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HABEAS HINTS – CALIFORNIA COMMENT Pace and Bonner: Avoiding and Fighting “Untimeliness” Rulings Under California Law
by Kent Russell
Recently, the interplay of two decisions, one from the U.S. Supreme Court and one from the Ninth Circuit, has created a potential minefield for California habeas corpus petitioners in the form of “untimeliness” rulings under California law, which can result in a federal court dismissing a petition ...
Recently, the interplay of two decisions, one from the U.S. Supreme Court and one from the Ninth Circuit, has created a potential minefield for California habeas corpus petitioners in the form of “untimeliness” rulings under California law, which can result in a federal court dismissing a petition ...
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More from this issue:
- Improbable Private Prison Scam Plays Out in Hardin, Montana, by Alex Friedmann
- Behind Montana Jail Fiasco: How Private Prison Developers Prey on Desperate Towns, by Justin Elliott
- From the Editor, by Paul Wright
- Private Prisons Don’t Make Better Prisoners, by Andrew L. Spivak
- Miami Sex Offenders Still Living Under Bridge; Lawsuits Fail to Solve Problem, by David Reutter
- Arizona Jail’s Medical Failures Due to Inadequate Record Keeping, Understaffing, by Matthew Clarke
- HABEAS HINTS – CALIFORNIA COMMENT Pace and Bonner: Avoiding and Fighting “Untimeliness” Rulings Under California Law, by Kent A. Russell
- GPS Used to Track Sex Offenders in Washington State, by Matthew Clarke
- Secret Red Cross Report Reveals Medical Personnel Collusion in CIA Torture, by Matthew Clarke
- Florida Law Enforcement Officials on the Wrong Side of the Law, by David Reutter
- Increasing Number of Prisoners Obtain Access to Email, by Brandon Sample
- LULAC Returns CCA Donation, by Matthew Clarke
- Rape Victim and Family of Exonerated Man Who Died in Prison Become Activists, by Matthew Clarke
- New Jersey DOC Report: Megan’s Law Costly and Ineffective, by Matthew Clarke
- Pennsylvania Prison Porn Ban Improperly Promulgated, but Not Unconstitutional
- Electronic Court Records Permissible in Florida, but Restricting Disclosure is Not
- $100 Million Settlement in Michigan Prisoners’ Sexual Abuse Suit, by David Reutter
- $2.7 Million Settlement for Oklahoma Double Leg Amputee Jail Prisoner
- Violence Against Blacks Decreases In The U.S., by Gary Hunter
- $750,000 Settlement in Chicago Jail Mass Beating Suit
- Oklahoma Lawmen Charged with Sundry Crimes, by Mark Wilson
- Prison, Jail and Law Enforcement Corruption Continues in Georgia, by David Reutter
- Catholic Mass and Sacraments Made Available to Louisiana’s Death Row
- Nearly 15,000 California Prisoners Held in Long-term Isolation, by Michael Brodheim
- PLN Associate Editor Attends ACA Conference
- $2.2 Million Settlement: Murder by Washington State Community Service Releasee
- Michigan’s Prison Industries Mismanaged and Unprofitable, by David Reutter
- Mental Illness Prevalent Among County Jail Prisoners, Especially Women, by Gary Hunter
- Judges: Umpires They Are Not, by Brandon Sample
- AMA Study Finds Link Between Confinement and Hypertension
- Class Action Alleging Unconstitutional Michigan Indigent Defense System Survives Summary Judgment
- Massachusetts Man’s Estate Resolves Wrongful Conviction Suit for $14.1 Million, by David Reutter
- $91,059.83 in Damages, Fees and Costs Awarded to Alabama Prisoner Beaten by Guard
- Former Alabama Judge Acquitted of Paddling, Sexually Abusing Jail Prisoners, by Mark Wilson
- $16.5 Million-Plus Settlement in Oklahoma City False Conviction Case, by Matthew Clarke
- Eight More Prison Closures in Michigan
- Ohio Prison Employees Involved in Improper Relationships, Drug Smuggling, Sexual Misconduct, by Mark Wilson
- 4,000 Kenyan Death Sentences Commuted to Life, by Matthew Clarke
- California Struggles to House Sex Offenders, by Michael Brodheim
- $150,000 Settlement in Tennessee Jail Beating
- News in Brief:
- Federal Prison Employees Convicted of Stealing Prisoners’ Meds, by Gary Hunter
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.