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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:
- Federal Habeas Quick Reference Guide for State Prisoners, Sept. 1, 2026. Retroactivity, Habeas Corpus, AEDPA, Actual Innocence/Claim of Innocence, Cause and Prejudice.
- Sixth Circuit Holds Kentucky Deficient-Counsel Belated-Appeal Procedure Tolls Federal Habeas One-Year Limitations Period, Sept. 1, 2026. Limitations, Habeas Corpus, AEDPA, Failure to Preserve Challenge, Tolling of Statutes of Limitations and Laches.
- Formally Available, Rarely Granted: A State Prisoner’s Guide to Federal Habeas Relief, Sept. 1, 2026. Administrative Exhaustion, Habeas Corpus, Bureau of Prisons Orders, Administrative Law/Remedies, Evidence - Integrity/Reliability of, Tolling of Statutes of Limitations and Laches, Federal Rules of Evidence, Statute of Limitations.
- Eleventh Circuit Holds § 2255 Motion Not “Second or Successive” After Intervening Amended Judgment Corrected Unlawful Sentences, Even as to Claims Concerning an Undisturbed Count, Aug. 1, 2026. Habeas Corpus, AEDPA, Effect of Vacatur.
- Oregon Supreme Court: Jail Credit Statute Focuses Upon Legal Custody Not Physical Custody Location, July 1, 2026. Civil Procedure, Sentencing, Appeals/Appellate Jurisdiction, Criminal Justice, Statutory Construction/Interpretation.
- Eighth Circuit Dismisses Federal Prisoner’s Challenge to BOP Denying His Request for Expedited Transfer to Prerelease Custody, June 1, 2026. Release and Reentry, Habeas Corpus, First Step Act, Community Confinement/Home Detention, Credits.
- 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.
- 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.
- 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.

