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Habeas Hints
This column is intended to provide 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.
STANDARD OF …
STANDARD OF …
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More from this issue:
- The Crime of Being Poor, by Paul Wright
- Texas Medical Provider Investigated for Mixing, Selling Bodies
- Wichita Kansas Pays $6.2 Million to Settle Detainees' Lawsuit
- From the Editor, by Paul Wright
- No Termination of Special Parole Upon Deportation
- The Shame of Prison Health, by Sasha Abramsky
- Proof of Actual Rights Violation Required for Attorney Fee Award
- Habeas Hints, by Kent Russell
- Ohio Federal District Court Finds RLUIPA Constitutional
- YSI: Another Death, Another Settlement
- New Mexico Supreme court Affirms Dismissal of Phone Rate Suit
- Texas Tries to Hire Incompetent Doctors to Review Medical Care
- Retaliatory Prisoner Transfer for Exercising First Amendment Rights is "Adverse Determination" Under the Privacy Act, by Bob Williams
- Evidence Suppressed in California Ex-Parolee's Warrantless Search, by John E Dannenberg
- PLRA Not Applied to Attorney Fees, $407,635 for Puerto Rican Prisoners
- Texas Prisoners Have Limited Right to Appear at Expungement Hearing
- Washington DOC Settles ADA Suit for $8,000, by Roger Smith
- Seventh Circuit Vacates $1.8 Million Award in BOP Suicide
- Injunction Allows Legal Mail Between Iowa Prisoners
- "Atypical And Significant" Hardship Segregation Claim Cannot Be Dismissed Under §1915(e)(2)
- $345,000 Settlement in Pennsylvania Jail Rape Suit
- $14 Million Settlement in U.S. Corrections Corporation Pension Plan Suit, by Michael Rigby
- Guajardo (Texas Prison Mail) Suit Dismissed
- Alaska Prisoners' Benefits Extended to Arizona
- Washington Women's Medical Care Consent Decree Ended
- Ex-Employee Wins $500,000 Religious Discrimination Award Against TDCJ
- $174,175 Awarded in D.C. Conditions and Medical Suit
- $250,000 Award for Texas Jail Paraplegic Upheld
- Hawaii Adopts "Mailbox Rule" in Prisoner Civil Actions
- New Jersey's Five Percenters an STG and a Religion, by David Reutter
- Mailbox Rule Tolls Statute of Limitations in BOP Medical Suit
- Incarcerated Father Retains Child Visitation Rights
- PLRA Physical Injury Requirement Not Applicable to First Amendment Compensatory Damages
- Third Circuit Holds PLRA Exhaustion Requirement an Affirmative Defense, by Bob Williams
- Deposition Testimony Not Hearsay; Expert Must Satisfy Daubert in BOP Van Accident
- News in Brief
- Beaten Philadelphia Prisoner Gets $125,000, Two Guards and Warden Get Time
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:
- DOJ Finds Unconstitutional Conditions in Texas Juvenile Detention, Aug. 1, 2025. Staff-Prisoner Assault, Retaliation for Filing Grievances, Pepper Spray/Tear Gas, Sentencing, Control Units/SHU/Solitary Confinement, Failure to Protect (Juveniles), Juvenile Prisons.
- On Remand, Eleventh Circuit Clarifies, Affirms Grant of Habeas Relief to Death Row Prisoner, Aug. 1, 2025. Habeas Corpus, Death Penalty, Death Row.
- Fifth Circuit Announces When Initial § 2255 Petition Not Decided on Merits and Appeals Court Later Recalls Mandate Dismissing Direct Appeal and Affirms Conviction, Subsequent § 2255 Petition Not ‘Second or Successive’ Under AEDPA, Aug. 1, 2025. Habeas Corpus, AEDPA.
- Fourth Circuit Announces Counterman v. Colorado Is New Rule of Constitutional Law That Applies Retroactively to Cases on Collateral Review and Grants Authorization to File Successive § 2255 Motion, July 1, 2025. Rehabilitation/Recidivism, Habeas Corpus, Threats.
- Georgia Moves to Shield Intellectually Disabled Prisoners from Execution, June 1, 2025. Sentencing, Death Penalty.
- Arguing Successful Federal Habeas Corpus Claims, June 1, 2025. Habeas Corpus, Sixth Amendment, Ineffective Assistance of Counsel.
- Fourth Circuit: District Court Failed to Provide Sufficient Explanation for Sentence Imposed and Did Not Address Defendant’s Arguments for Downward Variant Sentence, May 15, 2025. Sentencing, Drug Laws/Offenses.
- Fourth Circuit: Procedurally Unreasonable Sentence Where District Court Failed to Address Defendant’s Non-Frivolous Downward Variance Argument Based on Sentencing Disparity Due to Which State’s Statute Prior Conviction Based Upon, May 15, 2025. Sentencing, Failure To Consider Disparity, Federal-State Differences/Disparity/Conflicts, Disparity in Charging/Sentencing Practices.
- SCOTUS Announces Only ‘False’ Statements Made to FDIC Are Criminalized Under 18 U.S.C. § 1014, Not Statements That Are ‘Misleading’ but True, May 15, 2025. Sentencing, False Statements/Perjury.
- Ninth Circuit Grants Stay and Abeyance of Federal Habeas Petition to Allow Petitioner to Exhaust State Remedies, April 15, 2025. Administrative Exhaustion (PLRA), Habeas Corpus, AEDPA, Amendments to Petition.

