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California Federal Judge Denies Habeas Petitions after Sitting on Them for Years
Loaded on Oct. 15, 2012
published in Prison Legal News
October, 2012, page 40
A federal judge’s treatment of prisoner habeas petitions gives new meaning to the old adage that justice delayed is justice denied. U.S. District Court Judge Percy Anderson, who was named to the federal judiciary in 2002 by President George W. Bush, has established a track record of allowing potentially meritorious …
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More from this issue:
- Solitary Confinement Subject of Unprecedented Congressional Hearing, by Alex Friedmann
- Solitary Confinement: Bad for Chimps, Okay for Humans?, by Lance Tapley
- California Female Prisoners Eligible for Early Release, but Disqualified Due to Lack of Local Rehabilitative Services
- From the Editor, by Paul Wright
- Ninth Circuit Judge Who Co-Authored “Torture Memos” Discloses Receipt of $3.4 Million in Legal and Consulting Help
- The Price to Call Home: State-Sanctioned Monopolization in the Prison Phone Industry, by Drew Kukorowski
- Ninth Circuit Holds CAFRA Attorney Fees Should be Paid to Claimant, not Attorney
- Fifth Circuit Holds Louisiana Prisons Can’t Ban Nation of Islam Newspaper
- New York Court Upholds Law Requiring Census Count to Use Prisoners’ Pre-Incarceration Address
- Texas Abolishes Last Meals for Death Row Prisoners, Reduces Weekend Meals, by Matthew Clarke
- Manhattan Prosecutor Who Moonlights as Dominatrix Suspended, Resigns, by Matthew Clarke
- Report Cites Rising Violence, Other Problems at Illinois Maximum-Security Prison, by David Reutter
- Private Prison Monopolies, by Christopher Petrella
- 46 California Prisoners Injured in Disturbance at CCA-run Oklahoma Facility
- Washington State Post-Judgment Interest Award Required when Judgment Increased by Appellate Court in Records Case
- Violence in Tennessee Prisons up 20 Percent Under New Commissioner, by Alex Friedmann
- Mug Shot Websites Based on Extortion Business Model, by David Reutter
- Advanced Criminal Procedure in a Nutshell, 2nd Ed., by Mark E. Cammack and Norman M. Garland (Thomson West, 2006). 505 pages, $38.00, by John Dannenberg
- Florida: Two Men Sentenced in Prison Canteen Kickback Scheme
- California Federal Judge Denies Habeas Petitions after Sitting on Them for Years
- California’s Experiment with Community Correctional Facilities Coming to an End?
- UTMB Challenges Texas State Audit, while Legislature Imposes $100 Prisoner Health Care Co-Pay, by Matthew Clarke
- Oregon Adopts 5% Prison Trust Fund Account “Service Fee”
- North Dakota Farmers Help Flush Out Escaped Florida Sex Offender
- New Hampshire Court Invalidates City’s Sex Offender Residency Ordinance
- Texas Compensates Exonerees Unequally, by Matthew Clarke
- Fourth Circuit Upholds North Carolina Sheriff’s Bribery Conviction
- Criminal Law in a Nutshell, 5th Ed., by Arnold H. Loewy (West Law School, 2009). 387 pages, $38.00, by John Dannenberg
- Former Delaware Prisoner Settles Sexual Assault Suit for $287,500 and Policy Changes, by Derek Gilna
- Eight Puerto Rican Prisoners Drown in Flooded Van
- Oregon Passes Legislation to Move Juveniles Out of Adult Jails
- Oregon Guard Shoots, Wounds Prisoner; Unreported Earlier Prisoner Murder Exposed
- News in Brief
More from these topics:
- 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.
- Ex-Wife of Minnesota DOC Commissioner Sentenced for Poisoning Attempt on Son, Dec. 1, 2025. Out of State Transfers, Sentencing, Conspiracies, Attempts, Solicitations, Confessions and Statements of Defendant, Plea Agreements/Guilty Pleas.
- 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.
- Texas Court of Criminal Appeals Announces Defendants on Appeal Bonds for Fine-Only Class C Misdemeanors Are “Restrained” for Purposes of Seeking Habeas Relief, Nov. 15, 2025. Habeas Corpus, Collateral Consequences, Pending Appeal/Sentencing, Statutory Construction/Interpretation, Authority and Jurisdiction.
- Eighth Circuit Announces § 2255 One-Year Limitations Period Begins to Run in Deferred-Restitution Criminal Case When Subsequent Amended Judgment Finalizes Amount, Nov. 15, 2025. Limitations, Habeas Corpus, Restitution, AEDPA.