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Habeas Hints: Expert Testimony in Habeas Cases
Loaded on Aug. 15, 2011
by Kent A. Russell
published in Prison Legal News
August, 2011, page 14
by Kent Russell
Filed under:
Commentary/Reviews,
Resources,
Habeas Corpus,
AEDPA.
Location:
United States of America.
This column provides “Habeas Hints” to prisoners who are considering or handling habeas corpus petitions as their own attorneys (“in pro per”). The focus of the column is on habeas corpus under AEDPA, the 1996 habeas corpus law which now governs habeas corpus practice in federal courts …
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More from this issue:
- Prison Legal News Interviews Former Prisoner and Famous Actor Danny Trejo, by Paul Wright
- Illinois Federal Court Denies Prisoner Release Order at Cook County Jail, by Derek Gilna
- From the Editor, by Paul Wright
- Treasury Department Finds Prisoners’ Fraudulent Tax Returns Taxing, by Derek Gilna
- Prosecutors Who Commit Misconduct Are Rarely Disciplined, by Matthew Clarke
- Habeas Hints: Expert Testimony in Habeas Cases, by Kent A. Russell
- Idaho: Prison Doctor’s Treatment Fell Below Standard of Care, by David Reutter
- California DOC Complies With Population Reduction Order in Plata v. Brown, by John Dannenberg
- Ninth Circuit Reverses Grant of Injunctive Relief in Ex Post Facto Challenge to Marsy’s Law, by Michael Brodheim
- Habeas Unavailable for Federal Prisoners’ Medical Claims
- State Secrets Doctrine Requires Dismissal of Suit Involving CIA Torture Flights
- Merger Creates Largest Private Prison Medical Provider in U.S., by David Reutter
- $4,000 Settlement for Arkansas Prisoner Pepper Sprayed by Guards
- Virginia DOC Settles Lawsuit to Improve Communication for Deaf Prisoners
- U.S. Supreme Court: No Monetary Damages Against States Under RLUIPA
- Placement in Maximum Security Facility May Trigger Due Process Protections; Religious Diet Claims Remanded
- $1.2 Million Awarded Against PHS After Florida Jail Prisoner Paralyzed
- Fifth Circuit Vacates Dismissal of Habeas Challenge to Texas Parole Changes
- Report Finds Prior Incarceration Hinders Upward Economic Mobility, by Matthew Clarke
- California Prisoners Still Forced to Drink Arsenic-Laced Water, by David Reutter
- Judge Rejects Challenge to BOP’s Special Administrative Measures, by Brandon Sample
- Supreme Court Allows § 1983 Challenge to Texas Post-Conviction DNA Testing Law
- Washington Supreme Court Upholds Decision Against State Attorney General for Failure to Comply with Public Records Act
- Provision in Florida Law Prohibits Compensation to Wrongfully Convicted, by David Reutter
- U.S. Supreme Court Overturns Wrongful Conviction Suit Against New Orleans DA, Vacates $14 Million Judgment, by Derek Gilna
- Oklahoma Gladiator Discipline Results in Prisoner’s Death
- Ohio Prison Industry Cranks Out Crappy Toilet Paper, by David Reutter
- U.S. Department of Justice Seeks $28.2 Billion Budget
- Prison Records Officer Entitled to Qualified Immunity; No Evidence of Deliberate Indifference to Sentencing Errors, by Mark Wilson
- Washington Prison Guards Sue Prisoners, by Brandon Sample
- $17.5 Million Verdict for Diabetic Prisoner in New York
- Louisiana Attorney Permanently Disbarred but Not Criminally Charged for Pimping Child to Jail Prisoners, by David Reutter
- Insider Trading Charges Against Private Prison Consultant Rejected, by David Reutter
- Voting Rights Must Be “Earned” Back, Says Iowa Governor, by Brandon Sample
- Hawaii State Auditor Blasts Private Prison Contracting; State Renews Contract Anyway
- New York Prisoners Man Call Centers
- Fifth Circuit Upholds $355,000 Award Against Dallas County in Jail MRSA Case
- Federal Court Dismisses PLN’s Texas Prison Censorship Suit; Appeal Pending
- State Ordered to Reimburse Prisoner Who Was Not Allowed to Complete College Classes
- Texas Prison Phones and Emails Generate Less Revenue Than Expected
- Washington State Regulatory Agency Finds AT&T Failed to Disclose Prison Collect Call Rates, by Brandon Sample
- American “Corrections”, by Mumia Abu-Jamal
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- Los Angeles Jail Guards Beat Prisoner in Front of ACLU Monitor, by David Reutter
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- Illinois Prison Guards Scam Workers’ Comp, by Brandon Sample
- Seventh Circuit: Court May Not Revoke Supervised Release via Videoconference, by Matthew Clarke
- Big Win for Open Government in Vermont Legislature: Attorney Fees Now Mandated for Prevailing Plaintiffs in Public Records Lawsuits, by Allen Gilbert
- Ninth Circuit Upholds Arizona’s Felon Disenfranchisement Law, by David Reutter
- $450,000 Settlement in Alabama Jail Prisoner’s Death, by David Reutter
- 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:
- 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.
- Ninth Circuit Grants Equitable Tolling Under AEDPA Where Attorney Abandoned Prisoner by Failing to Communicate for Nine Months and Prison Officials Delayed Processing Filing Documents, Dec. 15, 2025. Attorney Misconduct, Legal Materials, Law Library Access/Adequacy, Limitations, AEDPA.
- 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.

