×
You've used up your 3 free articles for this month. Subscribe today.
Habeas Hints: Actual Innocence
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 ...
Full article and associated cases available to subscribers.
As a digital subscriber to Prison Legal News, you can access full text and downloads for this and other premium content.
Already a subscriber? Login
More from this issue:
- Prison Rape Elimination Act Standards Finally in Effect, but Will They be Effective?, by Alex Friedmann
- Prisoners Raped and Sexually Abused While PREA Standards Pending
- U.S. Supreme Court Denies Stay of California Prisoner Release Order
- From the Editor, by Paul Wright
- Employee Disciplinary Problems Persist at Houston Jails, by Matthew Clarke
- How Privatization Destroyed an Illinois Jail's Award-winning Suicide Prevention Program, by Brian Dolinar
- Missouri: Arrestees Billed for Cost of Police Tasers, by Christopher Zoukis
- High-Tech, High-Risk Forensics, by Osagie K. Obasogie
- The Americans with Disabilities Act and Prisoners, by Thomas Weiss
- Michigan County Sanctioned for Defrauding Federal Court in Prisoner Death Case, by David Reutter
- Solitary Confinement for Death Row Prisoners a Blot on U.S. Justice System, by Derek Gilna
- Oklahoma’s DNA Law Means Post-Conviction Testing Available in All 50 States, by Christopher Zoukis
- Habeas Hints: Actual Innocence, by Kent A. Russell
- Second Circuit Establishes Property Seizure Standards for Civilly Committed Persons
- 500 Escape from Abu Ghraib and Taji Prisons in Iraq, by Christopher Zoukis
- Illinois DOC’s Failure to Accommodate Disabled Prisoners States Rehabilitation Act Claim
- Seventh Circuit: Indiana Tolling Provision May Excuse Time-Barred Suit; Rule 12(b)(6) Dismissal Improper
- PLN Resolves Censorship Suit Against Oregon County Jail for $51,000 Plus Fees and Costs, by Alex Friedmann
- After Ten Years, FCC Votes for Prison Phone Reforms!, by David Ganim
- First Circuit: Rejection of Settlement Offer Does Not Justify Defendants’ Attorney Fee Award
- Pennsylvania: Parole Board May Expound on Court-ordered Probation Conditions
- Washington Community Custody, Sex Offender Registration and Release Conditions Modified
- Seventh Circuit Retires “De Minimis” Standard for Use of Physical Force
- New Mexico Prison Doctor Fingered in Lawsuits
- Minnesota: Remedies for Civil Commitments are Limited
- Qualified Immunity for NY Prison Officials who Failed to Award Parole Jail Time
- Wrongful Immigration Detention Suit Reinstated by Second Circuit, Dismissed on Remand, by Derek Gilna
- Ninth Circuit Requires Notice to Pro Se Prisoner Litigants for Motions to Dismiss for Failure to Exhaust
- California Supreme Court: Cutting Through Fences May Not Constitute Attempt to Escape
- Seventh Circuit Upholds CCA’s Victory in Indiana Jail Conditions Suit
- California: Victim’s Post-Death Economic Losses Not Subject to Mandatory Restitution
- Second Circuit: No Social Security Payments for Prisoners
- 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:
- On Remand, Eleventh Circuit Clarifies, Affirms Grant of Habeas Relief to Death Row Prisoner, Aug. 1, 2025. Habeas Corpus, Death Penalty, Death Row.
- Fifth Circuit Announces When Initial § 2255 Petition Not Decided on Merits and Appeals Court Later Recalls Mandate Dismissing Direct Appeal and Affirms Conviction, Subsequent § 2255 Petition Not ‘Second or Successive’ Under AEDPA, Aug. 1, 2025. Habeas Corpus, AEDPA.
- Fourth Circuit Announces Counterman v. Colorado Is New Rule of Constitutional Law That Applies Retroactively to Cases on Collateral Review and Grants Authorization to File Successive § 2255 Motion, July 1, 2025. Rehabilitation/Recidivism, Habeas Corpus, Threats.
- Arguing Successful Federal Habeas Corpus Claims, June 1, 2025. Habeas Corpus, Sixth Amendment, Ineffective Assistance of Counsel.
- Ninth Circuit Grants Stay and Abeyance of Federal Habeas Petition to Allow Petitioner to Exhaust State Remedies, April 15, 2025. Administrative Exhaustion (PLRA), Habeas Corpus, AEDPA, Amendments to Petition.
- 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.