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California: Qualified Attorney Work-Product Protection Applies to Discovery During Habeas Proceedings
Loaded on March 4, 2020
by Douglas Ankney
published in Prison Legal News
March, 2020, page 34
Filed under:
Habeas Corpus.
Location:
California.
by Douglas Ankney
In October 2, 2019, the California Court of Appeal for the Second Appellate District ruled that the qualified attorney work-product protection doctrine applies in habeas corpus proceedings. In 1997, a jury convicted Samuel Zamudio Jimenez of two counts of murder and sentenced him to death.
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More from this issue:
- News in Brief
- Public Relations Firm Terminates Contract With GEO Group, by Scott Grammer
- PLN Awarded Injunction in Arizona Prison Censorship Suit, by David M. Reutter
- $10 Million Post-Appeal Settlement in Oklahoma Jail Prisoner Death Suit, by Matthew Clarke
- $850,000 Settlement in Florida DOC Prisoner’s Gassing Murder, by David M. Reutter
- Get Celebrity Endorsement and Get Pardoned, by Douglas Ankney
- 18-Month Prison Sentence for Former Alabama Sheriff in Food Bank Scam, by David M. Reutter
- Court Holds Federal Tort Claim Against BOP Can Proceed in MCC Beating Death, by Kevin Bliss
- Sacramento County Jail Settles Solitary Confinement Class Action Suit, by Scott Grammer
- Santa Rita Sheriff’s Office Says Prisoners Not Being Maltreated; Prisoners’ Protest Says Otherwise, by Kevin Bliss
- Most States Saw Criminal Justice Reforms in 2019, But Incarceration Rates Remain High, by Victoria Law
- $250,000 Settlement in Assault Upon Luzerne County Detainee, by David M. Reutter
- $550,000 Settlement in Nationwide Class-Action Lawsuit Over High-Fee Debit Cards, by Matthew Clarke
- $300,000 Settlement in Lincoln County Missouri Jail Attempted Suicide Suit, by Chad Marks
- Report Decries Ongoing Inadequate Medical Care for Pregnant Arizona Prisoners, by Matthew Clarke
- Veteran Dies After Beating by Guards at North Carolina Jail, by David M. Reutter
- Senator Warren Has Plan To Ban Private Prison Contracts, by Scott Grammer
- Fulton County Ordered to Clean Up Repulsive Jail Conditions for Mentally Ill Women, by David M. Reutter
- Florida Prison Isolation Suit Survives Dismissal Stage, by David M. Reutter
- Alabama Jail Guards Face Liability for Inaction to Methadone Withdrawal Symptoms, by David M. Reutter
- Riots At South Carolina Prison Spark Wave of Lawsuits, by David M. Reutter
- $12.6 Million Jury Award for Man Denied Medical Care Before Jailed, by David M. Reutter
- “Free” E-Tablets Are Anything But, by Edward Lyon
- Federal Prisoner to Receive Opioid Addiction Medication While Incarcerated, by Kevin Bliss
- Cook County Jail’s Three Book Possession Policy Constitutional, by David M. Reutter
- $150,000 Settlement for Opioid Withdrawal Death in Indiana County Jail, by Anthony W. Accurso
- Michigan Finding Success With More Humane Treatment of Mentally Ill Prisoners, by David M. Reutter
- Court Confirms Pennsylvania Prisoner’s Sentence in Tobacco Contraband Case, by David M. Reutter
- Suicide or Murder? Jeffrey Epstein’s Death Still Drawing Attention to Bureau Inadequacies, by Anthony Accurso
- Long-running Maricopa County, Arizona Jail Lawsuit Ends, by Edward Lyon
- Seventh Circuit Upholds Prison Guard’s Rape Convictions, But County Not Liable, by Scott Grammer
- Report Published on Louisiana’s Extensive Use Of Solitary Confinement, by Scott Grammer
- Guard Who Failed to Prevent Escape Entitled to Qualified Immunity, by David M. Reutter
- States Rush to End Prison Gerrymandering Before Districts Are Set For Another 10 years, by Aleks Kajstura
- Court Grants Bail to Ex-Peruvian President Challenging Extradition Due to Solitary Confinement, by Dale Chappell
- California: Qualified Attorney Work-Product Protection Applies to Discovery During Habeas Proceedings, by Douglas Ankney
- Oklahoma Commutations Largest Mass Release in U.S. History, by Kevin Bliss
- States Move for True Second Chance Opportunities, by Kevin Bliss
- Death Highlights Need for Change in Texas GEO-Run Prison, by Kevin Bliss
- Seventh Circuit Upholds Denial of Wisconsin Prisoner’s Request to Marry Psychologist, by Edward Lyon
- Federal Court Orders Videophone Access for Deaf Prisoners in Colorado, by Matthew Clarke
- Hawaii Prisoners Rebel Over Prison Conditions, Fined For Damages, by Kevin Bliss
- $200,000 Settlement in Lawsuit Over Louisiana Jail Guard Sexually Abusing Juvenile, by David M. Reutter
- Pennsylvania GEO-Run Jail Boss Resigns After Media Reveals Complaints of Racism, Abuse at Private Prison, by David M. Reutter
- Louisiana Sheriff Re-Elected Despite Prisoner Death Toll, by Jayson Hawkins
- Major Prison Health Care Companies Funnel Campaign Contributions to Sheriffs, Get Rewards, by David M. Reutter
- $2.5 Million Settlement Over Prisoner’s Restraint Death in Houston, Texas Jail, by Matthew Clarke
- Neither Fines Nor Lawsuits Deter Corizon From Delivering Substandard Health Care, by Matthew Clarke
- $1.15 Million Settlement in Pennsylvania Prisoner’s Asthma Death, by David M. Reutter
- It’s Time For the Feds To Fund College Education For Prisoners, Again, by Anthony W. Accurso
- Oregon Lawmakers Prohibit Prison and Jail Telephone Kickbacks, by Mark Wilson
- Biden’s Current Prison Reform Stance Counter to His Abysmal Record, by David M. Reutter
- From the Editor, by Paul Wright
- Lethal Prison Electric Fences May Violate International Law, by Matthew Clarke
- Inside the US Marshals’ Secretive, Deadly Detention Empire, by Seth Freed Wessler
More from Douglas Ankney:
- The Dramatic Increase in the Elderly Prison Population Is Fiscally and Morally Irresponsible, Oct. 1, 2026
- Second Circuit Vacates Above-Guidelines Firearm-Trafficking Sentence Based on Failure to Assist Law Enforcement and Unexplained Reliance on Factors Already Included in Guidelines Range, Sept. 1, 2026
- Ninth Circuit Reverses Convictions, Holding Requirement That Defendant Testify Before Displaying Hand Tattoos Violates Fifth Amendment, Sept. 1, 2026
- Ohio Supreme Court Announces Postconviction DNA-Testing Orders Need Only Identify Statutory Reason to Satisfy R.C. 2953.73(D) “Reasons” Requirement, Sept. 1, 2026
- Idaho Legislature Moves to Hide Execution Protocol from Judicial Scrutiny, Sept. 1, 2026
- Federal Court Upholds Consultants’ Finding that Oklahoma Is Not Honoring Its Consent Decree to Provide Mental Health Treatment, Sept. 1, 2026
- BOP Denies Providing Substandard Dialysis Treatment Despite Prisoners’ Deaths, Court Filings, Understaffing and Lack of Oversight, Sept. 1, 2026
- New Jersey Court Rules That Denial of Transgender Prisoner’s Transfer Request Violates Neither Discrimination Law nor Equal Protection Clause, Sept. 1, 2026
- New Jersey Supreme Court Orders Plenary Hearing Before Special Adjudicator on Reliability of Fingerprint Evidence, Holding Century of Judicial Acceptance Did Not Satisfy Trial Court’s Gatekeeping Obligation Under N.J.R.E. 702, Aug. 1, 2026
- En Banc Eleventh Circuit Announces All Parents, Including Those Convicted of Child-Sex Offenses, Enjoy Fundamental Right to Live With Their Children, Holding Alabama Residency Prohibition Subject to Strict Scrutiny, Aug. 1, 2026
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.
- 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.
- SCOTUS Announces Federal Prisoners May Seek Certiorari Review of Authorization Denials Under § 2255(h) and Are Not Subject to § 2244(b)(1)’s Bar on Previously Presented Claims, Feb. 1, 2026. Habeas Corpus, AEDPA, Appealable Issues/Orders, Statutory Construction/Interpretation, Authority and Jurisdiction.
- 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.

