×
You've used up your 3 free articles for this month. Subscribe today.
Exhaustion Not Mandatory for Kansas Habeas Petitioners; Retained Counsel at Disciplinary Hearings is Discretionary
Loaded on Oct. 15, 2002
published in Prison Legal News
October, 2002, page 17
The Supreme Court of Kansas held that prisoners are not required to exhaust administrative remedies before petitioning for a writ of habeas corpus. The court also held that neither due process nor regulations of the Department of Corrections (DOC) entitle prisoners to representation by retained counsel during prison disciplinary proceedings. ...
Filed under:
Disciplinary Hearings,
Disciplinary Litigation,
Counsel,
Administrative Exhaustion,
Habeas Corpus.
Location:
Kansas.
Full article and associated cases available to subscribers.
As a digital subscriber to Prison Legal News, you can access full text and downloads for this and other premium content.
Already a subscriber? Login
More from this issue:
- Into the Twilight Zone, by Mumia Abu-Jamal
- From the Editor, by Paul Wright
- Represent Yourself in Court: How to Prepare & Try a Winning Case, 3rd Ed., by Sam Rutherford
- Supreme Court Upholds Forced Confessions in Kansas Sex Offender Treatment, by Bob Williams
- CMS Overdoses Five Boston Jail Prisoners
- Danish Security Firm Buys Out the Wackenhut Corporation
- Washington Good Time Depends on When Crime Occurred
- Supreme Court: No Punitive Damages Allowed Under RA and ADA
- German Economics Minister Comments on U.S. Prison Labor
- Credit for Time Served Required in Idaho Commute to Work Release
- Habeas Hints: Editor's Choice, by Kent Russell
- Exoneration of Conviction a Prerequisite to Legal Malpractice Claim in California
- Attorney Fee Award Upheld in Washington Excessive Force Case
- Exhaustion Not Mandatory for Kansas Habeas Petitioners; Retained Counsel at Disciplinary Hearings is Discretionary
- Washington District Court Grants Preliminary Injunction for Kosher Meals
- California Prison Law Libraries Survive
- Guards at New York Juvenile Center Charged with Extortion
- New York Guards Sentenced in Animal and Prisoner Killings, by Lonnie Burton
- Texas Sex Slave Sues Prison System for Failure to Protect
- Remand to Determine if TDCJ Grooming Policy Unconstitutional
- Connecticut District Court Orders Post-Judgment Monitoring Fees
- Ball Park Franks Fiasco: 21 Dead, $200,000 Fine, by Russell Mokhiber
- Honolulu Police Officers Indicted in Jail Food Scandal
- Summary Judgment Denied in Colorado Hepatitis-C Treatment Suit Based on Lack of Internet Access, by Bob Williams
- All Things Censored by Mumia Abu Jamal, by Gary Hunter
- Jailers Liable for Foreseeable Prisoner Suicide
- Florida Prisoner Dies in CCA Jail, by Lonnie Burton
- Ohio Nearly Closes 100 Year Old Asylum/Prison, by Gary Hunter
- Georgia Lawmaker Indicted for Aiding Prisoner Transfer, by Lonnie Burton
- Oklahoma Rejects Prisoner Mail Box Rule
- Sixth Circuit Upholds Denial of Prison Doctor's Qualified Immunity
- Nominal Damages Not Automatic
- News in Brief
- Mexican Sweatshops Go Behind Bars, by Michael Rigby
More from these topics:
- New York Prison Officials Found Routinely Violating HALT Act With Overuse of Solitary Confinement, Feb. 15, 2025. Disciplinary Hearings, Control Units/SHU/Solitary Confinement, Cruel and Unusual Punishment.
- 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.
- Maine State Prison Warden Replaced As Misconduct Allegations Investigated, Oct. 15, 2024. Guard Misconduct, Disciplinary Hearings.