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Habeas Hints: Retroactivity-Cunningham and Beyond
by Kent Russell
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 AEDPA, the 1996 habeas corpus law which now governs habeas corpus practice ...
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 AEDPA, the 1996 habeas corpus law which now governs habeas corpus practice ...
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More from this issue:
- Michigan Prisons: Another CMS Failure in Privatized Prisoner Health Care, by David Reutter
- Michigan's Prison Health Care System Found Contemptuous, by David Reutter
- Michigan's In-Cell Restraints Considered Torture; Injunction Issued, by David Reutter
- California Creates High Risk Sex Offender Task Force
- From the Editor, by Paul Wright
- Florida's Prison Industry Practices Tightening, by David Reutter
- PLN Uncovers Secret Sweetheart Settlement Between PRIDE and Former Board Members, by David Reutter
- Nevada Prisoner Awarded $18,700 For Retaliation Claim
- Indianapolis’ Sex Offender Ordinance Banning Presence in Public Places with Children Enjoined
- New BOP Program Isolating Muslim, Middle Eastern Prisoners
- ABA Recommends Congress Repeal Portions of PLRA, by David Reutter
- Doing “Katrina Time”, by Bob Williams
- Habeas Hints: Retroactivity-Cunningham and Beyond, by Kent A. Russell
- Fraudulent Tax Returns Net Illegal Millions for Prisoners, by Gary Hunter
- Suit Over Suicide At Indian Jail In Washington Settled For $700,000
- New Jersey Auditor: Life Skills Academy Prison Contract Improperly Monitored, by Matthew Clarke
- Record Number of Texas Prison Guards Arrested, by Matthew Clarke
- $143,774.55 Attorney Fee and Costs Award in New York EMSA Suit, by Matthew Clarke
- Kentucky County Settles Prisoner Rape Suit for $1.4 Million
- WA Prisoners Entitled to Minimal Due Process Before Risk Level Demotion
- Washington State Waits Too Long to Collect Restitution
- Prisoner’s Death After Restraint Settled By Los Angeles County For $80,000
- Eleventh Circuit Remands ADA and Section 1983 Claims for Amended Complaint, by John Dannenberg
- Audit of California DOC Contracted Healthcare Expenditures Reveals Rampant Waste, Abuse and Management Deficiencies, by Marvin Mentor
- Guards Sue California DOC for Identity Theft by Prisoner Workers
- Missouri Elective Abortion Ban Ruled Unconstitutional In Class Action
- Washington DOC Settles Open Records Suit for $15,000
- Jail Chaplains Scrutinized for Affairs with Female Prisoners
- California DOC Settles With PLN Over Restrictive Publications Policies: Changes Regulations, Pays Damages, by John Dannenberg
- $128,000 Cost Fee Against Former Angolite Editor Reversed
- $110,000 Settlement for North Carolina Prisoner Beaten By Guards
- U.S. Supreme Court: Failure to Exhaust Remedies Is an Affirmative Defense Under the PLRA, by John Dannenberg
- Missouri’s Lethal Injection Protocol Unconstitutional; Executions Stayed
- Innocent Idaho Prisoner Receives $900,000 for 21 Years Wrongful Incarceration
- A Devastating Link: Prisoner Rape and the War on Drugs
- Prosecutors Check Prospective Jurors’ Background, Hoping to Disqualify Them
- EPA Fines Pennsylvania DOC $37,000 for Air Violations
- Registration Requirements Expanded to Non-Sex Crimes and Unconvicted Offenses, by Matthew Clarke
- Florida DOC Liable for Legal Copy Costs Not Repaid
- Pennsylvania Prisoner Wins $10,000 On Excessive Force Claim
- Suit For Untreated Diabetic Prisoner’s Death In Los Angeles County Jail Lobby Settled For $700,000
- News in Brief:
- Washington DOC Pays $1.9 Million in Rape-Murder; County Escapes Liability
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.