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Ninth Circuit: Younger Abstention Not Appropriate in Habeas Case Challenging Lack of Constitutionally Sufficient Bail Hearing
Loaded on July 20, 2018
by Christopher Zoukis
published in Criminal Legal News
August, 2018, page 38
by Christopher Zoukis
The United States Court of Appeals for the Ninth Circuit ruled on February 9, 2018, that Younger v. Harris, 401 U.S. 37 (1971) does not require a U.S. district court to abstain from hearing a petition for a writ of habeas corpus challenging the conditions …
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More from this issue:
- Courts Have Made Social Media a Landmine for Defendants. Could It Change Soon?, by Steve Horn
- $600,000 Awarded Missouri Man in Legal Malpractice Verdict After 17 Years in Prison
- Denver Under Fire For Law That Critics Describe as Legalized ‘Car Stealing’, by Derek Gilna
- Pennsylvania Supreme Court Announces Search Warrant Required for Nonconsensual Entry into Any Residence to Carry Out Arrest Warrant, by Richard Resch
- Mississippi Supreme Court Clarifies that Appellate Courts Never Serve as ‘13th Juror’ for Motion for New Trial, by David Reutter
- New Mexico Supreme Court: Seriousness of Charged Crime Itself Not Sufficient to Deny Defendant Pretrial Release, by Dale Chappell
- #Policetoo: 35 States Allow ‘Consensual’ Sex Between Police and Detainees, by Christopher Zoukis
- Texas Court of Criminal Appeals Announces ‘Finality’ Under Sentence Enhancement Provision for Out-of-State Convictions Governed by Texas Law, by Dale Chappell
- Durham, North Carolina, Opts Out of Military-Style Training for Police, by Christopher Zoukis
- Seventh Circuit Affirms Suppression of Evidence Because Traffic Stop Unreasonably Prolonged, by Christopher Zoukis
- Montana Supreme Court Holds Failure to Instruct Jury on State’s Burden of Proof is Plain Error, by Dale Chappell
- Utah Supreme Court: Procedural Due Process Violated Where Failure to Participate in Sex Offender Treatment Program Used to Deny Parole to Prisoner Not Convicted of Sex Offense, by David Reutter
- Eleventh Circuit Holds Florida Drug Trafficking Statute Indivisible and Overbroad for Removal Under Immigration and Nationality Act, by Dale Chappell
- Biased Facial Recognition Systems Are Coming to a Law Enforcement Agency Near You, by Christopher Zoukis
- Washington Supreme Court: Nexus Between Property Searched and Probation Violation Required for Warrantless Search of Probationer’s Property, by Dale Chappell
- Missouri High Court Holds Checkbox-Style Search Warrant Constitutes an Unconstitutional General Warrant, by Dale Chappell
- $1 Million Paid by NYC to Settle False Arrest Claim
- Government Eyes Are Watching You: We Are All Prisoners of the Surveillance State, by John W. Whitehead
- Kansas Supreme Court: Judge’s ‘Thwarting’ of Defendant’s Right to Self-Representation was Structural Error Requiring Reversal of Convictions, by Dale Chappell
- New Jersey Supreme Court: Substantive Error to Amend Indictment to Change Degree of Felony on Eve of Trial, by Matthew Clarke
- Seattle to Toss Old Pot Convictions
- Missouri Supreme Court Clarifies No Resisting Arrest Charge Once Arrest is Completed, by Dale Chappell
- Fifth Circuit Grants § 2255 Petition Challenging Failure to Register Conviction for Ineffective Assistance of Counsel, by Christopher Zoukis
- FBI Data Reveal ‘War on Cops’ is Nonexistent, by Dale Chappell
- South Carolina Supreme Court Clarifies When Court Can Deny Right to Self-Representation; Orders New Trial, by Dale Chappell
- Pennsylvania Supreme Court Vacates Intellectually Disabled Prisoner’s Death Sentence, by Christopher Zoukis
- Pennsylvania Supreme Court Announces New Rule to Allow IAC Claims for Fine-Only Sentences, by Dale Chappell
- Ninth Circuit: Younger Abstention Not Appropriate in Habeas Case Challenging Lack of Constitutionally Sufficient Bail Hearing, by Christopher Zoukis
- Delaware Supreme Court Reverses Criminally Negligent Homicide Because Conduct was ‘Too Remote’ from Cause of Death, by Dale Chappell
- Is FBI Using Classified Tools for Everyday Investigations?, by Christopher Zoukis
- Legally Thrown in Jail for Wanting to File a Complaint Against Police
- District Court Grants Bail in a Drug Case Over Government’s Typical Assertion That ‘No Condition or Combination of Conditions Would Reasonably Assure the Defendant’s Presence at Trial’
- Powerful District Attorney Lobbies Improperly Influence Law Making, by Matthew Clarke
- NYPD Hands Out Business Cards So Suspects Can Rate Their Encounter with Cops
- State Attorney in Vermont Won’t Prosecute Misdemeanor Opioid Treatment Drug Cases, by Betty Nelander
- News in Brief
- Ninth Circuit Rules Weekends in Jail Count as Time ‘In Prison’, by Dale Chappell
- The Long, Dark History of Law Enforcement’s Warrantless Bus Searches, by Steve Horn
- Louisiana Supreme Court: Jury May Not Speculate on Guilt When Evidence Is Lacking, by Dale Chappell
- Risk Assessment Software: Biased and No Better Than Human Behavior Prediction, by Christopher Zoukis
- Daily Caller Investigation Lays Opiate Crisis at Feet of DEA, by Derek Gilna
- SCOTUS: Warrantless Invasion of Curtilage to Conduct Search Unconstitutional, by Richard Resch
- Dial T for Tyranny: While America Feuds, the Police State Shifts Into High Gear, by John W. Whitehead
- Non-Unanimous Jury Verdicts Give Prosecutors ‘Awesome Power’ and Have Racist Roots, by Dale Chappell
More from Christopher Zoukis:
- The Contraband Wars Prison authorities target books and mail, miss the goods coming through the staff door, July 1, 2021
- Trump v. Biden on Criminal Justice, Oct. 1, 2020
- Coronavirus in Prison: The Cruel Reality, Aug. 1, 2020
- With Lives of Immigrant Detainees at Risk to COVID-19, Federal Judge Forces ICE’s Hand, July 1, 2020
- A Nation on the Brink, June 15, 2020
- Federal Court Slams Michigan Jail for Bungling COVID-19 Pandemic, Demands Names of Vulnerable Prisoners for Release, June 1, 2020
- Silence: The Bureau of Prisons’ Pathetic Response to the COVID-19 Pandemic, June 1, 2020
- New York Judge Orders Release of 18 Rikers Island Detainees Due to COVID-19 Risk, June 1, 2020
- Coronavirus: A Nationwide Survey of the Push for Early Release as Pandemic Fears Grow, May 1, 2020
- California Three-Judge Court Denies Emergency Motion to Reduce Prison Population During Pandemic, May 1, 2020
More from these topics:
- Texas Lawmakers Restrict Bail and Raise Criminal Penalties, Punt on Prison and Jail Conditions, Aug. 1, 2025. Bail, Failure to Make Findings or Articulate Reasons, Competence of Defendant.
- On Remand, Eleventh Circuit Clarifies, Affirms Grant of Habeas Relief to Death Row Prisoner, Aug. 1, 2025. Habeas Corpus, Death Penalty, Death Row.
- 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.
- 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.
- Arguing Successful Federal Habeas Corpus Claims, June 1, 2025. Habeas Corpus, Sixth Amendment, Ineffective Assistance of Counsel.
- Ninth Circuit Grants Stay and Abeyance of Federal Habeas Petition to Allow Petitioner to Exhaust State Remedies, April 15, 2025. Administrative Exhaustion (PLRA), Habeas Corpus, AEDPA, Amendments to Petition.
- Illinois Pretrial Incarceration Becomes Less Random A Year After Elimination of Cash Bail, April 1, 2025. Bail, Bail Bonds, Pretrial Detention and Detainees.
- Cuyahoga County Judges Vowed to Reform the Bail System. Here’s What Happened., Feb. 15, 2025. Prison Reform, Bail, Bail Bonds.
- Third Circuit Grants Habeas Relief to Prisoner on Confrontation Clause and Ineffective Assistance Claims Based on Trial Court Reading Entire Criminal Information Into the Record of Co-Conspirator Who Pleaded Guilty, Feb. 15, 2025. Habeas Corpus, Ineffective Assistance of Counsel, Exculpatory No Doctrine, Confrontation Clause/Rights, Witnesses - Prior Statements/Testimony, Plea Agreements/Guilty Pleas.
- Texas Court of Criminal Appeals Grants Habeas Relief in ‘Shaken Baby Syndrome’ Case, Feb. 1, 2025. junk science, Habeas Corpus, Forensic Sciences, Child Abuse/Abusers, Evidence - Admissibility.





