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Judges: Umpires They Are Not
U.S. Supreme Court Chief Justice John G. Roberts famously said during his confirmation hearing that judges are like umpires, each calling balls and strikes as they come. But is that really a fair comparison? “Batters” like Kevin Phelps and other prisoners who are fighting their criminal cases will tell you …
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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 Brandon Sample:
- Q&A: Ineffective Assistance of Counsel: Which Errors Are Worth Pursuing?, April 12, 2019
- Guilty Plea Does Not Foreclose Challenge To Constitutionality Of Conviction, U.S. Supreme Court Decides, April 19, 2018
- U.S. Supreme Court Rejects Habeas Relief Citing AEDPA Deference, Dec. 19, 2017
- Maryland Ban on Prisoner's Book Rescinded, Aug. 23, 2016
- Former BOP Guard Convicted In Murder-For-Hire Scheme, Aug. 22, 2016
- Second BOP Guard Convicted In Assault-For-Hire, Aug. 22, 2016
- BOP Dentist Gets Slap On The Wrist for Sex Abuse, Aug. 22, 2016
- Cook County Jail Agrees to Improvements, April 15, 2013
- No More Than 20 Percent Can Be Deducted To Pay Filing Fees, April 15, 2013
- Heck Does Not Apply to Released Prisoner Seeking Damages for Sentence Miscalculation, April 15, 2013
More from these topics:
- 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.
- Arguing Successful Federal Habeas Corpus Claims, June 1, 2025. Habeas Corpus, Sixth Amendment, Ineffective Assistance of Counsel.
- 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.