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Article • August 1, 2025 • from PLN August, 2025
On Remand, Eleventh Circuit Clarifies, Affirms Grant of Habeas Relief to Death Row Prisoner by Joseph Clifton Smith beat Durk Van Dam to death during a robbery, and was sentenced to death following his conviction in 1997. He has been appealing his case for almost three decades, most recently resulting …
Article • January 15, 2025 • from PLN January, 2025
California Prisoner Awarded Over $1.26 Million in Suit Challenging Withheld Legal Mail Which Resulted in Habeas Loss by David Reutter by David M. Reutter On November 12, 2024, the federal court for the Eastern District of California entered judgment in favor of state prisoner Anthony Penton, adding $788,744.97 to an …
Public Defender Files Habeas Petitions for Detainees at “Horrific” Baltimore Lockup by On May 17, 2024, the Maryland Office of the Public Defender (OPD) filed 11 habeas petitions for detainees awaiting trial at the state’s Reception Diagnostic and Classification Center in Baltimore after they reported raw sewage overflowing from unflushable …
Article • October 15, 2023 • from PLN October, 2023
Virginia Prisoner Wins Habeas Release on Ineffective Assistance of Counsel Claim by Douglas Ankney by Douglas Ankney There was good news and bad news for former Virginia prisoner Jeramiah Chamberlain on December 22, 2021. That’s when the U.S. Court of Appeals for the Fourth Circuit affirmed dismissal of his suit …
Article • September 15, 2023 • from PLN September, 2023
Unyielding Pursuit of Justice or Unfulfilled Promises: Doubts Surround California Habeas Attorney by In a quest to exonerate Abel Soto, his family and friends hired Aaron Spolin, a Los Angeles lawyer who advertises himself as “California’s top-ranked habeas attorney.” Soto and his supporters believe he was wrongfully convicted of a …
Article • August 15, 2023 • from PLN August, 2023
SCOTUS Overrules Arizona Supreme Court, Allows Death Row Prisoner to Proceed With State Habeas Action by Matthew Clarke by Matt Clarke On February 22, 2023, the Supreme Court of the United States (SCOTUS) held that its decision in Lynch v. Arizona, 578 U.S. 613 (2016), was a “significant change” in …
Brief • May 1, 2023
Filed under: Habeas Corpus
Hoffmann v. State of Wisconsin, WI, Emergency Petition for Habeas Corpus, Habeas Corpus, 2023 l j United States District Court 517 E. Wisconsin Ave. Milwaukee, Wi. 53202 Rev. Dean Hoffmann, (VICTIM) Petitioners -vs- ) State of Wisconsin, et al Respondents ) No: 2 3- c- 0 5 5 3 Emergency …
Article • September 30, 2022 • from PLN October, 2022
SCOTUS Kills Condemned Ohio Prisoner’s Effort to Secure Evidence of Mental Impairment to Bolster Habeas Petition by Benjamin Tschirhart 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 …
Article • June 16, 2022
Filed under: Habeas Corpus
Vermont Supreme Court Affirms Dismissal of Habeas Petition from State Prisoner Given Run-Around by DOC by Douglas Ankney By Douglas Ankey A Vermont prisoner’s valiant effort to hold the state Department of Corrections (DOC) to account died a maddening bureaucratic death in state court on April 4, 2022. The facts …
Fifth Circuit Says Federal Habeas Action May Not Be Used to Challenge Conditions of Confinement Related to COVID-19 by Matthew Clarke by Matt Clarke As previously reported by PLN, federal appellate courts in the U.S. have taken a dim view of challenges to conditions of confinement that place prisoners at …
Article • September 1, 2021 • from PLN September, 2021
California Appeals Court Holds Habeas Action Over Censorship of Tattoo Magazine Mooted By Delivery by Matthew Clarke by Matt Clarke On June 8, 2021, a California court of appeals held that a prisoner’s habeas corpus challenging San Quentin State Prison’s withholding of eight issues of Artists Magazine was mooted when …
Article • April 1, 2020 • from PLN April, 2020
Massachusetts Supreme Court Orders DOC to Free Terminally Ill Prisoners After DOJ Investigates Mistreatment by Bill Barton by Bill Barton On January 28, 2020, the Massachusetts Supreme Judicial Court (SJC) voided several regulations used by the state Department of Correction (DOC) to justify denying 29 petitions by prisoners for medical …
Brief • March 11, 2020
Onosamba-Ohindo v. Barr, NY, Writ of Habeas Corpus Petition, Jail Detention-ICE, 2020 Case 1:20-cv-00290 Document 1 Filed 03/11/20 Page 1 of 19 UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NEW YORK JUNIOR ONOSAMBA-OHINDO and ANTONIO LOPEZ AGUSTIN, on behalf of themselves and all others similarly situated, Petitioners-Plaintiffs, v. …
Article • March 4, 2020 • from PLN March, 2020
Filed under: Habeas Corpus
California: Qualified Attorney Work-Product Protection Applies to Discovery During Habeas Proceedings by Douglas Ankney 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 …
Article • August 6, 2019 • from PLN August, 2019
Habeas Petition Granted Over Failing Roof, Unsanitary Conditions at California Prison by Matthew Clarke by Matt Clarke On April 5, 2019, Robert Escareno, incarcerated at the California Substance Abuse Treatment and State Prison at Cocoran (SATF), submitted closing arguments in a Superior Court habeas action that alleged the failing roof …
Article • August 8, 2018 • from PLN August, 2018
Federal Prisoner’s Custody Status Continues While “on Loan” to Face State Charges by The Ninth Circuit Court of Appeals held on November 21, 2017 that a federal prisoner remains in the custody of the U.S. Attorney General despite being held on behalf of state officials. Bud Ray Brown was serving …
Brief • 2018
St. Juste v. Commissioner of Correction, CT, Opinion, Sentencing, Immigration, 2018 *********************************************** The “officially released” date that appears near the beginning of each opinion is the date the opinion will be published in the Connecticut Law Journal or the date it was released as a slip opinion. The operative date …
Brief • May 14, 2018
Langley v. Prince et al., LA, order, murder conviction, 2018 Case: 16-30486 Document: 00514472153 Page: 1 Date Filed: 05/14/2018 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 16-30486 FILED May 14, 2018 RICKY LANGLEY, Lyle W. Cayce Clerk Petitioner …
Article • April 2, 2018 • from PLN April, 2018
California Supreme Court Upholds Death Penalty Reform Law by Christopher Zoukis by Christopher Zoukis Proposition 66, also known as the Death Penalty Reform and Savings Act, was passed by 51.13% of California voters on November 8, 2016. Prop. 66 was intended to “facilitate the enforcement of judgments and achieve cost …
Brief • March 12, 2018
In re Benavides Figeuroa, CA, Opinion, Habeas, 2018 Filed 3/12/18 IN THE SUPREME COURT OF CALIFORNIA In re VICENTE BENAVIDES FIGUEROA on Habeas Corpus. ) ) ) ) ) ) ___________________________________ ) S111336 Kern County Super. Ct. No. 48266 On appeal we affirmed petitioner’s convictions and death penalty judgment. (People …
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