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Third Circuit Rules that PLRA Doesn't Apply to Habeas
Loaded on Feb. 15, 1997
published in Prison Legal News
February, 1997, page 12
The court of appeals for the third circuit held that the Prison Litigation Reform Act's (PLRA) provision that prisoner litigants pay the filing fee for civil actions does not apply to habeas corpus petitions. The court gave an extensive discussion to the history and intent of the poorly drafted PLRA. ...
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More from this issue:
- New Plantation, by Bill Dunne
- Washington Grievance Mail Case Reversed
- Costs of Crime, by JW Mason
- Late Notice of Appeal Allowed
- Notes from the Unrepenitentiary, by Laura Whitehorn
- Eyewitness News from Missouri, by K.C.
- New Improved Chain Gang, by F.B.
- Circus is in Town
- Stunning Revelations, by Adrian Lomax
- Kansas Prisoners Lose Welfare Fund Suit
- PLRA's IFP Provisions Violate Equal Protection
- Third Circuit Rules that PLRA Doesn't Apply to Habeas
- PLRA IFP Provision Applied Retroactively
- PLRA Doesn't Apply Retroactively to Special Masters
- Rosenberg Fund for Children, by Carol Carvalho
- South Carolina Consent Decree Terminated under PLRA
- Corcoran Prison Cover-up, by Willie Wisely
- Tennessee Jail Overcrowding is State's Fault
- Prison Health Report Issued
- Book Review: Constitutional Rights of Prisoners
- Women's Prison Book Project
- World Criminal Justice Systems: A Survey
- Corrections in the Community (book)
- New Jersey Sex Offender Registration Injunction Vacated
- Prison Population Growth in 1995
- No Administrative Exhaustion Requirement in 7th Circuit
- Informant Testimony Must Be Reliable
- New York Work Release Creates Liberty Interest
- Private Prison Liable for Wrongful Imprisonment
- Lawsuits Target Georgia Prison Abuse, by Robert Bensing
- ADA Requires Phones for Deaf
- News in Brief
- Inadequate Public Defender Funding Unconstitutional
More from these topics:
- On Remand, Eleventh Circuit Clarifies, Affirms Grant of Habeas Relief to Death Row Prisoner, Aug. 1, 2025. Habeas Corpus, Death Penalty, Death Row.
- Fifth Circuit Announces When Initial § 2255 Petition Not Decided on Merits and Appeals Court Later Recalls Mandate Dismissing Direct Appeal and Affirms Conviction, Subsequent § 2255 Petition Not ‘Second or Successive’ Under AEDPA, Aug. 1, 2025. Habeas Corpus, AEDPA.
- Fourth Circuit Announces Counterman v. Colorado Is New Rule of Constitutional Law That Applies Retroactively to Cases on Collateral Review and Grants Authorization to File Successive § 2255 Motion, July 1, 2025. Rehabilitation/Recidivism, Habeas Corpus, Threats.
- Arguing Successful Federal Habeas Corpus Claims, June 1, 2025. Habeas Corpus, Sixth Amendment, Ineffective Assistance of Counsel.
- Ninth Circuit Grants Stay and Abeyance of Federal Habeas Petition to Allow Petitioner to Exhaust State Remedies, April 15, 2025. Administrative Exhaustion (PLRA), Habeas Corpus, AEDPA, Amendments to Petition.
- 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.
- 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.
- 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.
- Georgia Supreme Court Grants Habeas Relief Where Both Trial and Appellate Counsel Provided Ineffective Assistance by Failing to Challenge Indictment for Residential Burglary That Failed to Allege Defendant Illegally Entered a ‘Dwelling’, Jan. 15, 2025. Habeas Corpus, Ineffective Assistance of Counsel, Constitutional Challenges/Law.
- Ninth Circuit Holds District Courts Have No Authority Under Rule 4 of Rules Governing § 2254 Cases to Dismiss Habeas Petition on the Merits, Dec. 15, 2024. Habeas Corpus, Dismissal, Authority and Jurisdiction.