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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.
…
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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
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More from these topics:
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- Kentucky Supreme Court Clarifies Parole Board May Delegate Final Revocation Hearings to Administrative Law Judges but Holds Due Process Requires Parolees Be Permitted to File Exceptions to ALJ Findings Before Board Renders a Final Revocation Decision, April 1, 2026. Administrative Exhaustion, Fourteenth Amendment, rights, Revocation/Modification of Probation, etc., Revocation Proceedings, Authority and Jurisdiction.
- SCOTUS Sides with Federal Prisoner in Habeas Review Case, March 1, 2026. Habeas Corpus, AEDPA, Mandatory Minimum Sentence, Statutory Construction/Interpretation, Predicate Acts/Offenses.
- Alaska Prisoner’s Discipline for Violating Invalidated Rule Tossed, March 1, 2026. Disciplinary Hearings, Access to Media, Statutory Construction/Interpretation, Authority and Jurisdiction, Administrative Detention/Segregation.
- Montana Supreme Court: Due Process Prohibits Courts From Relying on Unproven Charging Allegations When Imposing Sex Offender Registration Duty, Announces First-Impression Rule Limiting Review to Elements of Conviction, March 1, 2026. Sex Offender Registration, Administrative Exhaustion, Fourteenth Amendment, rights, Qualifying Offenses, Acquitted Conduct/Uncharged Crimes/Dismissed Counts.
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- 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.

