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Habeas Hints: Procedural Update
Loaded on Jan. 15, 2003
by Kent Russell
published in Prison Legal News
January, 2003, page 6
This column is intended to pro-vide habeas hints for prisoners who are considering or 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.
Filed under:
Civil Procedure,
Administrative Exhaustion,
Limitations,
Habeas Corpus.
Location:
United States of America.
PROCEDURAL UPDATE
…
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More from this issue:
- Washington Prison Health Care Substandard, by Angela Galloway
- From the Editor, by Paul Wright
- Habeas Hints: Procedural Update, by Kent Russell
- The Long Silence: Federal Prisoners' Fight to Get the Word Out Reaches Unprintable Extremes, by Alan Prendergast
- Book Review: From Prison to Home, by Roger Hummel
- North Carolina Jail Fire Kills Eight Prisoners
- Alabama DOC Quickly Settles Prison Working Conditions Suit, by John E Dannenberg
- Hustler Magazine Survives Arizona Prison Obscenity Test
- Los Angeles County Settles Overdetention Suits for $27 Million, by John E Dannenberg
- Sexual Assault Violates Eighth Amendment
- Wackenhut Warden and Six Guards Convicted In New Mexico Prisoner Beatings
- California's Parole Revocation System Violates Due Process, by John E Dannenberg
- Virginia Guards Acquitted of Assaulting Prisoner, by Michael Rigby
- Sentence Commuted for Sexually Assaulted New Mexico Prisoner
- Ninth Circuit Upholds BOP's Prorated Good Time Formula
- Inartful Pro Se Exhaustion of Administrative Remedies Survives Motion to Dismiss
- Deaf Michigan Prisoner's ADA/RA Suit Survives Dismissal Challenge
- USPC Parole Revocation Policies Violate Due Process, by David Reutter
- Trial in Prison Violates Oregon's "Public Trial" Guarantee
- Amendment of Complaint to Identify Unknown Defendant Denied
- Denial of Wheelchair Claims Survive Summary Judgment
- PLRA Does Not Apply to Juvenile Facilities; $379,000 Attorney Fees and Costs Awarded, by David Reutter
- Excessive Force and Delaying Medical Treatment Defeats Dismissal
- Diabetic's Amputation Suit Set for Trial
- No Immunity for Failing to Protect Murdered Informant; Correctional Industries Employees Are State Actors
- Colorado Ad-Seg Decisions Subject to Judicial Review
- 7th Circuit: PLRA Exhaustion Requirements Retroactive; BOP Has Late Grievance Hardship Exception
- $27,848.30 Award in Texas Jail Slip and Fall Upheld
- A Jailhouse Lawyer's Manual, Fifth Ed. and 2002 Supplement, by Paul Wright
- Less Restrictive Alternatives Must Be Considered in Washington Sex Predator Commitments
- Brutal Jail Conditions Warrant Reduced Federal Prison Sentence
- News in Brief
- FLSA Inapplicable to Oklahoma Prisoners in Private Prisons
- 7th Circuit Denies Qualified Immunity on ETS Claim
- All Aspects of Inadequate Medical Need Not Be Exhausted
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:
- Eleventh Circuit Upholds Dismissal of Six Female Alabama Jail Detainees’ Sexual Assault Suit, Jan. 1, 2026. Jail Misconduct, Summary Judgment, Limitations, Municipal Liability, Criminal Sexual Abuse.
- 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.
- Ninth Circuit Grants Equitable Tolling Under AEDPA Where Attorney Abandoned Prisoner by Failing to Communicate for Nine Months and Prison Officials Delayed Processing Filing Documents, Dec. 15, 2025. Attorney Misconduct, Legal Materials, Law Library Access/Adequacy, Limitations, AEDPA.
- 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.
- Maine Superior Court Order to Reform Public Defender System Paused on Appeal, Dec. 1, 2025. Indigent Defense, Injunctions, Habeas Corpus, Sixth Amendment, Counsel - Constructive denial of.
- First Circuit: District Court Abused Discretion by Sua Sponte Raising Statute of Limitations Defense to Habeas Petition After Respondents Had Intelligently “Waived” It by Being Aware of Availability but Failing to Assert It, Nov. 15, 2025. Defenses, Limitations, Habeas Corpus, Double jeopardy, Knowingly and Intelligently.
- Texas Court of Criminal Appeals Announces Defendants on Appeal Bonds for Fine-Only Class C Misdemeanors Are “Restrained” for Purposes of Seeking Habeas Relief, Nov. 15, 2025. Habeas Corpus, Collateral Consequences, Pending Appeal/Sentencing, Statutory Construction/Interpretation, Authority and Jurisdiction.

