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Habeas Hints
Loaded on Aug. 15, 2004
by Kent A. Russell
published in Prison Legal News
August, 2004, page 14
by Kent Russell
Filed under:
Civil Procedure,
Appeals,
Limitations,
Habeas Corpus.
Location:
United States of America.
This column is intended to provide "habeas hints" to prisoners who are considering or handling habeas corpus petitions as their own attorneys ("in pro per"). The focus of the column is habeas corpus practice under the AEDPA, the 1996 habeas corpus law which now governs habeas corpus ...
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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 Kent A. Russell:
- Habeas Hints: Understanding and Satisfying the Strickland Test for IAC, May 15, 2018
- Rundown on California Propositions 57 and 64, Jan. 10, 2017
- Habeas Hints: Staring Down the Two-Headed Monster: Richter-Pinholster, Dec. 15, 2013
- Habeas Hints: Staring Down the Two-Headed Monster: Richter-Pinholster, Nov. 15, 2013
- Habeas Hints: Actual Innocence, Sept. 15, 2013
- Habeas Hints: 2012 Supreme Court Habeas Highlights: Plea Bargaining Cases, Sept. 15, 2012
- Habeas Hints: Expert Testimony in Habeas Cases, Aug. 15, 2011
- Habeas Hints: The Year in Review, Feb. 15, 2011
- Habeas Hints: Certificate of Appealability, June 15, 2010
- HABEAS HINTS – CALIFORNIA COMMENT Pace and Bonner: Avoiding and Fighting “Untimeliness” Rulings Under California Law, Dec. 15, 2009
More from these topics:
- 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.
- Arguing Successful Federal Habeas Corpus Claims, June 1, 2025. Habeas Corpus, Sixth Amendment, Ineffective Assistance of Counsel.
- 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.