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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 …
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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
- PLN Resolves Censorship Suit Against Oregon County Jail for $51,000 Plus Fees and Costs, by Alex Friedmann
- Seventh Circuit: Indiana Tolling Provision May Excuse Time-Barred Suit; Rule 12(b)(6) Dismissal Improper
- 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
- California Supreme Court: Cutting Through Fences May Not Constitute Attempt to Escape
- Ninth Circuit Requires Notice to Pro Se Prisoner Litigants for Motions to Dismiss for Failure to Exhaust
- 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:
- Federal Habeas Quick Reference Guide for State Prisoners, Sept. 1, 2026. Retroactivity, Habeas Corpus, AEDPA, Actual Innocence/Claim of Innocence, Cause and Prejudice.
- Sixth Circuit Holds Kentucky Deficient-Counsel Belated-Appeal Procedure Tolls Federal Habeas One-Year Limitations Period, Sept. 1, 2026. Limitations, Habeas Corpus, AEDPA, Failure to Preserve Challenge, Tolling of Statutes of Limitations and Laches.
- Formally Available, Rarely Granted: A State Prisoner’s Guide to Federal Habeas Relief, Sept. 1, 2026. Administrative Exhaustion, Habeas Corpus, Bureau of Prisons Orders, Administrative Law/Remedies, Evidence - Integrity/Reliability of, Tolling of Statutes of Limitations and Laches, Federal Rules of Evidence, Statute of Limitations.
- Eleventh Circuit Holds § 2255 Motion Not “Second or Successive” After Intervening Amended Judgment Corrected Unlawful Sentences, Even as to Claims Concerning an Undisturbed Count, Aug. 1, 2026. Habeas Corpus, AEDPA, Effect of Vacatur.
- SCOTUS Reverses Mississippi Capital Conviction, July 1, 2026. Racial Discrimination, AEDPA, Preservation of Appellate Rights/Issues, Jury Selection, Batson Claims.
- SCOTUS Holds Federal Habeas Court May Not Consider Post-Trial DNA Evidence That Was Never Presented to Jury When Assessing Whether False Informant Testimony Influenced Verdict, July 1, 2026. AEDPA, Perjury/Perjured Testimony, Evidence - Failure to Disclose, Brady/Giglio/Jencks Act Issues, Withholding of Exculpatory Evidence.
- SCOTUS Holds Mississippi Supreme Court Unreasonably Applied Batson and Unreasonably Found Waiver Where Trial Court Skipped Third Step of Inquiry, July 1, 2026. AEDPA, Preservation of Appellate Rights/Issues, Equal Protection Clause/Claims, Batson Claims, Bias/Discrimination.
- Eighth Circuit Dismisses Federal Prisoner’s Challenge to BOP Denying His Request for Expedited Transfer to Prerelease Custody, June 1, 2026. Release and Reentry, Habeas Corpus, First Step Act, Community Confinement/Home Detention, Credits.
- 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.

