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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 …
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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
- SCOTUS Sides With Condemned Georgia Prisoner Who Wants To Be Executed by Firing Squad, by David Reutter
- New York Prisoner’s Suit Over Thirteen-Year Solitary Stint Survives, 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
- SCOTUS Lets “State Secrets” Privilege Bar CIA Contractor Testimony About Torture Already Publicly Known, by Mark Wilson
- New Florida Law Shrouds Executions in Secrecy, by Kevin Bliss
- SCOTUS Kills Condemned Ohio Prisoner’s Effort to Secure Evidence of Mental Impairment to Bolster Habeas Petition, by Benjamin Tschirhart
- ACLU Pries Loose Employment Record of New Hampshire Trooper Who Detained Woman on Falsified Evidence, Leading to $237,500 Settlement, by Matthew Clarke
- 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
- After $90,000 Settlement for Sexual Abuse of Oregon Juvenile Detainee, Second Suit Filed Against Now-Imprisoned Former Youth Counselor, by Chuck Sharman
- $2.45 Million Paid by Wellpath and Macomb County, Michigan, After Detainee’s Withdrawal Death in Jail, by Benjamin Tschirhart
- 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
- Class Certification Maintained in New York Prisoners’ Suit for Damages Due to Illegally Imposed Post-Release Supervision, by David Reutter
- Wisconsin Supreme Court Guts State’s Fair Employment Act Protection for Returning Prisoners With Domestic Violence Convictions, by Jacob Barrett
- 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
- 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
- Ninth Circuit Terminates Idaho Prison Conditions Lawsuit After 40 Years of Litigation, 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
- Ninth Circuit Sends PLN’s Arizona Censorship Lawsuit Back to District Court, by David Reutter
- Census Bureau Report Finds Risk of Death Nearly Triples for Prisoners After Release, by Matthew Clarke
- Ohio County Pays $4 Million To Settle Claim Over Death of Jail Detainee, by Matthew Clarke
- $7 Million Paid to California Detainee Left Quadriplegic Due to Jail Guards’ Alleged Negligence, 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:
- SCOTUS Reverses Mississippi Capital Conviction, July 1, 2026. Racial Discrimination, AEDPA, Preservation of Appellate Rights/Issues, Jury Selection, Batson Claims.
- Three Women Died at a Michigan Prison in Less than a Month, July 1, 2026. Systemic Medical Neglect, Failure to Treat, Medical Neglect/Malpractice, Failure to Treat (Mental Illness), Deliberate Indifference.
- After Spoliation Sanction, CoreCivic Settles Suit Over Suicide in New Mexico ICE Lockup, July 1, 2026. Corrections Corporation of America/CoreCivic, Discovery, Medical Neglect/Malpractice, Failure to Treat (Mental Illness), Suicides.
- 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.
- Settlement Reached in Mental Health Care Class-Action at San Diego County Jails, June 1, 2026. Settlements, Failure to Treat (Mental Illness), Class Actions, Administrative Detention/Segregation, Inadequate Health Care Facilities.
- 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.
- $250,000 Paid by Maine to Former Prisoner Held in Solitary Confinement—Which the State DOC Says Doesn’t Exist, June 1, 2026. DOC/BOP misconduct, Americans with Disabilities Act, Control Units/SHU/Solitary Confinement, Failure to Treat (Mental Illness), Cruel and Unusual Punishment.
- Spike in Massachusetts Prisoner Suicides Blamed on Isolation, K-2 and Spotty Mental Healthcare, May 1, 2026. DOJ CRIPA Actions, Failure to Treat (Mental Illness), Suicides, Confinement in Segregated Housing, Administrative Detention/Segregation.
- $9.8 Million in Settlements Reached with South Carolina County and Wellpath in Gruesome Jail Death, May 1, 2026. Failure to Treat, Sanitation, Medical Neglect/Malpractice, Failure to Treat (Mental Illness), Deliberate Indifference.

