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Sixth Circuit Extends Abela Ruling to Parole Denial Habeas Petitions
Loaded on Feb. 15, 2007
published in Prison Legal News
February, 2007, page 36
The Sixth Circuit Court of Appeals has held that the 90-day period to apply for certiorari review to the U.S. Supreme Court tolls the one-year statute of limitations for habeas corpus actions challenging parole denial. In so holding, the Court extended its decision in Abela v. Martin, 348 F.3d 164 …
Filed under:
Civil Procedure,
Limitations,
Ex Post Facto,
Parole,
Habeas Corpus.
Location:
Tennessee.
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More from this issue:
- Still More Murder and Mayhem in Maryland, by Michael Rigby
- From the Editor, by Paul Wright
- Confronting Confinement, A Report On Safety and Abuse In America’s Prisons, Vera Justice Institute (2006), 118 pp., by John Dannenberg
- Sacramento Jail Rampant with Excessive Force and Brutality, by Gary Hunter
- Bureau of Prisons Begins Certifying Sexually Dangerous Persons, by David Beneman
- New York’s Prison System Infested With Drugs, by David Reutter
- High Ranking Louisiana Prison Official Pleads Guilty to Federal Charges, by Gary Hunter
- California Habeas Handbook, Expanded 5th Edition, by Attorney Kent Russell, Sept. 2006, 114 pages plus appendix, soft cover, by John Dannenberg
- 5-Point Restraints = Excessive Force + Due Process Violation Results in $25,000 Virginia Damage Award
- Correct Rx a New Major Player in the Prison Drug Industry, by Gary Hunter
- The Warehousing of New Hampshire’s Mentally Ill, by David Reutter
- Seizure of Washington Prisoners’ Cash at Jail Booking Unconstitutional, by Michael Rigby
- Prison TB 10 Times Higher Than Non-Prison Cases
- Fulton County Reinstates Deputies Fired in Killing Rampage
- $400,000 Wrongful Death Settlement After San Diego Jailers Hog-Tied Prisoner, by John Dannenberg
- 1997 Changes in Pennsylvania Commutation Law Held Ex Post Facto, by John Dannenberg
- Summary Judgement Reversed on Illinois Outgoing Mail Ban
- Federal Court Compels Activation of California DOC Mental Health Crisis Beds; Approves New $111 Million Mental Care Hospital, by John Dannenberg
- North Carolina Jail Prisoner Killed During Court Appearance, by Gary Hunter
- Cleaning up Mississippi’s Supermax: Conditions Suit Settled, by David Reutter
- Prison Deaths: A National Shame, by Ira P. Robbins
- California DOC Medical Receiver’s Initial On-The-Job Impression: “Conditions Disgraceful”, by John Dannenberg
- California Governor Vetoes Open Records, Prisoner Condoms and Media Access Bills, by John Dannenberg
- U.S. Spends Record $185 Billion on Justice System is 2003, by Matthew Clarke
- New York’s Governor Vetoes New Treatment Facilities For Mentally Ill Prisoners, by John Dannenberg
- Mississippi DOC Guts TB Program
- Colorado Parolee’s Disenfranchisement Upheld
- PLN Awarded $48,709 In Attorney Fees After Successful FOIA Suit Against BOP
- Family of Texas Prisoner Murdered in Geo-Operated Prison Awarded $47.5 Million, by Michael Rigby
- 9th Circuit Holds § 1997e(a) Applies to Private Prisons; Magazine Confiscation Is a “Prison Condition”
- $255 Awarded For Destruction of Prisoner’s Property
- New Jersey Prison Commissioner’s Complete Ban On Media Lifted, by Gary Hunter
- Michigan Jail Prisoners Pay For Incarceration, by Gary Hunter
- Sixth Circuit Extends Abela Ruling to Parole Denial Habeas Petitions
- Virginia Prison Minister Indicted on Sex Charges; Ministries Under Fire, by Gary Hunter
- Garnishment of Ohio Prisoner’s Account Permitted to Pay Court Costs
- $2.5 Million Settlement for Illegal Strip Searches in Connecticut Jail
- New Jersey Sex Offenders Must Be Protected and Segregated During Transports
- MO Jail Guards Denying Seizure Medication amd Assigning Prisoner to Top Bunk May Violate 8th Amendment
- Nebraska UA Procedures Do Not Violate Due Process
- Illinois Jail’s Strip Search Policy Unconstitutional, by Michael Rigby
- Native American Entitled to Prayer Feather
- BOP Halfway House Walkaway Is Not Federal “Crime of Violence”, by John Dannenberg
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- News in Brief:
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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.
- Louisiana’s Atavistic Approach to Criminal Sentencing and Parole Demonstrates Politicians’ Failure to Learn from Past Mistakes, July 1, 2026. Medical, Conditions of Confinement, Sentencing, Parole, Prisoners' Rights.
- California Appeals Court Sustains Amendments to CDCR that Narrow Youth Parole Eligibility Rules, July 1, 2026. Parole, Equal Protection Clause/Claims, Juvenile Offenses/Offenders, Credits, Prison Regulations.
- Michigan Supreme Court Announces Betts Decision Invalidating 2011 SORA as Ex Post Facto Punishment Applies Retroactively to Defendants on Collateral Review, July 1, 2026. Sex Offender Registration, Retroactivity, Ex Post Facto, Constitution, state, Constitutional Challenges/Law.
- 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 Rules Prisoner Held After Parole Board Ordered Release on Parole Could Not State a Rights Violation Claim, June 1, 2026. Parole, Overdetention, Qualified Immunity, Fourteenth Amendment, rights, 42 U.S. Code § 1983, civil action for deprivation of rights.

