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Fifth Circuit: Special Parole Review Request Doesn’t Toll AEDPA Limitations

Loaded on Oct. 15, 2009 published in Prison Legal News October, 2009, page 6
Filed under: Limitations, Sentencing, Ex Post Facto, Parole, Habeas Corpus. Location: Texas.
The Fifth Circuit Court of Appeals held that improperly-filed state habeas corpus applications and requests to the parole board for special review do not toll the one-year AEDPA limitations period established by 28 U.S.C. § 2244(d).

Barry Michael Wion, a Texas state prisoner, filed a federal petition for writ of …

 

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  1. Texas Prisoners Still Dying in Houston Jails, Among Other Problems, by Gary Hunter
  2. From the Editor, by Paul Wright
  3. Fifth Circuit: Special Parole Review Request Doesn’t Toll AEDPA Limitations
  4. Megan’s Law Preempts Local New Jersey Sex Offender Ordinances
  5. “Habeas Hints”, by Kent A. Russell
  6. Perpetrators and Enablers of Torture in the US, by Corey Weinstein
  7. Maine Prison in Turmoil, by Lance Tapley
  8. Obama Promises Guantanamo Will Close and Torture Will End ... but When?, by Matthew Clarke
  9. Human Rights Watch Report Calls to Reform PLRA, by David Reutter
  10. Florida Prison Guards Fired, Suspended for Shocking Children with Stun Guns, by David Reutter
  11. Problems at Washington’s Civil Commitment Center Continue, by Matthew Clarke
  12. Southern California Jails Addicted to ICE Money, by Matthew Clarke
  13. CA Prison Medical Care Receiver: Three Top Officials Ousted, Controversial Building Plan Opposed, by Matthew Clarke
  14. California Sheriffs Appropriate Rehabilitation Funds for Security Needs, by Michael Brodheim
  15. Sacramento County Jail Settles Excessive Force Suit For $260,000
  16. Nebraska Prison Officials Must Pay Attorney’s Fees in Kosher Diet Case; Found in Contempt After Excrement Discovered in Prisoner’s Food, by Brandon Sample
  17. PLN Files Public Records Suit Against San Francisco County, Sheriff’s Office
  18. Columbia Jail Journal: The Compelling, Exclusive Inside Story of the Columbia Three, by James Monaghan, Brandon Press, 277 pages, by David Preston
  19. Florida DOC and Keefe Gouge Prisoners on Commissary Sales, by David Reutter
  20. $1.8 Million Settlement in Beating of Florida Jail Prisoner
  21. Pennsylvania Jail Mired in Scandal ... Again
  22. Montana, Michigan Towns Vie to Fill Prisons with Guantanamo Detainees
  23. $4.7 Million Settlement for Brain Damage Caused by Washington Jail Negligence
  24. Michigan Changes Overtime Rules; $4 Million Savings on Prison Budget
  25. Glomar Response to Prisoner’s FOIA Request Insufficient
  26. Texas Parole Board’s Hearing on Imposition of Sex Offender Conditions Inadequate, by Matthew Clarke
  27. PLN Prevails in Motion to Unseal Settlement in CCA Class Action FLSA Case
  28. $6 Million Settlement in Beating Death of California Detainee
  29. $500,000 Settlement for Fatal Beating of Phoenix Jail Prisoner, by Matthew Clarke
  30. Los Angeles County Agrees to Pay $7,000,000 to Beaten Juvenile Prisoner
  31. Ohio County Jail Agrees to Pay $75,000 For Locking Up Poor
  32. Small Amounts of Marijuana Not “Dangerous Contraband” Under New York Law, Court Rules
  33. Audit Finds California Parolees Sometimes Slip Through Bureaucratic Cracks
  34. Maryland Prisoners Make Flags
  35. Mississippi Prisoners Make Collect Call for Jesus
  36. Clerk Erred in Refusing to File Unsigned 28 U.S.C. § 2255 Motion
  37. Aramark Discontinues, Loses Prison Food Service Contracts, by David Reutter
  38. Injunction Against Missouri Sex Offender Halloween Restrictions Issued, Then Vacated, by Matthew Clarke
  39. Mentally Ill NC Prisoners Injured in Separate Incidents, by Gary Hunter
  40. $145,000 Settlement in Iowa Prisoner’s Self-Mutilation Mental Health Claim, by David Reutter
  41. Missouri DOC Permits Gift Books in Response to PLN Demand Letter
  42. Hawaii to Remove Prisoners from CCA Facility Over Abuse Charges, by Ian Urbina
  43. Military Psychologist Implicated in Abusive Interrogations, by David Reutter
  44. Indigent Connecticut Prisoners Entitled to Copies of Records Under FOIA Without Charge
  45. Duration of Confinement in Segregation Affects Due Process Inquiry
  46. Second Circuit Reinstates New York Jail Guard’s Excessive Force Conviction, by Matthew Clarke
  47. California: City Liable for $237,000 Hospital Bill for Prisoner’s Medical Care
  48. Oakland, CA Police Policy of In-Field Public Strip Searches Without Arrest or Warrant Found Unconstitutional
  49. Florida: For Sentence Calculation Purposes, Civil Commitment Detention Same as Jail Confinement
  50. District Court Erred in Sua Sponte Dismissal of Prisoner’s Challenge to Conditions of Confinement
  51. Florida Gain Time Law Application Violates Ex Post Facto Clause
  52. Ninth Circuit: Refusal to Allow Cross-Examination of Lab Technician Violates Due Process, by Brandon Sample
  53. Ohio Jail Officials Face Federal Charges, Investigation, by Brandon Sample
  54. BOP Warden Does Not Have Authority to Reduce Prisoner’s Sentence Under Rule 35(b), by Brandon Sample
  55. News in Brief:
  56. Oregon Illegal Detention Suit Settled for $30,000
  57. Sixth Circuit: Dismissal of Due Process and Equal Protection Claims Upheld; Exhaustion of Administrative Remedies Issue Remanded

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