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SCOTUS Kills Condemned Ohio Prisoner’s Effort to Secure Evidence of Mental Impairment to Bolster Habeas Petition
Loaded on Sept. 30, 2022
by Benjamin Tschirhart
published in Prison Legal News
October, 2022, page 30
by Ben Tschirhart
On June 21, 2022, the U.S. Supreme Court held that cases involving medical transport orders for prisoners seeking evidence of mental impairment to bolster a habeas corpus petition are now among those immediately appealable and do not have to await final judgment.
The Court customarily doesn’t rule ...
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More from this issue:
- Looking Deep Inside America’s Legalized Torture Chambers, by Mark Wilson
- From the Editor, by Paul Wright
- Federal Prisoners Finally Receiving Benefits 42 Months After First Step Act Became Law, by Casey Bastian
- New York Prisoner’s Suit Over Thirteen-Year Solitary Stint Survives, by David Reutter
- SCOTUS Sides With Condemned Georgia Prisoner Who Wants To Be Executed by Firing Squad, by David Reutter
- Alabama Prisoners Continue to Die at Alarming Rate, More Than One Every Week in 2022, by Jo Ellen Nott
- Death and Inhumane Living Conditions Persist in Nation’s Worst Jail, by Kevin Bliss
- Third Circuit Holds Consent of All Parties to Magistrate Judge Jurisdiction Required Before Judgment Against Pennsylvania Prisoners, by Mark Wilson
- New Florida Law Shrouds Executions in Secrecy, by Kevin Bliss
- SCOTUS Lets “State Secrets” Privilege Bar CIA Contractor Testimony About Torture Already Publicly Known, by Mark Wilson
- ACLU Pries Loose Employment Record of New Hampshire Trooper Who Detained Woman on Falsified Evidence, Leading to $237,500 Settlement, by Matthew Clarke
- SCOTUS Kills Condemned Ohio Prisoner’s Effort to Secure Evidence of Mental Impairment to Bolster Habeas Petition, by Benjamin Tschirhart
- Prison Profiteer Is Using Sandra Bland’s Death to Sell Surveillance Technology, by Brian Dolinar
- $3.75 Million Settlement for Estate of Washington Prisoner Who Died From Untreated Breast Cancer, by David Reutter
- Idaho Provides Nation’s Second Gender Confirmation Surgery for Transgender Prisoner, by Mark Wilson
- $2.45 Million Paid by Wellpath and Macomb County, Michigan, After Detainee’s Withdrawal Death in Jail, by Benjamin Tschirhart
- After $90,000 Settlement for Sexual Abuse of Oregon Juvenile Detainee, Second Suit Filed Against Now-Imprisoned Former Youth Counselor, by Chuck Sharman
- Dark, Smoky Cells: As Wildfires Threaten More Prisons, the Incarcerated Ask Who Will Save Their Lives, by Alleen Brown
- Nebraska Crime Commission Says Dodge County Jail Noncompliant With Reporting Requirements, by Harold Hempstead
- SCOTUS Kneecaps Condemned Prisoners Claiming Ineffective Assistance of Counsel, by Benjamin Tschirhart
- New York Closes Moriah ‘Shock Camp’, by Kevin Bliss
- After Summary Judgment Denied, California Jail Officials Pay $55,000 for Breaking Detainee’s Arm, by Mark Wilson
- Two Attorneys, Three Employees Sentenced in Bribery Scandal at MTC Texas Prisons, by Keith Sanders
- Third Illinois Guard Found Guilty In Fatal Beating of Handcuffed State Prisoner, but Attorney General Refuses To Settle With Family, by Matthew Clarke
- Wisconsin Supreme Court Guts State’s Fair Employment Act Protection for Returning Prisoners With Domestic Violence Convictions, by Jacob Barrett
- Class Certification Maintained in New York Prisoners’ Suit for Damages Due to Illegally Imposed Post-Release Supervision, by David Reutter
- California Appeals Court Lets CDCR Define Term Adopted From Legislation, by Kevin Bliss
- Sixth Circuit Denies Qualified Immunity to Ohio Prison Doctor After Prisoner Blinded by Stroke, by David Reutter
- Ninth Circuit Terminates Idaho Prison Conditions Lawsuit After 40 Years of Litigation, by David Reutter
- New Jersey Supreme Court Forces County to Cough up Settlement Documents With Prisoner Raped By Jail Guard Who Snitched on Fellow Guards, by David Reutter
- $1,050,000 Settlement Reached in Disabled Illinois Prisoner’s ADA Lawsuit, by David Reutter
- Idaho Joins Missouri in Banning Incarceration for Inability To Pay Court Fines, Fees, by Jayson Hawkins
- Census Bureau Report Finds Risk of Death Nearly Triples for Prisoners After Release, by Matthew Clarke
- Ninth Circuit Sends PLN’s Arizona Censorship Lawsuit Back to District Court, by David Reutter
- $7 Million Paid to California Detainee Left Quadriplegic Due to Jail Guards’ Alleged Negligence, by Matthew Clarke
- Ohio County Pays $4 Million To Settle Claim Over Death of Jail Detainee, by Matthew Clarke
- Ninth Circuit Vacates California’s COVID-19 Vaccination Mandate for Prison Employees, by Mark Wilson
- $2.5 Million in Confiscated COVID-19 Relief Funds Returned to Arkansas Prisoners After Court Issues Injunction, by David Reutter
- News in Brief
More from Benjamin Tschirhart:
- Fourth Circuit: South Carolina Prisoner’s Bivens Claim Must Detail Unconstitutional Acts of Each Defendant, April 26, 2024
- Louisiana Sheriffs Repeatedly and Conveniently Destroy Public Records, Dec. 15, 2023
- St. Louis City Jails Director Under Fire, County Jail Director Leaves After Nearly $2.7 Million in Legal Payouts, Nov. 15, 2023
- Condemned Arizona Prisoner Reprieved, Nov. 15, 2023
- Sheep and Sheepdogs: Use and Abuse of Non-Lethal Crowd Control Weapons, Nov. 1, 2023
- New York Jailhouse Lawyer Wins Resentencing, Release, Oct. 15, 2023
- Closed Circuit Cameras: Not the Objective Lenses We’re Told, Oct. 1, 2023
- Former Illinois Guards Sentenced for Prisoner’s Fatal Beating, Aug. 15, 2023
- Police Departments Conspire with Boards to Secretly Install License Plate Cameras Without Consent of Residents, Aug. 1, 2023
- New York City Stops Reporting Rikers Island Deaths Amid Rampant Guard Misconduct, July 15, 2023
More from these topics:
- 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.
- $550,000 Settlement After Juvenile’s Suicide at Charlotte Jail, July 15, 2025. Failure to Protect (Wrongful Death), Failure to Treat (Mental Illness), Suicides, Failure to Protect (Juveniles).
- 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.
- Washington’s Continuing Competency Crisis Strains Jails, June 1, 2025. Medication, Systemic Medical Neglect, Conditions of Confinement, Failure to Treat (Mental Illness).
- Retired California Prison Guard Killed in Colorado Jail, June 1, 2025. Failure to Protect (General), Failure to Treat (Mental Illness).
- $500,000 for Colorado Detainee Dropped On His Face by Jailers, June 1, 2025. Jail Misconduct, Guard Brutality/Beatings, Failure to Treat (Mental Illness).
- Ninth Circuit Revives Complaint Over Sloppy Cell Checks Before Psychotic Detainee’s Death at L.A. Jail, June 1, 2025. Failure to Protect (General), Failure to Protect (Wrongful Death), Failure to Treat (Mental Illness), Suicides.
- Kansas Pays $150,000 for Prisoner Killed by Cellmate, Centurion Settlement Confidential, June 1, 2025. Classification, Failure to Protect (General), Failure to Protect (Wrongful Death), Failure to Treat (Mental Illness).
- Rural Virginia Jury Refuses to Hold Guards Liable for State Prisoner’s Death, June 1, 2025. Failure to Protect (General), Guard Brutality/Beatings, Failure to Protect (Wrongful Death), Failure to Treat (Mental Illness).
- Arguing Successful Federal Habeas Corpus Claims, June 1, 2025. Habeas Corpus, Sixth Amendment, Ineffective Assistance of Counsel.