×
You've used up your 3 free articles for this month. Subscribe today.
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 ...
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:
- 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:
- 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.
- Third Circuit Grants Habeas Relief to Prisoner on Confrontation Clause and Ineffective Assistance Claims Based on Trial Court Reading Entire Criminal Information Into the Record of Co-Conspirator Who Pleaded Guilty, Feb. 15, 2025. Habeas Corpus, Ineffective Assistance of Counsel, Exculpatory No Doctrine, Confrontation Clause/Rights, Witnesses - Prior Statements/Testimony, Plea Agreements/Guilty Pleas.
- Texas Court of Criminal Appeals Grants Habeas Relief in ‘Shaken Baby Syndrome’ Case, Feb. 1, 2025. junk science, Habeas Corpus, Forensic Sciences, Child Abuse/Abusers, Evidence - Admissibility.
- California Prisoner Awarded Over $1.26 Million in Suit Challenging Withheld Legal Mail Which Resulted in Habeas Loss, Jan. 15, 2025. Settlements, Habeas Corpus, Mail Regulations, Legal Mail.
- Georgia Supreme Court Grants Habeas Relief Where Both Trial and Appellate Counsel Provided Ineffective Assistance by Failing to Challenge Indictment for Residential Burglary That Failed to Allege Defendant Illegally Entered a ‘Dwelling’, Jan. 15, 2025. Habeas Corpus, Ineffective Assistance of Counsel, Constitutional Challenges/Law.
- Ninth Circuit Holds District Courts Have No Authority Under Rule 4 of Rules Governing § 2254 Cases to Dismiss Habeas Petition on the Merits, Dec. 15, 2024. Habeas Corpus, Dismissal, Authority and Jurisdiction.
- Ninth Circuit Grants Habeas Relief to California Prisoner on Napue Claim Because Prosecution Failed to Correct Informant’s False Testimony That He Did Not Receive Any Benefit In Exchange for His Testimony, Dec. 1, 2024. Informants, Habeas Corpus, Informants and Paid Witnesses, False Testimony.
- Public Defender Files Habeas Petitions for Detainees at “Horrific” Baltimore Lockup, Nov. 15, 2024. Failure to Treat, Conditions of Confinement, Hygiene Supplies, Disclosure of Records, Habeas Corpus.
- Ninth Circuit Denies Habeas Relief to Prisoner Who Invoked Fifth Amendment Right to Counsel During Custodial Interrogation but Made Incriminating Statements to Undercover Informant Posing as Fellow Prisoner Because Right to Counsel Not Violated, Nov. 1, 2024. Habeas Corpus, Custodial Interrogations/Statements, Counsel - Right to.
- Georgia Supreme Court Grants Habeas Where Defense Counsel Failed to Understand State Self-Defense Statute Provides Complete Defense to Felony Murder Based on Felon-in-Possession Charge, Oct. 1, 2024. Habeas Corpus, Felon in Possession Statute, Ineffective Assistance of Counsel, Murder/Felony Murder.