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Habeas Hints: Evidentiary Hearings
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 practice throughout the ...
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More from this issue:
- Scandal, Suicides, Corruption and Abuse Abound at New York Citys Rikers Island Jail, by Gary Hunter
- New York Brutality Settlement Affecting Twenty Two Prisoners, Fourteen Units Settles for $2.2 Millio, by Gary Hunter
- New Yorks Top Cop Crumbles Under Personal Investigation
- Former Florida Correctional Privatization Commission Official Pleads Guilty to Stealing State Funds, by David Reutter
- Fall Escapes Plague Local, State Agencies in Houston Area
- From the Editor
- Abu Ghraib: Enduring Symbol of Hated Regimes, by Matthew T. Clarke
- Lawyers Bilk Cornell for Millions, San Francisco Jail Scammed
- Report Details Suicide and Homicide Rates in Prisons, Jails, by Michael Rigby
- Four CCA Guards Indicted in Murder of Nashville Prisoner, by Matthew T. Clarke
- Habeas Hints: Evidentiary Hearings, by Kent Russell
- Banned From the Hood, by Matthew T. Clarke
- Nearly 7 Million Under Correctional Supervision In U.S., by Michael Rigby
- California DOC Bans Dying Parolee From His Familys Town
- BJS Director Sacked For Telling Truth About Racial Profiling, by Matthew T. Clarke
- Connecticuts Mistreatment of Mentally Ill Prisoners and Detainees Enjoined, by John Dannenberg
- West Virginia Prisoner Sued By Victims Mother Following $50,000 Award
- California DOC Diverts $480,000 of Drug Treatment Money for Movie Studio
- Sixth Circuit: RLUIPA Held Constitutional Under the Spending Clause
- Robots Package Medications for Jails
- Texas Prisoner Writers Retaliation Lawsuit Proceeds, by David Reutter
- $150,000 Paid to Indiana Juvenile Jail Detainee for Sexual Assault
- Florida's Juvenile Justice: Convicted Sex Offender Rapes Disabled Youth in His Care
- Sixth Circuit Reverses Judgment for EMSA Physician, Remands for Trial
- Conviction Rates Low After DNA Match
- BOP Sexually Explicit Materials Ban Requires Factual Development
- Montana Awards New Prison Phone Contract
- Jury Awards $858,200 in California Jail Suicide
- New York Prisoner Awarded $2,760 for Improper Confinement/Denial Medical Care
- Los Angeles County Jail Continues To Over-Incarcerate, by John Dannenberg
- Former Illinois Death Row Prisoners Malicious Prosecution Claim Rejected
- Reproductive Rights in Theory and Practice: The Meaning of Roe v. Wade for Women in Prison, by Rachel Roth
- Neglected New York Prisoner Dies At Jail Following Heart Surgery, by Michael Rigby
- Arizona Prisoners Mortality Report Confidentiality Not Federally Protected, by John Dannenberg
- BOP Prohibition Against Stock Selling and Receipt of Book Infringes Constitutional Rights
- U.S. Prison Population Hits Nearly 2.3 Million In 2004, by Michael Rigby
- Laundry Slip and Fall Injury Reaps New York Prisoner $95,000
- PLRA Exhaustion Requirement Inapplicable to Suit Filed When Plaintiff Not Incarcerated
- Buddhist Prisoner Properly Denied Vegan Diet Under First Amendment; Case Remanded for RLUIPA Claim, by David Reutter
- Seventh Circuit Reverses Dismissal of Retaliation Claim
- California Guards Lose Appeals On Federal Conspiracy Conviction, Bail; Still Free
- News in Brief
- Native American California Prisoner Entitled to Religious Exception from Prison Hair Grooming Policy, by John E Dannenberg
- News in Brief
- Ninth Circuit Reverses Denial of IFP Status Under §1915(g); Defendants Bear Burden of Establishing I
More from Kent Russell:
- Habeas Hints: Discovery on Habeas Corpus, May 15, 2019
- Habeas Hints: SCOTUS Review 2017-18, Jan. 17, 2019
- Habeas Hints: Evaluating and Initiating IAC Claims, Nov. 28, 2018
- Habeas Hints: Ineffective Assistance of Trial Counsel - Hints for 2018: IAC #1, Jan. 19, 2018
- Habeas Hints: SCOTUS Review 2016–17, Nov. 16, 2017
- Habeas Hints, Oct. 26, 2015
- Habeas Hints: Supreme Court Habeas Review 2014, Nov. 8, 2014
- Habeas Hints: Evidentiary Hearings, May 15, 2006
- Habeas Hints: How to Get DNA Testing, Feb. 15, 2006
- Habeas Hints, Sept. 15, 2005
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.