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Findings of Fact by Indiana Disciplinary Panel Not Entitled toPresumption of Correctness for Federal Habeas Purposes
Loaded on Oct. 15, 2007
by John Dannenberg
published in Prison Legal News
October, 2007, page 37
Filed under:
Disciplinary Hearings,
Disciplinary Litigation,
Evidentiary Ruling (Disciplinary Hearings),
Standard of Proof,
Habeas Corpus.
Location:
Indiana.
by John E. Dannenberg
Seeking to clarify an "established proposition frequently ... overlooked in litigation arising from Indiana's prison system," the Seventh Circuit U.S. Court of Appeals held that the lower burden of proof that attaches to prison disciplinary panel findings of fact is insufficient to "entitle prison defendants to ...
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More from this issue:
- Little State, Big Problems: Maine’s Prison Crisis Continues Unabated, by Lance Tapley
- Old Media Access Consent Decrees Violated in Maine, by Lance Tapley
- Massachusetts District Court: FBI Ordered to Pay $101.7 Million for Malicious Prosecution, by Michael Rigby
- From the Editor, by Paul Wright
- Clarification:
- Maryland Prison Audit Reveals Potential Fraud “Undetectable”, by Michael Rigby
- Florida Supreme Court Enacts Rules Regulating “Super Sealing” of Court Records, by David Reutter
- Final Report on Ohio Prisoner Reentry Study, by G.A. Bowers
- Minnesota Sanction for Sex Offender Treatment Refusal Violates Fifth Amendment
- “War on Terror” Whistleblowers, Dissenters are Fired, Prosecuted; Plaintiff’s Lawyers Help Turn Them In, by Alex Friedmann
- Arkansas Prisoner Denied Kosher Diet Awarded $1,500
- Psych Evaluations Questioned Following D.C. Jail Suicides, by Matthew Clarke
- NY Prisoner Who Crushed Thumb Working at Ski Resort Awarded $40,000
- Illinois Supreme Court Holds Prisoner Medical Co-Payment Fee Can’t Be Deducted From Future Funds, by John Dannenberg
- California’s Solution To Prison Overcrowding: $7.4 Billion To Build 53,000 New Beds, by Marvin Mentor
- $4 Million Settlement In Rape and Beating Death of Mentally Ill New Jersey Prisoner, by Michael Rigby
- $14 Million Verdict Against Louisiana DA’s Office for Wrongful Death Sentence
- Fortress Of Solitude: The Bureau Of Prisons Is As Good At Keeping Prisoners In As It Is At Keeping Reporters Out, by Alan Prendergast
- South Carolina Prisoner Assaulted By Guards Awarded $600,000
- Wyoming and CMS Settle Suit Over Diabetic Prisoner’s Loss of Foot, by Matthew Clarke
- San Mateo County, California, Settles Strip-Search Suit for $1.9 Million
- Tenth Circuit Upholds BOP Guard’s Abuse Convictions
- Texas Parole Board Revamps Urinalysis Procedures
- GAO Audit: Alien Detention Facilities Suffer Continuing Deficiencies, by John Dannenberg
- Los Angeles County Pays $475,000 In Jail Healthcare Wrongful Death
- Texas Pays $250,000 for Lingering Death of Teen Prisoner, by Michael Rigby
- U.S. Supreme Court: Colorado Prisoner Alleging Injury From Suspension Of Medical Treatment Stated Adequate Claim To Preclude Dismissal, by John Dannenberg
- Massachusetts Guard Accused of Throwing Feces Entitled to Workman’s Compensation
- New Jersey Supreme Court Orders DOC to Codify Prisoner Healthcare Responsibilities, by John Dannenberg
- $1.6 Million Settlements by PHS and Hillsborough County in Death of Baby Born in Florida Jail, by David Reutter
- Eighth Circuit Reverses Summary Judgment Dismissal of Excessive Force Claims
- Confidential Settlement for Alabama Prisoners Killed in Road Work Crew
- New Law Bars Hawaii Prison Officials from Canceling Visits
- $100 Million In Restitution Fines Collected From California Prisoners Since 1992
- Probation Condition Restricting Pets at Residence Held Overbroad
- Absence of Parole Revocation Administrative Appeal Process Entitles Prisoner to Trial Court Determination of Custody Credits, by John Dannenberg
- BOP May Not Foreclose Transfer to Community Corrections Center Based on Length of Remaining Sentence, by John Dannenberg
- “Liberal” Pleading Construction Reveals Negligent Guard Theory Claim
- Findings of Fact by Indiana Disciplinary Panel Not Entitled toPresumption of Correctness for Federal Habeas Purposes, by John Dannenberg
- Texas Allows Actual Innocence Claim in Non-Capital Habeas Actions
- Unsupported Penile Plethysmograph Testing as Condition of Release Rises to Due Process Violation, Creates Liberty Interest
- Many Chinese Prisoners Retain Right to Vote
- Mere Possibility of Parole Insufficient to Prevent Texas Prisoners’ Parental Rights Termination, by Matthew Clarke
- On Appeal Texas Prisoner Acquitted of Damaging Jail Furnishing
- Ohio Juvenile Wards Entitled to Attorneys to Pursue 1983 Actions
- Fifth Circuit Reverses Dismissal of Mississippi Retaliation For Letters to a Newspaper Claim
- News in Brief:
- Notice of Appeal Deemed Filed When Presented to Prison Officials; Burden on State to Refute
More from John Dannenberg:
- Disciplinary Self-Help Litigation Manual, 2d Ed., by Dan Manville, March 5, 2015
- Systemic Changes Follow Murder of Colorado Prison Director, July 10, 2014
- The Redbook – A Manual on Legal Style, April 15, 2014
- Arrest-Proof Yourself, by Dale Carson and Wes Denham, March 15, 2014
- Arrested: What to do When Your Loved One’s in Jail, by Wes Denham, Feb. 15, 2014
- California Parole Board Agrees to Implement Policy to Fix Terms at Lifers’ Initial Hearings, Jan. 15, 2014
- FCC Order Heralds Hope for Reform of Prison Phone Industry, Dec. 15, 2013
- Federal Court Orders California to Release 9,600 More Prisoners, Aug. 15, 2013
- Valley Fever Declared a Public Health Emergency at Two California Prisons; Court Orders Prisoner Transfers, July 15, 2013
- Plata and Coleman Showdown in California, June 15, 2013
More from these topics:
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- 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.
- Washington Appellate Court: “Some Evidence” Standard for Prison Discipline “Is Not Illusory”, Dec. 15, 2024. Evidentiary Ruling (Disciplinary Hearings), Evidence, Best Evidence Rule.
- 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.