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AEDPA Applies to Prison Disciplinary Hearings
Loaded on Dec. 15, 1997
published in Prison Legal News
December, 1997, page 9
The court of appeals for the seventh circuit held that the Antiterrorism and Effective Death Penalty Act (AEDPA), Public Law No. 104-132, which amended the federal habeas corpus statutes, applies to habeas petitions challenging prison disciplinary hearings. The court also held Indiana prisoners have a state created liberty interest in …
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More from this issue:
- Massachusetts Prisoner PAC Assailed by Governor, DOC, by Dan Pens
- Prisoner PAC Announces Formation
- Trial Required in Retaliation Claim
- Arizona Holiday Package Decree Modified
- Supreme Court Rulings Trickle Down: Washington Civil Commitment
- From the Editor, by Dan Pens
- Supreme Court Rulings Trickle Down: WA Good Time
- Arizona Death Row Chain Gang Killing
- Supreme Court Rulings Trickle Down: RFRA
- Pro Se Tips and Tactics (Summary Judgments), by John Midgley
- Ohio Overtime Gravy
- Leon County Employees Replaced by Slaves
- Private Prisons Cheaper?
- Jury Awards $201,501 to Raped Indiana Prisoner, by John Emry
- AEDPA Applies to Prison Disciplinary Hearings
- The Poor Get Poorer - The Rich Get Prisons
- Uprisings in New York State Prisons, by Julia Lutsky
- A Matter of Fact
- NJ Guards Threaten Walkout Over Vests
- Second Circuit Approves Disciplinary Hearing Surcharge
- Utah Prisoners May Build Own Cages
- AA Still Violates the Establishment Clause
- U.S. and Russia Reaching Record Levels of Incarceration
- Eleventh Circuit Approves and Applies the PLRA, by James Quigley
- Fifth Circuit Rules on Appeals to Denials of IFP Status
- D.C. Prisoners Win No Smoking Injunction
- More Ohio Jail Construction Corruption
- Frivolous State Litigation, by Paul Wright
- GAO Reports Available: Private and Public Prisons, by Julia Lutsky
- GAO Reports Available: Federal and State Prisons, by Julia Lutsky
- Pepper Spray Report, by Julia Lutsky
- New York State Drug Sentencing Report, by Julia Lutsky
- The Abuse of U.S. Women Prisoners, by Julia Lutsky
- Qualified Immunity in Failure to Protect Claim, by James Quigley
- Montana Prisoners Have Liberty Interest in Classification Hearings, by Danny Arledge
- WA Officials Liable for Seizing Court Tape
- VI Decree Modification Denied Under PLRA, DOC Held in Contempt
- CCA Unveils Aggressive New Marketing Ploy
- Federal Jail in NYC a Mob Social Club?
- Peruvian Prisoners Rebel, by Dan Axtell
- Washington Sex Offender Notification Enjoined
- DC DOC Official Convicted of Contempt
- New Jersey Jail Brutality Settlement
- Man Jailed for Saying 'No' to TB Drugs
- Prisoner Awarded $30,001 in Beating Suit
- More Evidence Required in Retaliatory Infractions
- Counselor Liable in Failure to Protect Claim
- Americans with Disability Act Applies to Jails
- Alabama AG Moves to Dissolve 17 Consent Decrees
- Knowledge of Risk May Establish 8th Amendment Liability
- News in Brief
More from these topics:
- Sixth Circuit Announces State-Law Exceptions to Appeal Deadlines Preserve “Pending” Status Under AEDPA, Holding Belated-Appeal Procedures Toll Federal Habeas Limitations Period, April 1, 2026. Limitations, Habeas Corpus, AEDPA, Appealable Issues/Orders, Failure to Address/Advise Defendant.
- SCOTUS Sides with Federal Prisoner in Habeas Review Case, March 1, 2026. Habeas Corpus, AEDPA, Mandatory Minimum Sentence, Statutory Construction/Interpretation, Predicate Acts/Offenses.
- Alaska Prisoner’s Discipline for Violating Invalidated Rule Tossed, March 1, 2026. Disciplinary Hearings, Access to Media, Statutory Construction/Interpretation, Authority and Jurisdiction, Administrative Detention/Segregation.
- Seventh Circuit Affirms Summary Judgment in Illinois Prisoner’s Segregation Lawsuit, March 1, 2026. Liberty Interests, Evidence, Totality of Conditions, Ad-Seg Hearings, Administrative Detention/Segregation.
- Sixth Circuit Revives Michigan Prisoner’s Challenge to Guard Tackle That Broke His Foot, March 1, 2026. Evidentiary Ruling (Disciplinary Hearings), Guard Brutality/Beatings, Summary Judgment, Qualified Immunity, Wrongful Use of Force.
- Ninth Circuit: Notice of Appeal of Order Denying Qualified Immunity Must Be Filed Within 30 Days of Entry, Feb. 1, 2026. Liberty Interests, Evidence, Qualified Immunity, Fourteenth Amendment, rights.
- SCOTUS Announces Federal Prisoners May Seek Certiorari Review of Authorization Denials Under § 2255(h) and Are Not Subject to § 2244(b)(1)’s Bar on Previously Presented Claims, Feb. 1, 2026. Habeas Corpus, AEDPA, Appealable Issues/Orders, Statutory Construction/Interpretation, Authority and Jurisdiction.
- Maryland Agrees to Pay $30,000 to Prisoner Who Was Beaten by Guards While Handcuffed, Jan. 1, 2026. Retaliation for Filing Grievances, Snitch Jacketing, Liberty Interests, Evidence, Wrongful Use of Force.
- California Court of Appeal: Trial Courts Have Inherent Authority to Correct Unauthorized Sentences at Any Time Without Habeas Petition, Jan. 1, 2026. Habeas Corpus, Possession or Use of Firearms, Sentences - Authorized, Sentences - Corrections or Modifications of, Effect of Vacatur.
- First Circuit Announces Modification of Juvenile’s Life-Without-Parole Sentence to Parole-Eligible Life Term Constitutes “New Judgment” Under AEDPA, Exempting Second-in-Time Habeas Petition From Gatekeeping Requirements, Jan. 1, 2026. Parole, Habeas Corpus, Life without Parole (LWOP), AEDPA, Juvenile Offenses/Offenders.

