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Brady Violations Result in Habeas Relief for Pennsylvania Death Row Prisoner
Loaded on July 9, 2014
by David Reutter
published in Prison Legal News
July, 2014, page 34
Filed under:
Prosecutor/Attorney General Misconduct,
Habeas Corpus,
Death Row.
Location:
Pennsylvania.
Brady Violations Result in Habeas Relief for Pennsylvania Death Row Prisoner
by David Reutter
To correct a “grave miscarriage of justice,” Pennsylvania U.S. District Court Judge Anita Brody granted a writ of habeas corpus to a state prisoner and vacated his conviction and death sentence for a murder that “in ...
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More from this issue:
- Update on PLN Suit Against Nevada DOC
- Seventh Circuit: No Qualified Immunity for Diabetic Detainee’s Death, by Mark Wilson
- SEC Rejects CCA, GEO Group Shareholder Resolutions to Reduce Prison Phone Rates
- Administrators Fired at Privately-Run Texas Jail
- Systemic Changes Follow Murder of Colorado Prison Director, by John Dannenberg
- Prison Closures Cause Economic Turmoil
- Do Faith-Based Prisons Work?, by Alexander Volokh
- North Carolina Repeals Racial Justice Law
- North Carolina: Hundreds of Federal Prisoners Legally Innocent, Some Still Incarcerated, by Derek Gilna
- Seventh Circuit Admits Prisoner is Right but Denies Relief, Suggests Clemency
- New York Prisoner Awarded Sanctions for Spoliation of Evidence; Case Settles for $500,000, by Mark Wilson
- Judge May Resolve Exhaustion Issue; No Policy on Grievance Non-decisions Means Remedies Unavailable, by David Reutter
- Seventh Circuit Reverses Summary Judgment in Dental Care Suit, by David Reutter
- Prison Officials Liable for Private Employer ADA Violations, by Mark Wilson
- Habeas Petitioner Cannot Avoid Payment of Appellate Filing Fees, by Michael Brodheim
- Oregon Victim’s Right to Restitution Survives Prosecutor’s Statutory Violation, by Mark Wilson
- England, Increasing Number of States Allow Same-Sex Prisoner Marriages or Civil Unions
- Illinois $50 State’s Attorney Fee Applies Only to Habeas Proceedings, by Mark Wilson
- Flimsy Reasons for Prolonged, Frequent Lockdowns State Eighth Amendment Claim, by David Reutter
- BOP Grievance System Contributes to “Compliance or Defiance” by Prisoners, by Derek Gilna
- New York Jail Guard Sentenced for Sexually Abusing Seven Prisoners
- Brady Violations Result in Habeas Relief for Pennsylvania Death Row Prisoner, by David Reutter
- Kentucky Prisoner’s Due Process Rights Violated in Disciplinary Hearing, by Robert Warlick
- Jury’s Tasteless Gag Gifts to Judge and Bailiff Fail to Demonstrate Unfair Trial
- Prison Industries in India Compete in Open Market
- Visitors Fingerprinted at Alabama Prisons
- Two Murders in Seven Months at CCA-run Prison in Tennessee
- Decline in Arrests of Los Angeles County Probation Officers
- Louisiana Public Service Commission Considers Prison Phone Issues
- Ninth Circuit: Damages Required for Compelled Religious-Based Treatment, by Mark Wilson
- Eighth Circuit: No Qualified Immunity for Detainee’s Overdose Death, by Mark Wilson
- Prisoners Unlikely to Benefit from New, Highly Effective Hepatitis C Treatment, by Greg Dober
- Oregon Parole Board: “Don’t Have to Explain Nothing to Nobody”
- Preliminary Injunction Entered in PLN Censorship Suit Against Ventura County, California
- Bonnie Kerness: Pioneer in the Struggle Against Solitary Confinement, by Lance Tapley
- From the Editor, by Paul Wright
- News in Brief
- Two Corrections Chiefs Serve Time in Segregation, by Christopher Zoukis
More from David Reutter:
- Texas Court of Criminal Appeals Announces Order of Deferred Disposition Not a ‘Sentence’ Under Article 44.01(b)—Which Authorizes State to Appeal Illegal Sentence—Resolving Split Among State Courts of Appeals, April 15, 2025
- Fifth Circuit: Sentence Enhancement for Maintaining Drug Premises Not Satisfied Solely by Defendant’s Single, Conclusory Statement That He ‘Maintained’ Premises When Record Shows Mere ‘Use’ of Premises, April 15, 2025
- Illinois Pretrial Incarceration Becomes Less Random A Year After Elimination of Cash Bail, April 1, 2025
- Philadelphia Agrees to $9.1 Million Settlement for Wrongful Murder Conviction, Feb. 15, 2025
- ‘Fictional Pleas’ and ‘Hidden Departures’: Failure to Collect Data on Binding Federal Plea Bargains Hinders Researchers, Feb. 15, 2025
- First Circuit: Two-Level Enhancement Under § 3B1.1(c) for Leadership or Managerial Role Vacated Because Government Failed to Prove Defendant’s Order Was Actually ‘Obeyed’ by Fellow Criminal Participant, Feb. 15, 2025
- Texas Court of Criminal Appeals Holds Witness Wearing Surgical Mask During Pandemic Is Denial of Sixth Amendment Right to Face-to-Face Confrontation and No General Exception to This Right for Pandemic or ‘Other Global Events’ Such as Wars and Natural, Feb. 15, 2025
- The Murky Waters of Parole, Feb. 1, 2025
- California Prisoner Awarded Over $1.26 Million in Suit Challenging Withheld Legal Mail Which Resulted in Habeas Loss, Jan. 15, 2025
- Muslim New York Prisoner’s Free Exercise of Religion Claim Reinstated, Jan. 15, 2025
More from these topics:
- 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.
- Nebraska Supreme Court Spanks Attorney General, Orders Felons Be Allowed to Vote, March 1, 2025. Prosecutor/Attorney General Misconduct, Attorney Misconduct, Felon Disenfranchisement Statute.
- Arizona To Resume Executions, Feb. 15, 2025. Death Row, Lethal Injection Method of Execution.
- 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.
- 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.