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Habeas Hints: Statute of Limitations
By Kent Russell
This column is intended to provide "habeas hints" for prisoners who are considering or handling habeas corpus petitions as their own attorneys ("in pro per"). The focus of the column is habeas corpus practice under the AEDPA - the 1996 habeas corpus law which now governs habeas …
This column is intended to provide "habeas hints" for prisoners who are considering or handling habeas corpus petitions as their own attorneys ("in pro per"). The focus of the column is habeas corpus practice under the AEDPA - the 1996 habeas corpus law which now governs habeas …
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More from this issue:
- The Penal System and the U.S. Labor Market, by Bruce Western
- Massachusetts Prisoners' Political Action Committee Floundering
- NH Supreme Court Overturns Prisoner Voting Rights, by Ronald Young
- Habeas Hints: Statute of Limitations, by Kent Russell
- Ohio Prison Food Contract Sparks Controversy
- First Federal Execution Postponed, by Bill Dunne
- Nassau Jail Guards Convicted, Sentenced for Fatal Beating
- No Immunity in Denying Kosher Diet
- Ninth Circuit Reverses Madrid v. Gomez, Adopts Martin v. Hadix
- Nominal Damages Not Monetary Award Under PLRA Attorney's Fees Cap
- $100,000 Settlement in TX Restraint Chair/Pepper Spray Death
- VP's Drug Dealer Still Litigating Retaliation Claim
- California Private Prison Riot, by Willie Wisely
- $50,000 to Settle CA Jail Beating Suit
- Crack in the Federal Scheme: The October Rebellion of 1995, by Bill Dunne
- New Jersey Parole Board Chief Resigns
- Escape Costs Oklahoma Private Prison $304,375
- OK Private Prison Fined $168,750
- Wisconsin Ban on Crosses Struck Down
- HIV+ Detainee States Conditions Claim
- Administrative Exhaustion Required in Bivens Suits
- Claim Exhausted When Prison Refuses Grievance Appeal
- No Administrative Exhaustion Required When AG Won't Give Hearing, by Paul Wright
- Family Wins $12.9 Million Award in Michigan Jail Death Suit, by Ronald Young
- WI DOC Ends Censorship of PLN
- From the Editor, by Paul Wright
- News in Brief
- Arpaio Runs for Reelection on Backs of Prisoners, For the Third Time, by Paul Wright
More from Kent Russell:
- Habeas Hints: Discovery on Habeas Corpus, May 15, 2019
- Habeas Hints: SCOTUS Review 2017-18, Jan. 17, 2019
- Habeas Hints: Evaluating and Initiating IAC Claims, Nov. 28, 2018
- Habeas Hints: Ineffective Assistance of Trial Counsel - Hints for 2018: IAC #1, Jan. 19, 2018
- Habeas Hints: SCOTUS Review 2016–17, Nov. 16, 2017
- Habeas Hints, Oct. 26, 2015
- Habeas Hints: Supreme Court Habeas Review 2014, Nov. 8, 2014
- Habeas Hints: Evidentiary Hearings, May 15, 2006
- Habeas Hints: How to Get DNA Testing, Feb. 15, 2006
- Habeas Hints, Sept. 15, 2005
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 Announces Sentencing Reform Act Does Not Authorize Automatic Extension of Supervised Release When Defendant Absconds, Resolving Circuit Split, April 1, 2026. Sentencing, Revocation/Modification of Probation, etc., Statutory Construction/Interpretation, Sentences - Corrections or Modifications of, Probation, Parole & Supervised Release.
- SCOTUS Sides with Federal Prisoner in Habeas Review Case, March 1, 2026. Habeas Corpus, AEDPA, Mandatory Minimum Sentence, Statutory Construction/Interpretation, Predicate Acts/Offenses.
- 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.
- 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.
- Supreme Court of Maryland Announces Division of Correction Must Immediately Apply Time-Served Credit Against Valid Sentences When Convictions Are Vacated and May Not Toll Execution Pending Reprosecution; New Sentences Arising From New Convictions Take, Jan. 1, 2026. Habeas Corpus, Overdetention, Effect of Vacatur, Credits, Concurrent and Consecutive Sentences.
- Alabama Supreme Court Denies DOC’s Improper Venue Objection, Jan. 1, 2026. Defenses, Good Time, Habeas Corpus, Failure to Object, Authority and Jurisdiction.
- DOJ Leaves Louisiana Over-Detention Suit on Life Support, Two Others Granted Class-Action Status, Dec. 1, 2025. Class Certification, Habeas Corpus, Overdetention, Fourteenth Amendment, rights, Unlawful Detention.
- Ex-Wife of Minnesota DOC Commissioner Sentenced for Poisoning Attempt on Son, Dec. 1, 2025. Out of State Transfers, Sentencing, Conspiracies, Attempts, Solicitations, Confessions and Statements of Defendant, Plea Agreements/Guilty Pleas.