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En Banc Ninth Circuit Provides Guidance on When Amended Habeas Petition ‘Relates Back’ to Original Claims to Avoid Dismissal as Untimely

Loaded on April 15, 2020 by Dale Chappell published in Criminal Legal News May, 2020, page 22
Location: Nevada.

by Dale Chappell

Addressing what can often be a confusing issue for many pro se habeas petitioners, the en banc U.S. Court of Appeals for the Ninth Circuit held on February 24, 2020, that attaching a court order to a habeas application to support the claims is sufficient to allow ...

 

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More from this issue:

  1. Changing Perception, Changing The Law, by Jean Trounstine
  2. California Supreme Court Finds IAC, Vacates Conviction in LAPD Officer’s Murder Case (Again) – 36 Years Later, by Dale Chappell
  3. Ninth Circuit Opens Door for Savings Clause Relief, Recognizes ‘Actual Innocence’ for Mandatory Career Offender Sentences, by Dale Chappell
  4. Seventh Circuit: Trial Judge Violated 5th Amendment by Modifying Instructions to Allow Jury to Convict on Offenses Not Charged in Indictment, by Douglas Ankney
  5. Attacking the Guilty Plea: The Ineffective Assistance of Counsel Standard, by Dale Chappell
  6. Suspending the Constitution: Police State Uses Crises to Expand Its Lockdown Powers, by John W. Whitehead
  7. SCOTUS: ‘Serious Drug Offense’ Under ACCA Is Self-Defining, Match with Equivalent Federal Offense Not Required, by Dale Chappell
  8. Kansas Supreme Court Holds Threat of Violence Statute Violates First Amendment to Extent it Criminalizes ‘Reckless’ Conduct, by Dale Chappell
  9. SCOTUS: Advocating for Shorter Sentence Sufficient to Preserve Claim that Sentence Imposed Greater Than Necessary to Comply With 18 U.S.C. § 3553(a), by Douglas Ankney
  10. New York Court of Appeals Orders Resentencing Because Trial Court Relied on Testimony from Improperly Unsealed Record, by Douglas Ankney
  11. California Court of Appeal: Senate Bill 1437 Abrogates ‘Natural and Probable Consequences Doctrine’ in Attempted Murder Prosecutions and Applies Retroactively to Cases on Appeal, by Douglas Ankney
  12. Sixth Circuit: Cardiologist’s Right to Due Process Violated Where District Court Ordered Government to Not Disclose Third Party’s Expert Evaluation of Medical Care Provided by Him, by Douglas Ankney
  13. En Banc Ninth Circuit Provides Guidance on When Amended Habeas Petition ‘Relates Back’ to Original Claims to Avoid Dismissal as Untimely, by Dale Chappell
  14. First Circuit: Home Search Affidavit Failed to Establish Nexus of Crime and Evidence, by David Reutter
  15. First Circuit: Securing a Weapon Not Used in Offense Is Not Exigent Circumstance Permitting Warrantless Entry and Search of Suspect’s Home, by Anthony Accurso
  16. Massachusetts Supreme Judicial Court Reverses Murder Conviction Due to Insufficient Evidence, by Douglas Ankney
  17. Second Circuit Holds Denial to Proceed Under Pseudonym by Magistrate Judge Is Immediately Appealable, by Dale Chappell
  18. Fifth Circuit Settles In-Circuit Confusion, Holds Implicit Extension of Time to File State Appeal Tolls AEDPA Clock to File Federal Habeas Petition, by Dale Chappell
  19. Pennsylvania Prosecutors Cash in on Low-Level Drug Crimes, by Edward Lyon
  20. Former Florida Deputy Jailed for Fabricating Drug Evidence, by David Reutter
  21. Prosecutors Overrepresented Among Federal Judges, by Jayson Hawkins
  22. ‘Travel Papers’ and the Pandemic Patriot Act 2.0, by Daisy Luther, The Organic Prepper
  23. FBI ‘Assessing’ Black Americans, by Jayson Hawkins
  24. California Supreme Court: Refusing to Testify Insufficient to Constitute Accessory After the Fact, by Anthony Accurso
  25. Seventh Circuit: Unsupported CI Statements Insufficient to Justify Higher Drug Quantity for Sentencing, by Dale Chappell
  26. Ninth Circuit: Proposition 47 Creates New, Intervening Judgment to Allow Another Federal Habeas Petition Attacking Entire Case, by Dale Chappell
  27. Seventh Circuit Vacates Sentence for Failure to Explain Extreme Departure of Guidelines Range, by Anthony Accurso
  28. Coronavirus: Will Courts Continue To Operate, Preserving the Rule of Law?, by Austin Sarat, Professor of Jurisprudence and Political Science, Amherst College, The Conversation
  29. Repeat Offenders May Be the Result of Different Brain Composition, by Michael Fortino, Ph.D
  30. Washington Supreme Court Announces PRP Petition ‘Final’ Upon Issuance of Certificate of Finality to Allow Tolling of Federal Habeas Clock, by Dale Chappell
  31. Hawaii Lawmakers Propose Transparency from Prosecutors, by David Reutter
  32. New Fingerprint Test Can Distinguish Whether Person Ingested Cocaine or Only Touched It, by Douglas Ankney
  33. Wyoming Supreme Court Finds IAC Where Counsel Failed to Challenge Prolonging of Traffic Stop After Citation Completed, by Anthony Accurso
  34. North Carolina Supreme Court Announces Defendant Can Forfeit Right to Counsel by Egregious Misconduct; Trial Court May Forgo Compliance with N.C.G.S. § 15A-1242, by Douglas Ankney
  35. Report: LAPD Engaged in Racial Profiling in Traffic Stops, by Kevin Bliss
  36. Fingerprint Analysis: High Stakes, Low Qualifications, by Jayson Hawkins
  37. California Supreme Court: Defendant Doesn’t Forfeit Claim for Failing to Object to Expert’s Testimonial Hearsay at Trial That Occurred Before Sanchez Was Decided, by Anthony Accurso
  38. Big Brother Is ... Tracking You, by Douglas Ankney
  39. Georgia Supreme Court Reverses Dismissal of Second State Habeas Petition, by Douglas Ankney
  40. DNA Contamination Threatened Conviction of Innocent Man, by Kevin Bliss
  41. Sealed Records Open for View, by Kevin Bliss
  42. Citizens in California Can No Longer be Prosecuted for Refusing to Risk Their Lives Assisting Police, by Douglas Ankney
  43. News Websites Rethink Using Mugshots as Click-Bait, by Dale Chappell
  44. Advanced DNA Technology Helps Free Innocent Georgia Man After Nearly 18 Years in Prison, by Edward Lyon
  45. In the Criminal Justice System, Big Brother Gets Bigger Every Day, by Douglas Ankney
  46. City of Grand Rapids to Pay Marine $190,000 After He Was Unlawfully Detained as ‘Illegal Foreign National’, by Douglas Ankney
  47. California’s Killer Cops, by Douglas Ankney
  48. ‘Constitutional Crisis’ Still Exists Despite California Supreme Court Ruling on Opening Access to Law Enforcement Brady Lists, by Dale Chappell
  49. Complexity and Lack of Standardization Makes Crime Statistics Less Useful, by Matthew Clarke
  50. Chicago’s ‘Despicable’ Red-Light Camera System Exposed, by Douglas Ankney
  51. New York Police Department Plays Loose with Freedom of Information Act Laws, by Kevin Bliss
  52. How to Clear Your Record of Marijuana Charges in Illinois, by Dale Chappell
  53. Could a Second Chance be the Answer?, by Kevin Bliss
  54. Wrongfully Convicted NY Man Freed After 24 Years, by Jayson Hawkins
  55. News in Brief
  56. Chicago Police Department Ordered to Release 49 Years of Misconduct Files, by Matthew Clarke

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