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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:
- 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.
- SCOTUS Sides with Federal Prisoner in Habeas Review Case, March 1, 2026. Habeas Corpus, AEDPA, Mandatory Minimum Sentence, Statutory Construction/Interpretation, Predicate Acts/Offenses.
- SCOTUS Announces Federal Prisoners May Seek Certiorari Review of Authorization Denials Under § 2255(h) and Are Not Subject to § 2244(b)(1)’s Bar on Previously Presented Claims, Feb. 1, 2026. Habeas Corpus, AEDPA, Appealable Issues/Orders, Statutory Construction/Interpretation, Authority and Jurisdiction.
- California Court of Appeal: Trial Courts Have Inherent Authority to Correct Unauthorized Sentences at Any Time Without Habeas Petition, Jan. 1, 2026. Habeas Corpus, Possession or Use of Firearms, Sentences - Authorized, Sentences - Corrections or Modifications of, Effect of Vacatur.
- First Circuit Announces Modification of Juvenile’s Life-Without-Parole Sentence to Parole-Eligible Life Term Constitutes “New Judgment” Under AEDPA, Exempting Second-in-Time Habeas Petition From Gatekeeping Requirements, Jan. 1, 2026. Parole, Habeas Corpus, Life without Parole (LWOP), AEDPA, Juvenile Offenses/Offenders.
- Supreme Court of Maryland Announces Division of Correction Must Immediately Apply Time-Served Credit Against Valid Sentences When Convictions Are Vacated and May Not Toll Execution Pending Reprosecution; New Sentences Arising From New Convictions Take, Jan. 1, 2026. Habeas Corpus, Overdetention, Effect of Vacatur, Credits, Concurrent and Consecutive Sentences.
- Alabama Supreme Court Denies DOC’s Improper Venue Objection, Jan. 1, 2026. Defenses, Good Time, Habeas Corpus, Failure to Object, Authority and Jurisdiction.
- DOJ Leaves Louisiana Over-Detention Suit on Life Support, Two Others Granted Class-Action Status, Dec. 1, 2025. Class Certification, Habeas Corpus, Overdetention, Fourteenth Amendment, rights, Unlawful Detention.
- Maine Superior Court Order to Reform Public Defender System Paused on Appeal, Dec. 1, 2025. Indigent Defense, Injunctions, Habeas Corpus, Sixth Amendment, Counsel - Constructive denial of.
- First Circuit: District Court Abused Discretion by Sua Sponte Raising Statute of Limitations Defense to Habeas Petition After Respondents Had Intelligently “Waived” It by Being Aware of Availability but Failing to Assert It, Nov. 15, 2025. Defenses, Limitations, Habeas Corpus, Double jeopardy, Knowingly and Intelligently.