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Book Review: California Habeas Handbook 2.0 by Kent A. Russell
Reviewed by Christopher Zoukis
The writ of habeas corpus is an extraordinary remedy that allows a person held against his or her will by the state to challenge the legality of confinement. It is often referred to as “The Great Writ,” and has its roots in common law going back ...
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More from this issue:
- Study: Unionized Police? Increased Misconduct, by Derek Gilna
- ‘Serious Bodily Harm’ Does Not Include Animals, Massachusetts Supreme Court Holds, by Dale Chappell
- Georgia Supreme Court Vacates Convictions and Sentences Due to Merger Errors, by Matthew Clarke
- Rhode Island High Court Abolishes Shatney in Initial Application for Postconviction Relief by Prisoners Serving Life Without Parole, by Matthew Clarke
- North Dakota Supreme Court Announces Interpretation of Restitution Statutes, by Christopher Zoukis
- Fifth Circuit: 96-Day Pretrial Detention Without Appearance Before Judge or Chance to Post Bail Violates Fourteenth Amendment Due Process Rights, by Matthew Clarke
- Fifth Circuit Holds Prisoner May Sign and Deliver Habeas-Related Motion on Behalf of Fellow Prisoner Under Prison Mailbox Rule, by Dale Chappell
- Federal Judge Excludes Evidence After FBI Lies on Search Warrant Affidavit, Geek Squad on FBI payroll, by Matthew Clarke
- ‘Black Identity Extremists’ Added to FBI List of Domestic Terrorists, by Christopher Zoukis
- The G-Men are Coming: Local Cops Partner with Federal Authorities to Deport Undocumented Immigrants, by Christopher Zoukis
- U.S. Supreme Court: Death Penalty Case Involving Racist Juror Requires Further Consideration, by Christopher Zoukis
- Ohio Supreme Court Holds State Cannot Prove ‘Bulk Amount’ of Fentanyl Under Statute, by Dale Chappell
- Colorado Supreme Court: Conviction of Drunk Motorist for Attempted Reckless Manslaughter and Attempted Second Degree Assault Requires Risk to Discernable Person, Not Merely Public At-Large, by Christopher Zoukis
- U.S. Supreme Court Resolves Split Among Circuit Courts of Appeals on Tax Code § 7212(a), by Richard Resch
- Ninth Circuit Reverses Drug Smuggling Conviction for Improper Exclusion of Evidence of Third-Party Culpability, by Christopher Zoukis
- Arizona Supreme Court: Trial Court Must Tell Jury Defendant Ineligible for Parole in Death Penalty Phase, by Dale Chappell
- Iowa Supreme Court Rules District Courts Have Authority to Hear Postconviction Relief Actions Involving Deprivation of Liberty or Property Interest, by David Reutter
- Innocence be Damned: Prosecutors Who Disregard Justice in Push to Win at Any Cost, by Dale Chappell
- Cautionary Tale: Visible Fingertips in Cellphone Pictures Can Get You Arrested, by Steve Horn
- D.C. Circuit Vacates Sentence Because Government Breached Plea Agreement by Providing Defendant’s Confidential Statements to Sentencing Court, by Dale Chappell
- Colorado Supreme Court Limits Bottom End of Aggravated Sentencing Statute for Habitual Sex Offenders, by Christopher Zoukis
- New Report: 60 Percent of Exonerations Stem from Official Misconduct, by Steve Horn
- Washington High Court Issues New Rule Making Immigration Status Inadmissible, by Derek Gilna
- ‘Shaken Baby Syndrome’ Diagnoses Discredited, Convictions Questioned, by Matthew Clarke
- Captured: ‘Golden State Killer’ Wanted for 12 Murders and 50 Rapes Turns Out To Be Former Sacramento-Area Cop, by Derek Gilna
- Louisiana: No Charges for Cops Who Shot Alton Sterling, Despite Body-Cam Evidence, by Monte McCoin
- Coast to Coast, Sex Offender Residency Restrictions Waste Money, Create Havoc, by Sandy Rozek
- ‘Broken Windows’ Policing Results in Police Lying About Unlawful Stops, by Matthew Clarke
- Drug-Induced Homicide Laws Hurt Rather Than Help Opioid Overdose Crisis, by Dale Chappell
- Pennsylvania Supreme Court Rules FBI Admission Microscopic Hair Analysis Wrong 90% of the Time is Newly Discovered Fact Allowing Untimely Post-Conviction Relief Petition, by Christopher Zoukis
- Habeas Hints: Understanding and Satisfying the Strickland Test for IAC, by Kent A. Russell, Tara Hoveland
- Book Review: California Habeas Handbook 2.0 by Kent A. Russell, by Christopher Zoukis
- Victory: Virginia Supreme Court Delivers Blow to Police Use of License Plate Reader Technology to Track Drivers, Surveil Citizens, by The Rutherford Institute
- U.S. Supreme Court Holds Residual Clause Definition of ‘Crime of Violence’ Unconstitutionally Vague Under Due Process Clause, by Dale Chappell
- Vague Criminality and Mass Incarceration: Will Dimaya End the Insanity?, by Leah Litman
- New York Times Investigation Spotlights NYPD Practice of ‘Testilying’, by Derek Gilna
- News in Brief
- Sex Offender Registries: Common Sense or Nonsense?, by Christopher Zoukis
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:
- 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.
- 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.
- California Prisoner Awarded Over $1.26 Million in Suit Challenging Withheld Legal Mail Which Resulted in Habeas Loss, Jan. 15, 2025. Settlements, Habeas Corpus, Mail Regulations, Legal Mail.
- Georgia Supreme Court Grants Habeas Relief Where Both Trial and Appellate Counsel Provided Ineffective Assistance by Failing to Challenge Indictment for Residential Burglary That Failed to Allege Defendant Illegally Entered a ‘Dwelling’, Jan. 15, 2025. Habeas Corpus, Ineffective Assistance of Counsel, Constitutional Challenges/Law.
- Ninth Circuit Holds District Courts Have No Authority Under Rule 4 of Rules Governing § 2254 Cases to Dismiss Habeas Petition on the Merits, Dec. 15, 2024. Habeas Corpus, Dismissal, Authority and Jurisdiction.
- Ninth Circuit Grants Habeas Relief to California Prisoner on Napue Claim Because Prosecution Failed to Correct Informant’s False Testimony That He Did Not Receive Any Benefit In Exchange for His Testimony, Dec. 1, 2024. Informants, Habeas Corpus, Informants and Paid Witnesses, False Testimony.