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Sanctions Against Prisoner for Alleged “Frivolous” Habeas Petition Improper, Tenth Circuit Decides
Loaded on June 15, 2011
published in Prison Legal News
June, 2011, page 35
Sanctions imposed by an Oklahoma trial court on a state prisoner who filed a “frivolous” habeas petition were improper, the U.S. Court of Appeals for the Tenth Circuit held in an unpublished opinion.Alvin Parker is a frequent litigant in Oklahoma courts. Convicted of second-degree murder, Parker has unsuccessfully sought …
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More from this issue:
- States Scramble to Find Lethal Injection Drugs, by David Reutter
- Three Fulton County, Georgia Jail Guards Sentenced in Prisoner Abuse Investigation
- Blind Virginia Prisoner Settles Suit to Accommodate Disability
- From the Editor, by Paul Wright
- Wexford Enters Into Confidential Settlement in New Mexico Prisoner’s Death, by David Reutter
- Fire at Overcrowded Chilean Prison Kills Over 80 Prisoners, by Matthew Clarke
- Savings from North Carolina Prisoner Slave Labor Result in Additional Prison Beds, by David Reutter
- Uncollected Court Debts Piling Up in Tennessee
- New York Jury Awards Wrongfully Convicted Man $18.5 Million, but Court Grants Motion to Set Aside Verdict
- Ninth Circuit Upholds Washington’s “Two Strikes Law” for Repeat Sex Offenders
- Washington Prisoner Discovers Good Time Error; County Officials Admit and Correct Mistake, by David Reutter
- PHS and NY Jail Employees Have Conflict of Interest with Legal Representation
- Louisiana Sheriff Cages Suicidal Prisoners in Space Smaller than Required for Dogs
- $149,500 Settlement for Hawaiian Prisoner Denied Medical Care After Transport Accident
- Washington: Pierce County Jail Suit Ends After 15 Years
- Federal Courts Reject Leniency Pleas from Politically-Connected Defendants, by David Reutter
- Hopes Dashed for Criminal Defendants Facing Deportation in Virginia, by Derek Gilna
- Releasees from Rural Michigan Jail Frighten Neighbors on Long Walk Home
- Family of California Immigration Prisoner Who Died Due to Untreated Cancer Gets $3.68 Million, by Brandon Sample
- Uproar Over Background Checks for BP Oil Spill Workers Following Rape Allegation Against Sex Offender, by David Reutter
- Dozens of Israeli Prison Guards Die in Fire
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- Six Florida Jail Staff Arrested in Contraband Smuggling Probe, by David Reutter
- The Incarceration Capital of the U.S., by Jordan Flaherty
- U.S. Admits Infecting Prisoners, Mentally Ill Patients in Guatemala in 1940s, by Derek Gilna
- Los Angeles County Approves $444,000 in Settlements for Sexual Assaults by County Employees
- Controversy Involving North Carolina State Bureau of Investigation Crime Lab, by Matthew Clarke
- Ninth Circuit Rejects Challenge to BOP’s Implementation of Second Chance Act
- Federal Cell Phone Ban Becomes Law; California Bill Vetoed, then Re-Introduced, by Brandon Sample
- Sanctions Against Prisoner for Alleged “Frivolous” Habeas Petition Improper, Tenth Circuit Decides
- Texas Prison System Must Accommodate Hearing-Impaired Visitors, by Matthew Clarke
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- U.S. Deportations Set Record in 2010, by Derek Gilna
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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.

