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Post Conviction Update
by Walter M. Reaves, Jr.
This column will address recent decisions which have some impact on post-conviction procedure. The summary is by no means exhaustive, and contains only those decisions which may have some potential impact on defendants pursuing to post-conviction claims. For the most part, the decisions are from ...
This column will address recent decisions which have some impact on post-conviction procedure. The summary is by no means exhaustive, and contains only those decisions which may have some potential impact on defendants pursuing to post-conviction claims. For the most part, the decisions are from ...
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More from this issue:
- Testing Testing: Sweat Patch Under Scrutiny, by Lara A. Bazelon
- The History of Prison Legal News, by Paul Wright
- PLN in Court, by Paul Wright
- $880,000 In GA Medical Neglect Suit
- From the Editor, by Paul Wright
- Texas Prison Dentist Settles Dentures Suit for $3,150, by Jon Michael Withrow
- $600,000 In GA Medical Neglect Suit
- Colorado Denies Hepatitis C Treatment as Too Expensive, by Bob Williams
- DOJ Investigates CMS Health Care at Missouri Prison, by Michael Rigby
- Washington Civil Commitment Held in Contempt, by Tamara Menteer
- From the Editor, by Paul Wright
- Louisiana Prosecutors Have "Ties" to Murder, by Gary Hunter
- New Mexico Private and State Prison Phone Rates Challenged
- CCA Prison Under Gang Control: Death and Injury Suits Filed, by Gary Hunter
- Five Lawyers in Peru Freed, by Heriberto Ocasio
- Black Prison and Jail Employees Win Discrimination Lawsuits
- $150,000 Judgment Against Prison Officials Upheld
- 2003 Washington Legislative Round-up, by Lonnie Burton
- Post Conviction Update, by Reaves, Jr, Walter M
- Washington DOC Personnel In-Fighting Results in $230,000 Settlement
- Retaliation, Publication Ban and Lack of Dental Care States Claim
- Bad Water Causes Florida Prison Evacuation
- Investigators Probe Ohio Paroles-For-Sale Scam
- Book Review: Inmate Litigation, by John E Dannenberg
- FDOC Hazardous to Prisoners' Health, by Mark Sherwood
- Good and Bad News in Haverty Aftermath: No Good Time for Ad-Seg Placement, by Phillip Kassel
- Prison Labor's Race to the Global Bottom, by Zack Roth
- Palestinians Still Imprisoned Despite Peace Process, by Inaki Markiegi
- Transfer Moots Wiccan's Claim
- Texas Death Row Hunger Strike
- Comatose Prisoners Expose the Limits of Mercy, by Gary Hunter
- California to Outfit All Prison Guards With Stab-Resistant Body Armor
- International Perspectives on the Death Penalty, by Julia Lutsky
- Nevada Religious Group Gets Federal Money to Help Prisoners, Delivers Nothing
- Claim For Prospective Relief Moot Upon Release, by Ronald Young
- Grievance Procedure Not Required by PLRA in All Lawsuits
- Wrongfully Convicted in California and New York Awarded Damages, by Michael Rigby
- City Liable for Jail Sex Shows and Nude Dancing
- Heck Does Not Bar Evidence in Shooting Case, by Ronald Young
- New Mexico Supreme Court Rules in Disciplinary Hearing Remedies
- $115,000 Settlement in Seattle Jail Strip-Search Suit, by John E Dannenberg
- Absent Plain Error, Objection Necessary to Preserve Issues
- Magistrate Judge Recuses Self in BOP Medical Treatment Case
- Denial of Medication Precludes Summary Judgment
- Dismissal Reversed for Determination Whether Prisoner Was Misled About Remedies
- Grievances Exhausted When Prison Officials Fail to Respond
- News in Brief
- Summary Judgment Reversed on Fact Issues of Guards' Failure to Protect Prisoner, by Bob Williams
- 522 Days in BOP Ad Seg States Due Process Claim
- Jury Awards $700,000 to Chicago Jail Worker for Sexual Harassment
- California Parole Rescission Panel's Disagreement With Granting Panel Fails The "Some Evidence" Standard, by John E Dannenberg
- Transsexual Prisoners Have Privacy Right
- Exceeding Doctor's Work Limit Order Actionable Under Eighth Amendment, by John E Dannenberg
- BOP Electric Musical Instrument Ban Upheld by DC Circuit, by John E Dannenberg
- New York Prisoner's Assault Claim Headed for Trial
- Guard Proclaiming Open Season On Prisoner Actionable, by Ronald Young
- Wyoming Prisoners Win Summary Judgment for Increased Security, by John E Dannenberg
- Illinois Governor Announces Death Penalty Moratorium
- Dismissal Without Notice for Untimely Service of § 1983 Complaint Is Abuse of Discretion
- Federal Tort Claims Act Suit Limitation Construed in Medical Suit
- Circumstantial Evidence Sufficient to Defeat Summary Judgment
- Ninth Circuit Holds Exhaustion of Remedies Mandatory Before Filing Suit
- Chief Medical Officer Liable On Medical Policy Decisions, by John E Dannenberg
- Kentucky Jury Awards $2,641 to Estate of Murdered Prisoner
- Retaliation Claim Satisfied by Existence of Major Misconduct Citation, by John E Dannenberg
- Exposure to Second-Hand Smoke States Eighth Amendment Claim
- No Jurisdiction for Interlocutory Appeal Where Evidence Is Disputed in Failure to Protect Suit, by John E Dannenberg
- Inquiry Required Before Dismissal for Failure to Pay Partial Filing Fee
- Warrantless Police Search of Prisoners Cell Upheld; Damages Awarded For Retaliation
- No Appeal Bond Required for Indigent Colorado Litigants
- PLRA Applies to Prospective Relief; Fees Are Not Prospective Relief
- Loss of Good Time for Kansas SATP Refusal Upheld, by Bob Williams
- South Dakota Attorney Fee Award of $106,877 Upheld Under PLRA
- Court Modifies Education Plan for Rikers Island Youth, by David Reutter
- Oregon Contraband Conviction Reversed
- BOP Prisoners Eligible for Drug Treatment Without Documented History of Abuse
- News in Brief
- New Jersey Sex Offender Treatment Statute Creates Liberty Interest
- Qualified Immunity Denied in BOP Transsexual Strip Search, by Bob Williams
More from Reaves, Jr, Walter M:
- Criminal Law Update, Aug. 15, 2003
- Recent Significant Decisions, March 15, 2002
- Post-Conviction Update, Nov. 15, 2000
- Post Conviction Update, May 15, 2000
More from these topics:
- 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.
- Ninth Circuit Grants Habeas Relief to California Prisoner on Napue Claim Because Prosecution Failed to Correct Informant’s False Testimony That He Did Not Receive Any Benefit In Exchange for His Testimony, Dec. 1, 2024. Informants, Habeas Corpus, Informants and Paid Witnesses, False Testimony.
- Public Defender Files Habeas Petitions for Detainees at “Horrific” Baltimore Lockup, Nov. 15, 2024. Failure to Treat, Conditions of Confinement, Hygiene Supplies, Disclosure of Records, Habeas Corpus.
- Ninth Circuit Denies Habeas Relief to Prisoner Who Invoked Fifth Amendment Right to Counsel During Custodial Interrogation but Made Incriminating Statements to Undercover Informant Posing as Fellow Prisoner Because Right to Counsel Not Violated, Nov. 1, 2024. Habeas Corpus, Custodial Interrogations/Statements, Counsel - Right to.
- Georgia Supreme Court Grants Habeas Where Defense Counsel Failed to Understand State Self-Defense Statute Provides Complete Defense to Felony Murder Based on Felon-in-Possession Charge, Oct. 1, 2024. Habeas Corpus, Felon in Possession Statute, Ineffective Assistance of Counsel, Murder/Felony Murder.
- Third Circuit Orders Evidentiary Hearing on State Prisoner’s Petition Seeking Federal Habeas Relief Because Both State and Federal Courts Denied Relief Without Holding Hearing on IAC Claim That, if Proven, Would Entitle Him to Relief, Aug. 1, 2024. Evidentiary Ruling, Habeas Corpus, Ineffective Assistance of Counsel, Counsel - Effective Assistance of.