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Habeas Hints: Staring Down the Two-Headed Monster: Richter-Pinholster
by Kent Russell
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 the Antiterrorism and Effective Death Penalty Act (AEDPA), the federal habeas corpus law which now governs habeas corpus ...
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 the Antiterrorism and Effective Death Penalty Act (AEDPA), the federal habeas corpus law which now governs habeas corpus ...
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More from this issue:
- The Too-Many Prisoners Dilemma, by Dan Froomkin
- From the Editor, by Paul Wright
- Texas Judges Rarely Disciplined, Seldom Publicly, by Matthew Clarke
- Habeas Hints: Staring Down the Two-Headed Monster: Richter-Pinholster, by Kent A. Russell
- The Real Costs of Incarceration in the United States
- Attorney Fees Not Exempt from Disclosure Under California Public Records Act
- PLN Files Censorship Suit Against Nevada DOC
- Traumatic Brain Injury Rate High Among Prisoners, by Matthew Clarke
- Debtors' Prisons Returning to America, by David Reutter
- Hell on Earth: Sexual Victimization of the Criminally Insane, by David Rosen
- China Vows to Finance Incarceration with Public Funds, Not Prison Profits
- Oregon Considers Subsidizing Prison Medical Costs Through Medicaid
- PLN Challenges Postcard-only Policy at Tennessee Jail
- Federal Justice Grants Favor Prosecution, Law Enforcement Over Indigent Defense
- Texas Prison Population Drops but Savings Evaporate, by Matthew Clarke
- Federal Prisoners Paid During Government Shutdown, but Not Prison Guards, by Derek Gilna
- Minnesota Judge Condemns System that Jails Mentally Ill
- GEO Group Pulls out of Mississippi Prisons, by David Reutter
- Gun Found in Segregation Cell at Privately-operated Mississippi Prison
- New York City Jail Chaplain Fined for Accepting Bribe, Pleads Guilty to Fraud Charges
- New Exonerations Registry Catalogs Over 2,400 Wrongful Convictions
- New Hampshire Supreme Court Revives Prisoner's Negligence Action
- Book Review: Against Their Will: The Secret History of Medical Experimentation on Children in Cold War America, by Christopher Zoukis
- Prisoners in Texas Jail Providing Less Slave Labor
- Second Circuit: Bankruptcy Automatic Stay is No Excuse for Non-payment of Restitution, by Derek Gilna
- Third Circuit Reverses More Stringent Conditions of Supervised Release, by Derek Gilna
- Best Criminal Defense Pleading Ever!, by Alex Friedmann
- Connecticut Supreme Court Reverses FOIA Disclosure of NCIC Printout
- California: No-Gang-Contact Probation Condition Struck Down
- Four West Virginia Officials, including Circuit Court Judge, Face Federal Charges, by Christopher Zoukis
- Ninth Circuit: Adam Walsh Detention Doesn’t Toll Term of Supervised Release, by Derek Gilna
- Eighth Circuit Upholds North Dakota Transient’s Failure-to-Register Conviction
- U.S. Department of Justice Reports Statistics on State Prosecutors, by Matthew Clarke
- California: Enhanced Presentence Conduct Credits Not Available to Defendants Who Committed Crimes Before Statute’s Effective Date
- Philippines Prison Suspends Thriller Dancers
- California: State Not Liable for Failure to Provide Needed Treatment so Long as Medical Care is Summoned
- ICE Directive May Limit Solitary Confinement of Immigrant Detainees, by Derek Gilna
- Denial of Contraceptive Pill to Prisoner States Cause of Action
- Anonymous PREA Hotlines Not So Anonymous
- Montana Jail Fresh Air/Exercise Lawsuit Certified as Class Action, Then Settles
- D.C. Circuit Clears Terrorism Suspect after 11-Year Ordeal, by Derek Gilna
- Audit Reveals Federal Prison Industries Faces Declining Revenue, Job Losses, by Derek Gilna
- Fifth Circuit: No Right to RDAP for Non-citizen Federal Prisoner
- Prison Sentence Imposed for Sole Purpose of Drug Treatment Vacated by Eighth Circuit, by Derek Gilna
- Court Baffled by BOP's Steel-toe Boot Requirement for Prisoners, by Derek Gilna
- 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 Clarifies It Had Already Been ‘Clearly Established Federal Law’ in 2004 for Purposes of AEDPA That Evidence at Trial Can Be So Prejudicial as to Violate Due Process, March 15, 2025. AEDPA, Denial of Due Process.
- How to Take Your Postconviction Case Directly to the U.S. Supreme Court: A Roadmap to Direct Collateral Review, March 15, 2025. AEDPA, Collateral Order Exception.
- 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.
- Federal Habeas Corpus for State Prisoners: Proving Unreasonableness Under AEDPA, Feb. 1, 2025. AEDPA, Procedural Reasonableness, Reasonableness of Sentence.
- 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.