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Habeas Hints: Apprendi
by Atty. Kent Russell
[This column is intended to provide "Habeas Hints" for prisoners who are handling habeas corpus petitions as their own attorneys. The focus of the column is habeas corpus practice under the AEDPA, the 1996 habeas corpus law which now governs habeas corpus practice throughout the U.S.]
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[This column is intended to provide "Habeas Hints" for prisoners who are handling habeas corpus petitions as their own attorneys. The focus of the column is habeas corpus practice under the AEDPA, the 1996 habeas corpus law which now governs habeas corpus practice throughout the U.S.]
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More from this issue:
- New York Guards Watch as Prisoner Kills Cellmate
- From the Editor
- Executive Director Note
- $1.1 Million Awarded in Texas Restraint Chair Settlement, by Ronald Young
- Michigan DOC Sex Abuse Suit Nets Nearly $4 Million, by Roger Smith
- Michigan Prison Visitor Forced to Wet Pants Wins $40,000 in Damages and Fees
- Brutality Behind the Orange Curtain, by Willie Wisely
- Private Prison Corporation Can Be Sued in Bivens Action: Supreme Court Grants Review, by John E Dannenberg
- INS Force-Feeds Long-Term Detainee, by Mark Dow
- BOP Changes Organ Transplant Policy, by Robert Durkee
- Pelican Bay Policy Banning Internet-Generated Mail Upheld
- 305 Days in New York SHU Is Atypical
- Trial Required in Pennsylvania Failure to Protect Suit
- Notes From the Unrepenitentiary: Whose Security?, by Marilyn Buck
- New York Nazi Guard Charged with Sodomy
- Unjust Rape Conviction Nets New York Man $530,000
- Habeas Hints: Apprendi, by Kent Russell
- Turkish Prisoners Struggle Against Transfers, by Julia Lutsky
- Two Escape from Oklahoma Control Unit
- U.S. Supreme Court Requires Futile Administrative Exhaustion
- Washington Civil Commitment Injunction Upheld
- Arizona Supreme Court Rules on 1993 Earned Release Statute
- $80,000 Settlement in CDC Transsexual Suit
- Court Awards $146,000 in Arizona Medical Indifference Case, by Lonnie Burton
- Kansas Disciplinary Restitution Orders Authorized
- Pre-Sentence Detention Earns Good Time Credits in Montana Prison
- PLRA Attorney Fee Cap Analyzed
- Dismissal of Washington Persistent Prison Misbehavior Charge Upheld
- Retaliation Complaint Not Frivolous if Not Irrational or Wholly Incredible
- Kansas 2-Year Visiting Restriction Unauthorized
- Arizona Judgment Seizure Statute Upheld; Fees Protected
- Retaliation Claim Not Foreclosed by Sandin
- New York District Court Reversed for Failure to State Legal Reasoning
- Washington ISRB May Rescind Parole after Final Discharge
- No Due Process for Washington Sex Offender Registration
- News in Brief
- Washington Sex Offenders Settle Suit for $150,000
- DC Prisoner Wins $175,000 in Conditions Case, by David C Fathi
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.

