×
You've used up your 3 free articles for this month. Subscribe today.
Habeas Hints
This column is intended to provide "habeas hints" to prisoners who are handling habeas corpus petitions as their own attorneys ("in pro per"). The focus of the column is post-conviction practice under the AEDPA, the 1996 law which now governs habeas corpus practice throughout the U.S.
Some Useful Post-Conviction Motions ...
Some Useful Post-Conviction Motions ...
Full article and associated cases available to subscribers.
As a digital subscriber to Prison Legal News, you can access full text and downloads for this and other premium content.
Already a subscriber? Login
More from this issue:
- HR-4079: A National Crime Emergency?, by Michael Rigby
- Kentucky Prison Guard Awarded $34,000 in Sexual Harassment Suit
- California Latino Gang Members Locked Down Over 20 Months; Narrow U.S. Attorney Criminal Review Finds "No Abuses"
- Tenth Circuit Reverses Dismissal of PLN Suit Challenging Kansas DOC Ban On Gift Subscriptions, by John E Dannenberg
- From the Editor, by Paul Wright
- Report Lambastes New York Lockdowns, by Michael Rigby
- Report Lambastes New York Lockdowns
- Habeas Hints, by Kent A. Russell
- Oregon HCV Class Action Settled; Limitations Period for Individual Damages Actions Tolled, by Mark Wilson
- Expert Panel Significantly Revises Oregon's HCV Guidelines
- Alabama Settles Class Action Medical Suit; Institutes HCV Treatment Protocol, by John E Dannenberg
- Jury Awards $500,000 to Massachusetts Jail Guard Harassed for Breaking Code of Silence
- Three Americans Convicted of Running Sham Military Jail in Afghanistan
- South Carolina Prison Industry Program Problematic, Audit Finds, by Michael Rigby
- Doctors of Death and the Medicalization of State Murder, by Michael Rigby
- Prisoner's Release Fails to Excuse PLRA's Exhaustion Requirement
- California Sex Offender Satisfies Registration Obligation If He Mails Notice
- New Jersey Jail Guard Settles Elevator Fall Suit for $750,000
- AEDPA One-Year Clock Starts When Administrative Parole Appeal Is Denied, by John E Dannenberg
- Tough Justice Leads To Quadriplegic's Death In CCA-Operated D.C. Jail, by Michael Rigby
- Rikers Island Gunshot Victims' Suit Dismissed
- Government Says No Criminal Conduct in New Jersey Mass Prisoner Beating, But Jury Awards Abused Prisoner $19,000; Sexual Harassment Suit Settled for $250,000
- Qualified Immunity Denied In Failure To Protect And Delay of Emergency Treatment, by Bob Williams
- California Prisoner Trust Accounts Allegedly Used To Launder Gang Drug Taxes
- CMS Liable for Prisoner's Failed Hip Prosthesis; $75,000 Awarded, by Robert Woodman
- Absolute Immunity For Acting On Court Order Denied In Failure To Protect Claim, by Bob Williams
- New York Prisoner Awarded $105,000 for Shoulder Injury
- California Sexual Predator Unconditionally Released
- New York's Felon Disenfranchisement Law Not Saved By Federal Voting Rights Act, by John E Dannenberg
- Connecticut Prison Writers Settle Lawsuit, Writing Program Reinstated, by Michael Rigby
- Los Angeles County Pays $800,000 To Settle County Jail Medical Suit for Untreated Lupus, by John E Dannenberg
- Seventh Circuit Interprets "Brought" As Used 42 U.S.C. § 1197e(a)
- Ninth Circuit: "Chilling Effect" Not Required To Establish First Amendment Violation, by Marvin Mentor
- Oregon Prisoner's Allegation of Economic Damages States Sufficient Claim
- BOP Ad-Seg Rules Create a Liberty Interest, by David Reutter
- Oregon Parole Increase Following Appeal Violates Due Process, Presumption of Vindictiveness Applies
- Massachusetts Jail Prisoner Awarded $20,000 For Crushed Knuckle
- Federal Court Orders Mississippi to Desegregate HIV+ Prisoners
- California Demands $1.6 Million In Diverted Telephone Revenues From Private Prison Contractor, by John E Dannenberg
- Texas County, Deputy Settle Sex Assault Case For $50,000
- Iowa Must Give Kosher Meals to Civilly Committed Sex Offender, by John E Dannenberg
- Are Prisons Obsolete?, by Silja JA Talvi
- News in Brief
- California Prosecutor Fights Deportation Of Paroled Sex Offenders
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:
- DOJ Finds Unconstitutional Conditions in Texas Juvenile Detention, Aug. 1, 2025. Staff-Prisoner Assault, Retaliation for Filing Grievances, Pepper Spray/Tear Gas, Sentencing, Control Units/SHU/Solitary Confinement, Failure to Protect (Juveniles), Juvenile Prisons.
- 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.
- Georgia Moves to Shield Intellectually Disabled Prisoners from Execution, June 1, 2025. Sentencing, Death Penalty.
- Arguing Successful Federal Habeas Corpus Claims, June 1, 2025. Habeas Corpus, Sixth Amendment, Ineffective Assistance of Counsel.
- Fourth Circuit: District Court Failed to Provide Sufficient Explanation for Sentence Imposed and Did Not Address Defendant’s Arguments for Downward Variant Sentence, May 15, 2025. Sentencing, Drug Laws/Offenses.
- Fourth Circuit: Procedurally Unreasonable Sentence Where District Court Failed to Address Defendant’s Non-Frivolous Downward Variance Argument Based on Sentencing Disparity Due to Which State’s Statute Prior Conviction Based Upon, May 15, 2025. Sentencing, Failure To Consider Disparity, Federal-State Differences/Disparity/Conflicts, Disparity in Charging/Sentencing Practices.
- SCOTUS Announces Only ‘False’ Statements Made to FDIC Are Criminalized Under 18 U.S.C. § 1014, Not Statements That Are ‘Misleading’ but True, May 15, 2025. Sentencing, False Statements/Perjury.
- 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.