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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:
- Federal Habeas Corpus: Getting Around Procedural Default, July 15, 2024. Habeas Corpus, Actual Innocence/Claim of Innocence, Ineffective Assistance of Counsel, Summary Disposition, Cause and Prejudice, Proving Cause.
- California Court of Appeal Announces Rulings on Three Issues of First Impression Involving Certificate of Appealability and Habeas Petition, July 15, 2024. Habeas Corpus, Appeals/Appellate Jurisdiction.
- Ohio Supreme Court Announces Same Postconviction-Relief Filing Deadline Applies to ‘Delayed Appeal’ as Applies to Any Other Type of Direct Appeal, July 15, 2024. Habeas Corpus.
- Retraction: ‘Federal Habeas Corpus: The Savings Clause Remedy for Federal Prisoners’ by Dale Chappell, May 15, 2024. Habeas Corpus, AEDPA.
- The Death of the Savings Clause, May 15, 2024. Habeas Corpus, AEDPA.
- Federal Habeas Corpus: Understanding Second or Successive Petitions for State Prisoners, April 15, 2024. Resources, Habeas Corpus, AEDPA.
- Class-Action Lawsuit Challenges Use of Presumptive Drug Tests by Washington DOC, April 1, 2024. Disciplinary Hearings, Disciplinary Litigation, False Charges (Disciplinary Hearings), Evidence, Drug Testing, Estimates/Averages - Use of, Inmate Disciplinary Hearings, Prison Disciplinary Proceedings.
- Colorado Prisoners Disciplined for Not Working Despite Ban on Prison Slavery, April 1, 2024. Prison Labor, Disciplinary Hearings.
- Seventh Circuit Orders District Court to Hold Evidentiary Hearing Where Record Insufficient to Permit Review of State Prisoner’s Section 2254 Habeas Petition Alleging Ineffective Assistance of Counsel, March 15, 2024. Habeas Corpus, AEDPA, Sentence and Judgement, Failure to Consult/Investigate/Raise.
- Oregon Supreme Court Announces ‘Escape Clause’ of Postconviction Relief Statute’s SOL Applies to Severe Mental Impairments During Limitations Period, March 15, 2024. Habeas Corpus, Involuntary Treatment/Drugging, Civil Commitment, Tolling of Statutes of Limitations and Laches.