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Habeas Hints: Standard of Review
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 federal habeas corpus practice throughout the U.S.
STANDARD ...
STANDARD ...
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More from this issue:
- Georgia Parole Corruption Deepens, by Gary Hunter
- From the Editor, by Paul Wright
- Louisiana Prisoners May Access Savings Funds Exceeding $250
- Suits Against Individual State Employees Available Under ADA
- California Three-Year Lockdown of "Southern Hispanics" Held Unconstitutional, by Marvin Mentor
- Thaddeus-X Standard Retroactive Except for Qualified Immunity Defense, by Bob Williams
- Iowa Guards Fired for Beating Prisoner
- Gender and Incarceration: How Men and Women Experience Life Behind Bars, by Silja JA Talvi
- Criminal Guards and Escaping Prisoners in Texas
- Maryland Pays $700,000 to Settle Suit Over Murder Committed by Parolee in Colorado
- Texas Eliminates Habeas Corpus Following Probation Revocation
- Virginia Law Repeals Phone Rate Ruling
- $2.5 Million Verdict in California Medical Neglect Case, by Marvin Mentor
- Vehicle Forfeited for Smuggling Drugs into Arizona Prison
- Tribal Funds Exempt from Washington LFO Seizures
- Florida's Private Food Service Demonstrates that Profit Overrides Sanitary Practice, by Marvin Mentor
- Habeas Hints: Standard of Review, by Kent Russell
- Drug Addiction Disability Cannot Be Used to Deny Parole
- California Parole Official Demoted
- Disclosure of Transsexual, HIV+ Status States Eighth Amendment Claim
- Class Action Filed on Washington DOC Seizure of Tribal Funds
- Habeas Corpus Sole Remedy for BOP Sentence Reduction
- $90,169 Plus Injunction in California Retaliation Suit
- Hawaii Prison Doctor's Retaliation Judgment Upheld
- Prisoner Phone Recordings not Exempt from FOIA Disclosure
- Veteran's Benefits Deposited to Prisoner Trust Account Cannot Be Attached
- Denial of Reporter's Access to Jail Unconstitutional
- North Carolina DOC Supervisor Implicated in Scandal
- Medical Claim Accrues on Last Date of Treatment Denial
- Court Must Notice Pro Se Prisoner of Resonse Rights Before Granting Summary Judgment
- Punitive Damages Are Prospective Relief Under PLRA, by David Reutter
- New York County Liable for Jail Strip Searches
- Ohio Prison Officials Cannot Alter Jail-Time Credit Award
- Sandin Applied to Wisconsin Sexual Offender Civil Commitment
- Release of Medical Liability May Establish Deliberate Indifference
- New York Jail Strip Search Policy Unconstitutional
- Woman Gang Raped in Back of Jail Van
- Failure to Assert Hearing Officer Bias Administratively Waives Claim on Habeas
- News in Brief
- Home Detainee Has Fourth Amendment Rights
- New York Prisoner Awarded $411,000 in Failure to Protect Suit
- BJS Releases New Recidivism Study
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:
- 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.
- 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.
- Georgia Supreme Court Grants Habeas Where Defense Counsel Failed to Understand State Self-Defense Statute Provides Complete Defense to Felony Murder Based on Felon-in-Possession Charge, Oct. 1, 2024. Habeas Corpus, Felon in Possession Statute, Ineffective Assistance of Counsel, Murder/Felony Murder.