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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
- Secret Red Cross Report Reveals Medical Personnel Collusion in CIA Torture, by Matthew Clarke
- GPS Used to Track Sex Offenders in Washington State, 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
- Rape Victim and Family of Exonerated Man Who Died in Prison Become Activists, by Matthew Clarke
- LULAC Returns CCA Donation, by Matthew Clarke
- Pennsylvania Prison Porn Ban Improperly Promulgated, but Not Unconstitutional
- New Jersey DOC Report: Megan’s Law Costly and Ineffective, by Matthew Clarke
- 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
- $750,000 Settlement in Chicago Jail Mass Beating Suit
- Violence Against Blacks Decreases In The U.S., by Gary Hunter
- 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
- Mental Illness Prevalent Among County Jail Prisoners, Especially Women, by Gary Hunter
- Michigan’s Prison Industries Mismanaged and Unprofitable, by David Reutter
- AMA Study Finds Link Between Confinement and Hypertension
- Judges: Umpires They Are Not, by Brandon Sample
- 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
- Ohio Prison Employees Involved in Improper Relationships, Drug Smuggling, Sexual Misconduct, by Mark Wilson
- Eight More Prison Closures in Michigan
- California Struggles to House Sex Offenders, by Michael Brodheim
- 4,000 Kenyan Death Sentences Commuted to Life, by Matthew Clarke
- $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:
- 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.