Neglect, Overcrowding, Jail Specific, Wrongful Death, Medical Neglect/Malpractice, Failure to Treat (Mental Illness), Class Actions.
- At BOP California “Rape Club” Prison: Historic Ruling, FBI Raid, Warden Removed, April 1, 2024. Staff-Prisoner Assault, DOC/BOP misconduct, Retaliation for Litigating, Retaliation for Filing Grievances, Whistleblowing, Retaliatory Searches, Retaliatory Segregation, Systemic Medical Neglect, Failure to Treat, Staffing, Preliminary Injunctions/TRO's, Special Masters, Failure to Treat (Mental Illness), Special Master.
- Connecticut DOC Held Liable for Failure to Treat Transgender Prisoner’s Gender Dysphoria, April 1, 2024. Failure to Treat, Failure to Treat (Mental Illness), Transgender, Transgender Medical Procedures, Discrimination (Transgender).
- 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.