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Habeas Hints: Certificate of Appealability
by Kent Russell
This column is intended to provide “habeas hints” to prisoners who are considering or handling habeas corpus peti-tions as their own attorneys (“in pro per”). The focus of the column is habeas corpus practice under AEDPA, the 1996 ha-beas corpus law which now governs habeas corpus practice ...
This column is intended to provide “habeas hints” to prisoners who are considering or handling habeas corpus peti-tions as their own attorneys (“in pro per”). The focus of the column is habeas corpus practice under AEDPA, the 1996 ha-beas corpus law which now governs habeas corpus practice ...
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More from this issue:
- Secret Justice: Criminal Informants and America’s Underground Legal System, by Alexandra Natapoff
- New Details Regarding Race Riot at USP Florence, by Brandon Sample
- From the Editor, by Paul Wright
- Dozens of CIA “Ghost” Detainees Unaccounted For, by Matthew Clarke
- ACLU Report Applauds Michigan’s Efforts to Reduce Prison Population, by David Reutter
- Report on Prison Privatization Plagued with Political Connections, Conflicts of Interest, Faulty Data
- Habeas Hints: Certificate of Appealability, by Kent A. Russell
- $315,000 Settlement in Illegal Arizona Police Strip Search
- Salt Lake County Agrees to Pay $75,000 to Settle Jail Suicide Suit
- 50,000 Illinois Felons Released Without DNA Collection
- California Jail Detainee Attacked by Cellmate, Family Accepts $1.85 Million, by Michael Brodheim
- Book Review: Anne-Marie Cusac, Cruel and Unusual: The Culture of Punishment in America, 336 pp, Yale University Press, $27.50, by Amy Vanderwarker
- Georgia’s Privatized Probation System Traps the Poor, by David Reutter
- Judge Finds Unconstitutional Conditions at Massachusetts Jail, 11 Years After Suit is Filed, by Brandon Sample
- Ninth Circuit: California Lifers Have No Inherent U.S. Constitutional Right to Parole, by John Dannenberg
- Report Details Societal Effects of High School Dropout Rates – Including Incarceration, by David Reutter
- $1,500 Settlement for Wisconsin Prisoner’s Cold Cell Conditions Claim
- California: Budget Cuts Target Rehabilitation Programs, by Michael Brodheim
- Pennsylvania Judges Involved in Corruption Case Face Liability; 5,000 Convictions Thrown Out, by David Reutter
- $2,750 Settlement in California Prisoner’s Denial of Exercise Claim
- Montana State and County Officials May be Liable for Injuries Caused by Private Prisoner Transport Company
- NACDL Releases Report on U.S. Drug and Mental Health Courts, by Matthew Clarke
- PLN Prevails in Public Records Suit Against GEO Group, by Alex Friedmann
- Fifth Circuit: RLUIPA Does Not Create Individual Capacity Cause of Action
- Virginia Sheriff Sentenced to 19 Months on Corruption Charges
- Prison Psychologist Shoots Ex-Prisoner Boyfriend, Loses Her License
- Georgia Jail Settles PLN Censorship Suit, Pays $149,759.21 in Damages, Attorney Fees
- Oregon Prison Officials Treat Heart Failure with Antacid, Tylenol, Heat Pack, by Mark Wilson
- BOP Agrees to Pay $30,000 to Prisoner Assaulted by Guards
- New Jersey: Class-Action Status Granted in Suit Challenging Conditions of Confinement at Passaic County Jail, by Michael Brodheim
- Oregon Youth Authority Warden Gives Agency a Black Eye
- U.S. Attorney Nominees Involved in Hiding Court Records, by David Reutter
- $60,000 Settlement in New York Jail Captain’s Assault on Prisoner
- California: Furloughing Prison Employees Costing Taxpayers More, by Michael Brodheim
- Sixth Circuit: Shy Bladder Suit Returned to District Court
- Florida Prisoner Exonerated by DNA After Serving 35 Years, by David Reutter
- Being in Unauthorized Jail Area Without Escape Intent Not a Crime in Indiana
- Fourth Circuit Holds Individual Capacity Damage Claims Unavailable Under RLUIPA
- Ninth Circuit Holds Prosecutors Immune for Parole Recommendations, by Mark Wilson
- New York Prisoner Gets Mixed Verdict in Retaliatory Beating Ruling
- Ninth Circuit: Race-Based Prison Lockdowns Must Satisfy Strict-Scrutiny Standard
- Federal Circuit Rejects Prisoner’s Claim of Copyright Infringement
- DC Circuit Reverses CCA/TransCor Non-Exhaustion Dismissal
- Summary Judgment Reversed in Illinois Jail Suicide Suit
- California: Indefinite Civil Commitment of Sexually Violent Predators May Violate Equal Protection
- Reversal of Summary Judgment on 55-Day New York SHU Placement Claim
- Mental Health Specialist May be Liable in California Jail Detainee’s Suicide
- New York’s Catch-All Contraband and Anti-Smuggling Rules Unconstitutionally Vague
- No Liberty Interest Under Utah Parole Scheme
- No Qualified Immunity for Excessive Force at Ohio Jail
- Sixth Circuit: RLUIPA Does Not Permit Monetary Damages
- Ineffective Attempts to Protect Texas Prisoner Were Sufficient
- No Qualified Immunity for Denial of Protective Custody to Ohio Prisoner
- Illinois: Disabled Detainees’ Discrimination Claims May Proceed to Trial
- New York City Jail: $275,000 Settlement in Prisoner-on-Prisoner Assault
- California: Prison Appeals Coordinator Who Rejected Dental Complaints Held Liable for $1,500 in Damages
- News in Brief:
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:
- 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.
- Ninth Circuit Grants Habeas Relief to California Prisoner on Napue Claim Because Prosecution Failed to Correct Informant’s False Testimony That He Did Not Receive Any Benefit In Exchange for His Testimony, Dec. 1, 2024. Informants, Habeas Corpus, Informants and Paid Witnesses, False Testimony.
- Public Defender Files Habeas Petitions for Detainees at “Horrific” Baltimore Lockup, Nov. 15, 2024. Failure to Treat, Conditions of Confinement, Hygiene Supplies, Disclosure of Records, Habeas Corpus.
- Ninth Circuit Denies Habeas Relief to Prisoner Who Invoked Fifth Amendment Right to Counsel During Custodial Interrogation but Made Incriminating Statements to Undercover Informant Posing as Fellow Prisoner Because Right to Counsel Not Violated, Nov. 1, 2024. Habeas Corpus, Custodial Interrogations/Statements, Counsel - Right to.
- Georgia Supreme Court Grants Habeas Where Defense Counsel Failed to Understand State Self-Defense Statute Provides Complete Defense to Felony Murder Based on Felon-in-Possession Charge, Oct. 1, 2024. Habeas Corpus, Felon in Possession Statute, Ineffective Assistance of Counsel, Murder/Felony Murder.
- Third Circuit Orders Evidentiary Hearing on State Prisoner’s Petition Seeking Federal Habeas Relief Because Both State and Federal Courts Denied Relief Without Holding Hearing on IAC Claim That, if Proven, Would Entitle Him to Relief, Aug. 1, 2024. Evidentiary Ruling, Habeas Corpus, Ineffective Assistance of Counsel, Counsel - Effective Assistance of.