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Article • December 14, 2017
Oregon Habeas Cognizable to Challenge Florida Confinement Under ICC by Mark Wilson by Mark Wilson The Oregon Court of Appeals held that prisoners incarcerated in other states under the Interstate Corrections Compact (ICC) may challenge the conditions of their confinement in Oregon habeas corpus actions against Oregon prison officials. In ...
Article • December 14, 2017
Filed under: Appeals, Parole, Habeas Corpus
California Court of Appeals Vacates Parole Denial for Claiming Innocence by Matthew Clarke by Matt Clarke On September 1, 2015, a California court of appeal vacated the decision of the Board of Parole Hearings to deny parole to a prisoner who had been convicted of first-degree murder and sentenced to ...
Article • December 11, 2017
Florida Supreme Court Speaks Out of Both Sides of Mouth in Prisoner Sanction Case by Christopher Zoukis By Christopher Zoukis The Florida Supreme Court has issued an unusual opinion in which it simultaneously sanctioned a prisoner for too many filings and pointed out that the prisoner may be serving an ...
Article • November 6, 2017 • from PLN November, 2017
Filed under: Sentencing, Habeas Corpus
Nevada Supreme Court Holds Habeas Petition Not Mooted by End of Sentence by In a case of first impression, the Supreme Court of Nevada held that a state habeas corpus action filed while a person was incarcerated was not mooted by his subsequent release from all forms of custody. In ...
Article • August 29, 2017 • from PLN September, 2017
Filed under: Habeas Corpus
California Damage Suit Improperly Treated as Habeas Petition by The California Court of Appeal, Third Appellate District, reversed a lower court’s orders treating a prisoner’s damages action as a habeas corpus petition and then denying relief. California prisoner Ernest L. Cox filed a civil suit in state court against various ...
Article • May 5, 2017 • from PLN May, 2017
Former Texas Police Officer’s Sexual Assault Case Reversed After 21 Years by Matthew Clarke by Matt Clarke Brian Edward Franklin was a Fort Worth, Texas police officer for more than a decade before he was convicted of aggravated sexual assault of a child and sentenced to life in prison in ...
Article • March 14, 2017
Eighth Circuit: Improperly Filed Habeas Petitions Should Be Converted to Bivens Action by On December 17, 2014, the Eighth Circuit U.S. Court of Appeals revived a case brought by a state prisoner who alleged in a habeas corpus petition that his Eighth Amendment rights had been violated by a prison ...
Article • December 7, 2016 • from PLN December, 2016
Missouri: Habeas Corpus Granted to Prisoner Denied Jail Credit by A Missouri Court of Appeals granted a prisoner’s writ of habeas corpus and ordered him “immediately released from custody.” Before the state appellate court was the habeas petition of Andrew Kory. Kory was imprisoned on July 2, 2014 and charged ...
Challenge to Ohio Private Prison Confinement Not Cognizable in Habeas Corpus by Mark Wilson The Ohio Court of Appeals has affirmed the dismissal of a prisoner’s habeas corpus petition seeking immediate release from a private prison. Ohio state prisoner Maurice Freeman was confined at the Lake Erie Correctional Institution, a ...
Indiana Federal Court Certifies Habeas Corpus Class of Prisoners Disciplined for Refusing to Admit Guilt in Sex Offender Program by Matthew Clarke On September 30, 2015, a U.S. district court certified a class of Indiana state prisoners who refused to admit their guilt as part of the Indiana Sex Offender ...
Article • October 3, 2016 • from PLN October, 2016
Filed under: Reviews, Habeas Corpus
Book Review: The Habeas Citebook: Ineffective Assistance of Counsel (2nd Edition) by Christopher Zoukis The Habeas Citebook: Ineffective Assistance of Counsel (2nd Edition), by Brandon Sample and Alissa Hull (PLN Publishing, 2016). 275 pages, $49.95 (softcover) Book review by Christopher Zoukis The much-anticipated second edition of The Habeas Citebook: Ineffective ...
Oregon Habeas Cognizable to Challenge Confinement in Florida and Colorado under Interstate Compact by In a pair of rulings, the Oregon Court of Appeals held that prisoners incarcerated in other states under the Interstate Corrections Compact (ICC) may challenge the conditions of their confinement in habeas corpus actions against Oregon ...
Mattan v. Obama,. DC, Plf Mot for Recusal, Guantanamo Bay prisoner habeus, 2010 UNITED STATES DISTRICT COURT DISTRICT OF COLUMBIA MOHAMMED ABDULLAH TAHA MATTAN (ABDAL RAZAK ALI) Petitioners, No: 09- 745 (RCL) vs. BARACK OBAMA, et al, Respondents. PETITIONER ABDAL RAZAK ALI’S MOTION FOR RECUSAL PURSUANT TO 28 U.S.C. 455(a) ...
Article • June 3, 2016 • from PLN June, 2016
California State Prisoner’s Habeas Case Gets to Supreme Court but Falls Short by Derek Gilna Antonio Hinojosa, serving a 16-year sentence in California’s prison system, was deemed a “validated” gang member by prison officials, effectively stripping him of future good-time credits and extending the length of his sentence. He filed ...
Publication • March 8, 2016
Improving Access to Post-Conviction DNA Testing, The Justice Project, 2008 THE JUSTICE PROJECT Improving Access to Post-Conviction DNA Testing Kirk Noble Bloodsworth spent A Policy Review almost nine years in prison . for the rape and murder of . nine-year-old Dawn Hamilton before DNA testing proved . he did not ...
Article • February 18, 2016
Oregon PCR Judgments Must Satisfy "Clear-Statement Rule" by Mark Wilson The Oregon Court of Appeals held that trial court judgments denying post-conviction relief (PCR) must satisfy the "clear-statement rule" required by Oregon law. ORS 138.640(1) mandates that a PCR judgment "must clearly state the grounds on which the cause was ...
Article • November 16, 2015
No Equitable Tolling for Foreign, Mentally Ill Prisoners by No Equitable Tolling for Foreign, Mentally Ill Prisoners The Ninth Circuit Court of Appeals recently ruled that a non-English speaking mentally ill prisoner, housed in segregation at the time his petition was due, was not entitled to equitable tolling and dismissed ...
Article • November 6, 2015
Ohio Court Denies Habeas Challenge to Jail-Time Calculation and Double Jeopardy by Derek Gilna Ohio Court Denies Habeas Challenge to Jail-Time Calculation and Double Jeopardy by Derek Gilna The Supreme Court of Ohio, in the case of Johnson v. Crutchfield, rejected an Ohio prisoner’s challenge to the calculation of his ...
Article • November 2, 2015
Ninth Circuit: Prisoner’s Delusions Warrant §2254 Equitable Tolling by Ninth Circuit: Prisoner’s Delusions Warrant §2254 Equitable Tolling On April 18, 2014, the Ninth Circuit Court of Appeals held that the statute of limitations on an Oregon prisoner’s federal habeas corpus petition should be equitably tolled due to delusions the prisoner ...
Article • October 26, 2015 • from PLN November, 2015
Filed under: Habeas Corpus, AEDPA
Habeas Hints by Kent Russell Habeas Hints by Kent Russell This column provides “habeas hints” to prisoners who are considering or handling habeas corpus petitions as their own attorneys (“in pro per”). The focus of the column is on the Antiterrorism and Effective Death Penalty Act (AEDPA), the federal habeas ...
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