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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:
- 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.
- California Supreme Court Limits Money Bail for Nonviolent Charges, July 1, 2026. Conditions of Confinement, Sentencing, Due Process, Constitutional Challenges/Law, Pretrial Detention and Detainees.
- 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.
- 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.
- Two More Guards Face Prison Time for Messiah Nantwi Killing, June 1, 2026. Guard Misconduct, Guard Brutality/Beatings, Sentencing, Excessive Force (Wrongful Death), Plea Agreements/Guilty Pleas.
- 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.