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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:
- DOJ Finds Unconstitutional Conditions in Texas Juvenile Detention, Aug. 1, 2025. Staff-Prisoner Assault, Retaliation for Filing Grievances, Pepper Spray/Tear Gas, Sentencing, Control Units/SHU/Solitary Confinement, Failure to Protect (Juveniles), Juvenile Prisons.
- 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.
- Georgia Moves to Shield Intellectually Disabled Prisoners from Execution, June 1, 2025. Sentencing, Death Penalty.
- Arguing Successful Federal Habeas Corpus Claims, June 1, 2025. Habeas Corpus, Sixth Amendment, Ineffective Assistance of Counsel.
- Fourth Circuit: District Court Failed to Provide Sufficient Explanation for Sentence Imposed and Did Not Address Defendant’s Arguments for Downward Variant Sentence, May 15, 2025. Sentencing, Drug Laws/Offenses.
- Fourth Circuit: Procedurally Unreasonable Sentence Where District Court Failed to Address Defendant’s Non-Frivolous Downward Variance Argument Based on Sentencing Disparity Due to Which State’s Statute Prior Conviction Based Upon, May 15, 2025. Sentencing, Failure To Consider Disparity, Federal-State Differences/Disparity/Conflicts, Disparity in Charging/Sentencing Practices.
- SCOTUS Announces Only ‘False’ Statements Made to FDIC Are Criminalized Under 18 U.S.C. § 1014, Not Statements That Are ‘Misleading’ but True, May 15, 2025. Sentencing, False Statements/Perjury.
- 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.