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Prison Disciplinary Boards Not "Courts" for Habeas Corpus Purposes
Loaded on Nov. 15, 2002
published in Prison Legal News
November, 2002, page 25
Prison Disciplinary Boards not "Courts" for Habeas Corpus Purposes
Filed under:
Disciplinary Litigation,
Civil Procedure,
Appeals,
Mootness,
Habeas Corpus.
Locations:
Indiana,
Tennessee.
The Seventh Circuit Court of Appeals has held conclusively that prison disciplinary boards lacking a true judicial review process are not "courts" within the meaning of 28 U.S.C. §2254(d), as amended by the Antiterrorism and Effective Death Penalty Act (AEDPA). The ...
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More from this issue:
- Prisoners, Politics, Money and the Census, by Gary Hunter
- Supreme Court Holds No Immunity for Alabama Hitching Post, by David Reutter
- Attorney Ghost Writing Must Be Disclosed
- The Parents' Project Advocacy for Incarcerated Fathers: What's Missing?, by Denise Johnston
- From the Editor, by Paul Wright
- Michigan Visiting Ruling Upheld
- A Sentence of Their Own, by Hans Sherrer
- New York's Revised "Son of Sam" Law Leads to $100 Million Verdict Against Cop Killer, by Lonnie Burton
- Illinois Jail Guards Acquitted in Killings; California Jail Guard Acquitted in Beating
- $275,000 Awarded in Stun Belt Settlement
- No Fundamental Right to Fee Waiver for Civil Rights Action
- Bureau of Justice Statistics Analyzes Parole Trends
- Virginia Sheriff Investigated for Misuse of Prisoner Funds, by Lonnie Burton
- Pennsylvania Jail Settles Retaliation Suit for $10,000
- Escapes Plague Texas Jails, by Gary Hunter
- PLRA Attorney Fee Cap and Local Cost Recovery Rules Upheld in New York Hepatitis C Case, by John E Dannenberg
- Texas Extends 6th Amendment Right to Prisoners: Confidential Attorney Calls Allowed
- Ingram v. Scott Reversed: TDCJ-ID in Compliance with Section 501.008
- Settlement Agreement Reached in Wisconsin Supermax Suit, by John E Dannenberg
- $32,500 Florida Jail Accident Settlement
- PLRA Attorney Fee Cap Applies to Fees on Fees, by John E Dannenberg
- $1 Damages and $1.50 Attorney Fees in Guard Brutality Suit, by John E Dannenberg
- New York Prisoner's Denial of Exercise Claim Set for Trial
- Washington Pretrial Detainees Have Right to Access Courts
- District Court Sets Prisoner's "Deliberate Indifference" Hepatitis C Claims for Trial
- Prison Disciplinary Boards Not "Courts" for Habeas Corpus Purposes
- Prison Guards Can Be Liable for Prisoner Suicide
- Administrative Exhaustion Required But Unprejudiced; Dismissal and Equitable Tolling, by Gary Hunter
- Defendants' Convenience Justifies Transfer of Venue
- Plaintiff's Disability Impacts Venue
- Advocacy Groups Challenge Arizona Internet Communications Ban
- Judge Approves $9.6 Million Settlement in DC Jail Employees' Sexual Harassment Suit, by Lonnie Burton
- News in Brief
- Mexico Bars Extradition of Criminals Facing Life Sentences
More from these topics:
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- California Court of Appeal Announces Rulings on Three Issues of First Impression Involving Certificate of Appealability and Habeas Petition, July 15, 2024. Habeas Corpus, Appeals/Appellate Jurisdiction.
- Ohio Supreme Court Announces Same Postconviction-Relief Filing Deadline Applies to ‘Delayed Appeal’ as Applies to Any Other Type of Direct Appeal, July 15, 2024. Habeas Corpus.
- Retraction: ‘Federal Habeas Corpus: The Savings Clause Remedy for Federal Prisoners’ by Dale Chappell, May 15, 2024. Habeas Corpus, AEDPA.
- The Death of the Savings Clause, May 15, 2024. Habeas Corpus, AEDPA.
- Federal Habeas Corpus: Understanding Second or Successive Petitions for State Prisoners, April 15, 2024. Resources, Habeas Corpus, AEDPA.
- Class-Action Lawsuit Challenges Use of Presumptive Drug Tests by Washington DOC, April 1, 2024. Disciplinary Hearings, Disciplinary Litigation, False Charges (Disciplinary Hearings), Evidence, Drug Testing, Estimates/Averages - Use of, Inmate Disciplinary Hearings, Prison Disciplinary Proceedings.
- Seventh Circuit Orders District Court to Hold Evidentiary Hearing Where Record Insufficient to Permit Review of State Prisoner’s Section 2254 Habeas Petition Alleging Ineffective Assistance of Counsel, March 15, 2024. Habeas Corpus, AEDPA, Sentence and Judgement, Failure to Consult/Investigate/Raise.
- Oregon Supreme Court Announces ‘Escape Clause’ of Postconviction Relief Statute’s SOL Applies to Severe Mental Impairments During Limitations Period, March 15, 2024. Habeas Corpus, Involuntary Treatment/Drugging, Civil Commitment, Tolling of Statutes of Limitations and Laches.
- Seventh Circuit Upholds Disciplinary Sanction Revoking Over 15 Years of Indiana Prisoner’s Good Time, Feb. 1, 2024. Disciplinary Hearings, Disciplinary Litigation, Double jeopardy (Hearings), Liberty Interests, Good Time, Assaults on Staff.