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Federal DNA Statute Not Challengeable in Criminal Appeal
Loaded on Aug. 15, 2004
published in Prison Legal News
August, 2004, page 12
Federal DNA Statute Not Challengeable In Criminal Appeal The U.S. Court of Appeals for the Fifth Circuit has held that 42 U.S.C. § 14135 et seq. (the Act) may not be challenged on a direct criminal appeal or habeas proceeding. The Act authorizes federal Bureau of Prisons (BOP) personnel to …
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More from this issue:
- The Complicity of Judges in Wrongful Convictions, by Hans Sherrer
- Washington Persistent Prison Misbehavior Statute Upheld
- Exporting the American Way of Crime
- Federal DNA Statute Not Challengeable in Criminal Appeal
- From the Editor, by Paul Wright
- Texas Boot Camp Denied Immunity for Ignoring Serious Medical Needs
- Habeas Hints, by Kent A. Russell
- Montana BMPs Are Cruel and Unusual Punishment, by Mark Wilson
- Former Texas Prison Guard Awarded $275,000 in Race Discrimination Suit
- Illinois Appeals Court Overturns Warden's Reckless Homicide Convictions
- Local Officials Tell Prisoners: "You don't live here", by Peter Wagner
- CCA Medical Contract Doesn't Violate 8th Amendment
- No Qualified Immunity for Florida Jail Guards in Prisoner Murder
- New Jersey Civil Commitment Hearings Secret, Biased, by Michael Rigby
- Rape of Women Prisoners Rampant in Ohio, by Michael Rigby
- Facts Contained in Administrative Remedies Not Automatically Deemed Facts Alleged in Complaints
- Executions Rose in 2002; Texas Led in Number of Deaths
- California Prison Guards Organize to Sue Assaultive Prisoners
- No Qualified Immunity for Prison Officials on Tobacco Smoke Complaints
- Florida's Felon Disenfranchisement Law Under Spotlight, by David Reutter
- California Guard's Obscene Behavior Towards Prisoner Is Actionable, by Marvin Mentor
- California No-Parole-Policy Suits For Damages And Injunctive Relief Fail, by John E Dannenberg
- Denial of Dentures States Eighth Amendment Claim
- Ohio Supreme Court Holds Some Sex Predators Not Required to Register
- Permanent Injunction Against California Book Ordering Restrictions Affirmed, by John E Dannenberg
- Georgia Sheriff as "Arm of the State" Entitled to Eleventh Amendment Immunity, by Bob Williams
- Washington Court Establishes Procedures for Community Placement Violation Hearings
- Tenth Circuit Holds Prisoner Has Burden Under PLRA To Plead Administrative Exhaustion, by John E Dannenberg
- Hearsay Testimony of Prison Officials Found Inadmissible in Criminal Prosecution and Probation Revocation
- Mailbox Rule Applied To Administrative Forfeiture Proceeding, by Bob Williams
- California Credit Restoration Denial Ruled Ex Post Facto, by John E Dannenberg
- Mentally Ill Texas Prisoner Not Entitled to Hepatitis Treatment
- Tennessee: Staph Outbreak, Delayed Treatment, Death Highlight Prison Healthcare Problems, by Michael Rigby
- Two Courts Interpret Provisions of Federal Appellate Rule 4; Prisoner Appeals Dismissed as Untimely
- 2004 Supplement to the California State Prisoners Handbook, by John E Dannenberg
- PLRA Indigency Provision Inapplicable When Filing Fee Paid
- No Qualified Immunity in Jail Suicide Attempt
- Washington Agencies Must Explain Reasons for Denying Public Disclosure Requests
- Intentional Delay to Prevent Prisoner's Suicide Precludes Qualified Immunity
- News in Brief
- Virginia SCC Without Jurisdiction to Hear Prisoner Phone Rate Challenge
More from these topics:
- Sixth Circuit Announces State-Law Exceptions to Appeal Deadlines Preserve “Pending” Status Under AEDPA, Holding Belated-Appeal Procedures Toll Federal Habeas Limitations Period, April 1, 2026. Limitations, Habeas Corpus, AEDPA, Appealable Issues/Orders, Failure to Address/Advise Defendant.
- SCOTUS Sides with Federal Prisoner in Habeas Review Case, March 1, 2026. Habeas Corpus, AEDPA, Mandatory Minimum Sentence, Statutory Construction/Interpretation, Predicate Acts/Offenses.
- The Unintentional Informant: Household Pets as Vectors of Human DNA, March 1, 2026. DNA Testing/Samples, Forensic Sciences, DNA Evidence, Evidence - Integrity/Reliability of, Scientific Testimony or Evidence.
- SCOTUS Announces Federal Prisoners May Seek Certiorari Review of Authorization Denials Under § 2255(h) and Are Not Subject to § 2244(b)(1)’s Bar on Previously Presented Claims, Feb. 1, 2026. Habeas Corpus, AEDPA, Appealable Issues/Orders, Statutory Construction/Interpretation, Authority and Jurisdiction.
- 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.
- Zombie Forensics: Discredited Science Stalking the Courtroom, Dec. 15, 2025. DNA Testing/Samples, junk science, Forensic Sciences, Opinions and Expert Testimony.
- Minnesota Supreme Court Announces Warrantless Buccal Swab Pursuant to Discovery Order Violates Fourth Amendment, Overrules Inevitable Discovery Precedent, and Clarifies Accomplice-Corroboration Statute Applies Only to Sworn Testimony, Dec. 15, 2025. DNA Testing/Samples, Warrantless Searches, Good Faith Exception, Hearsay Evidence/Exceptions, Exclusionary Rule.

