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No Presumption of Collateral Consequences from California Disciplinary Proceeding
Loaded on Jan. 15, 2004
by John E Dannenberg
published in Prison Legal News
January, 2004, page 15
by John E. Dannenberg
Filed under:
Disciplinary Litigation,
Sanctions (Disciplinary Hearings),
Escapes,
Habeas Corpus,
International Law,
Visiting,
Extended Family Visiting.
Location:
California.
The Ninth Circuit US Court of Ap-
peals held that in a 28 U.S.C. § 2254 habeas proceeding, a guilty finding in a California state prison disciplinary proceeding would not be accorded a presumption of collateral consequences.
Stephen Wilson, sentenced to 25 years-to-life for first degree …
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More from this issue:
- Prison Labor Fuels American War Machine, by Ian Urbina
- Verdict, Damages in Ohio Prisoner Disciplinary Case Reversed on Appeal
- From the Editor, by Paul Wright
- James Quigley November 9, 1950-October 7, 2003, by Paul Wright
- CCA Packs Positions With High-Profile Politicians, by Michael Rigby
- Two of Three Hawaii, Parole Board Members Resign, Shutting Board Down
- Invisible Punishment: The Collateral Consequences of Mass Imprisonment, by Silja JA Talvi
- $250,000 Settlement Paid to Seattle Jail Guard Assaulted by Released Prisoner
- Death at North Carolina Lock Up Spotlights Troubled Jail System, by Michael Rigby
- Santa Fe Guards Rape Prisoners, Neglect Kills Another, by Gary Hunter
- Massachusetts Jail Guards Assault Mentally Disabled Prisoner, by Michael Rigby
- New Iowa Law Creates Sex Offender Residency Zones
- No Presumption of Collateral Consequences from California Disciplinary Proceeding, by John E Dannenberg
- Seventh Circuit Remands § 1983 Medical Negligence Suit to State Court
- Private Transport Company Settles Female Prisoner's Sexual Assault Suit
- Kickbacks Dominate Fresno Jail Contracts, by Gary Hunter
- Frivolous Litigator Must Prepay Appellate Filing Fees
- California Habeas Handbook, 4th Edition, by John E Dannenberg
- $25,000 Awarded to Former New York Prisoner in Medical Malpractice Suit, by Lonnie Burton
- Pool Cue Not a Weapon, Says Second Circuit
- Retributive Denial Of Hepatitis-C Treatment States Eighth Amendment Claim, by John E Dannenberg
- Sentences Upheld for TransCor Driver Who Raped and Terrorized Prisoners
- New Hampshire Prison Commissary Surcharge Ruled an Illegal Tax, by John E Dannenberg
- Maryland Detainee Chained to Pole Awarded Damages, but No Fees
- Ohio Warrantless Arrestees Must Be Arraigned Within 48 Hours of Arrest
- First Circuit Applies Mailbox Rule to § 1983 Complaints
- Massachusetts Constitution Entitles Prisoners to Wear Kufi Caps
- Diet of Raw Cabbage and Food Loaf States Eighth Amendment Claim
- Bond Fees State Eighth Amendment Claim
- Successive Petition Habeas Rule in Parole and Disciplinary Cases
- Use of Pepper Spray States Eighth Amendment Claim
- Oregon Prisoner Stated Negligence Claim Concerning Lost Property
- Texas Prisoners May Challenge Loss of Good Time Class Via Habeas Corpus
- Immunity Granted to Wisconsin Sex Offenders in Treatment
- Alabama Highway Labor Kills Three Prisoners, Three More Injured
- County Liable for Sheriff's Failure to Remove Invalid Warrant From Computer
- Supreme Court Upholds Federal Tolling Statute; $80,000 Verdict Reinstated
- Wisconsin Prisoners' Riot Charges Expunged From Records
- $124,000 Awarded in New York Prison Bus Crash
- U.S. Parole Law Amendment Ruled Ex Post Facto as Applied, by John E Dannenberg
- Qualified Immunity Standards Tightened in Prison Murder Suit, by John E Dannenberg
- No Constitutional Right to Privacy for Naked Woman Arrestee
- Administrative Exhaustion Required in Pre-PLRA BOP Phone Suit
- News in Brief
- Evidentiary Hearing Required to Determine Communion Service Frequency
More from John E Dannenberg:
- California’s “Realignment” Law Sends 38,000 State Prisoners to County Control, Aug. 11, 2016
- Pennsylvania Prisoner Gets $12,500 in Retaliation Suit After Remittitur, Jan. 15, 2010
- Nebraska Muslim Prisoner Wins Religious Concessions, April 15, 2009
- Illegal Strip Searches During Minor Charges Net Sacramento Jail Detainees $1,000 Each, May 15, 2007
- California: Knowing Waiver of Conduct Credits at Plea Agreement Controls Upon Later Probation Violations, May 15, 2007
- Arizona Internet Ban Permanently Enjoined, May 15, 2007
- California: "Mailbox Rule" Extended to Civil Complaints Against Public Entity, May 15, 2007
- California Attorney Richard Dangler Sanctioned for "Shameful, Frivolous" Prisoner Appeals; Resigns, May 15, 2007
- PLN Wins FOIA Suit to Gain Copies of BOP Verdicts and Settlements without Charge, Sept. 15, 2006
- Supreme Court: Banning Publications to Punish Recalcitrant Prisoners Trumps Their First Amendment Rights, Sept. 15, 2006
More from these topics:
- Prisoners in Norfolk, Virginia Left on Extended Lockdown, May 1, 2026. Staffing, Lockdowns, Telephone Access, Extended Family Visiting, Failure to Protect (Staff).
- 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.
- “Devil in the Ozarks” Gets 13 More Years for Escape, March 1, 2026. Guard Misconduct, DOC/BOP misconduct, Escapes, Security Systems, Authentication/Identification.
- Eight Detainees Escape from Louisiana Jail, Captured in 24 Hours, March 1, 2026. Escapes, Jail Specific, Security Systems.
- Two Detainees Captured After Escape from Southwest Georgia Jail, March 1, 2026. Escapes, Jail Specific, Security Systems.
- Escape from Georgia Jail Ends in Florida after Lyft Hijacking, Feb. 1, 2026. Escapes, Jail Specific, Security Systems, Kidnapping, Abduction or Unlawful Restraint.
- New York State Prisons Turning Away Visitors with Tampons After Scan, Feb. 1, 2026. Gender Discrimination -- Women, Mechanical Searches/Scanners, Visitor Searches, Visiting.
- Oklahoma Prisoner Who Escaped Through Hole Killed by Sheriff, Feb. 1, 2026. Escapes, Plumbing, Jail Specific, Security Systems.
- 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.

