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Fourth Circuit: Evidentiary Hearing Required Where Prisoner’s Allegation of Mental Illness, if True, Is Sufficient to Demonstrate ‘Extraordinary Circumstances’ Warranting Both Rule 60(b)(6) Relief and Tolling of Habeas SOL by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Fourth Circuit held that an evidentiary hearing was …
Brief • January 9, 2024
USA v. Franklin County, PA, Complaint, Discrimination-ADA, 2024 Case 1:24-cv-00034-CCC Document 1 Filed 01/09/24 Page 1 of 8 UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA ) UNITED STATES OF AMERICA, ) ) Plaintiff, ) ) v. ) ) FRANKLIN COUNTY, PENNSYLVANIA ) o/a ) FRANKLIN COUNTY JAIL, …
Brief • December 21, 2023
Greenwald v. Cantrell, LA, Order and Reasons, Failure to Comply With SORNA, 2023 Case 2:22-cv-02371-JTM-DPC Document 98 Filed 12/21/23 Page 1 of 12 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA KENDRA GREENWALD CIVIL ACTION VERSUS NO: 22-2371 LATOYA CANTRELL ET AL. SECTION “H” ORDER AND REASONS Before the Court …
Article • October 1, 2023 • from CLN October, 2023
Filed under: New Trial Motions, AEDPA
U.S. Supreme Court Announces § 2255(e)’s ‘Saving Clause’ Does Not Enable Prisoners to File § 2241 Petition Based on AEDPA’s Rule Against Second or Successive § 2255 Motions by Douglas Ankney by Douglas Ankney Resolving a split among the U.S. Courts of Appeals, the Supreme Court of the United States …
Brief • September 25, 2023
Charles H. V. District of Columbia, DC, Settlement, Special Education to Students in Jail, 2023 Case 1:21-cv-00997-CJN Document 191-1 Filed 09/25/23 Page 1 of 69 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA CHARLES H., ISRAEL F., AND MALIK Z. on behalf of themselves and all others similarly situated, …
Brief • August 16, 2023
The Fortune Society, Inc. V. iAFFORD NY, LLC, NY, Judgment, Discrimination, 2023 Case 1:22-cv-06584-PKC-SJB Document 49 Filed 08/16/23 Page 1 of 2 PageID #: 364 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NEW YORK THE FORTUNE SOCIETY, INC. Civ. Action No. 1:22-cv-06584 Plaintiff, v. Judge Pamela …
Article • August 1, 2023 • from CLN August, 2023
Filed under: AEDPA
Ninth Circuit Announces State Habeas Petition Remains ‘Pending’ for Purposes of AEDPA 1-Year SOL While State Relief Remains Open Regardless of Whether Petitioner Utilizes It by Richard Resch by Richard Resch The U.S. Court of Appeals for the Ninth Circuit held that a postconviction relief (“PCR”) application in Arizona is …
Publication • July 19, 2023
Email U.S. DOJ-Civil Rights Division-US Findings Amd Conclusions of Investigation of the State of Arizona DOC, July 2023 U.S. Department of Justice Civil Rights Division Disability Rights Section 4 Constitution Square 150 M St., NE Washington, DC 20530 July 19, 2023 VIA EMAIL Ryan Thornell, Director Ashley Oddo, General Counsel …
Brief • June 21, 2023
Dunsmore v. San Diego County Sheriff's Dept, CA, Joint Motion and Order Re Accessibility at Central Jail, ADA Compliance, 2023 Case 3:20-cv-00406-AJB-DDL Document 355 Filed 06/21/23 PageID.15883 Page 1 of 12 1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 SOUTHERN DISTRICT OF CALIFORNIA 9 DARRYL DUNSMORE, …
Article • April 15, 2023 • from CLN May, 2023
Beware of Smart Devices That Infringe on Your Privacy by Casey Bastian by Casey J. Bastian The Surveillance Technology Oversight Project (“STOP”) released a review of smart devices entitled: “The Trojan House.” The revelations are concerning. If you like your privacy and don’t want strangers, hackers, and law enforcement surveilling …
Article • February 15, 2023 • from CLN March, 2023
Seventh Circuit: State Court Decision Not Entitled to AEDPA Deference Due to Incorrect Legal Standard, Pro Se Habeas Petition Granted Based on Trial Counsel’s Failure to Present Expert Witness on Determinative Issue of Guilt Resulting in IAC by Jacob Barrett by Jacob Berrett The U.S. Court of Appeals for the …
Article • December 15, 2022 • from CLN January, 2023
First Circuit Reverses Denial of Habeas Relief Where District Court Found Batson Error but Observed AEDPA, Deferred to State Court’s Finding that No Batson Error Occurred by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the First Circuit reversed the U.S. District Court for the District of …
Publication • November 22, 2022
Healthcare During Incarceration-A Policy Position Paper From the American College of Physicians-Nov. 2022 POSITION PAPER Annals of Internal Medicine Health Care During Incarceration: A Policy Position Paper From the American College of Physicians Newton E. Kendig, MD; Renee Butkus, BA; Suja Mathew, MD; and David Hilden, MD, MPH; for the …
Brief • October 28, 2022
The Fortune Society, Inc. V. iAFFORD NY, LLC, NY, Complaint, Discrimination, 2022 Case 1:22-cv-06584 Document 1 Filed 10/28/22 Page 1 of 32 PageID #: 1 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NEW YORK THE FORTUNE SOCIETY, INC. 29-76 Northern Blvd. Long Island City, NY 11101 …
Article • September 15, 2022 • from CLN October, 2022
Filed under: AEDPA
Seventh Circuit: Federal Habeas Corpus – AEDPA Time Limit Opens Door for Savings Clause Relief by Dale Chappell by Dale Chappell Expanding the savings clause yet again, the U.S. Court of Appeals for the Seventh Circuit held that the one-year time limit for filing a motion under 28 U.S.C. § …
Article • September 15, 2022 • from CLN October, 2022
Fifth Circuit: New, Retroactive Supreme Court Decision Allowing SOS Habeas Petition Not New Enough to Avoid Procedural-Default Bar by Dale Chappell by Dale Chappell In a decision that further narrows the federal habeas corpus remedy, a divided panel of the U.S. Court of Appeals for the Fifth Circuit held that …
Article • August 15, 2022 • from CLN September, 2022
Federal Habeas Corpus: Taking an Appeal After the Denial of Habeas Relief by Dale Chappell by Dale Chappell Federal law says that you have the “right” to appeal the denial of federal habeas corpus relief, but there’s a catch—only if the court says that you can. Congress limited the ability …
Article • August 15, 2022 • from CLN September, 2022
SCOTUS Holds AEDPA’s Restrictions on Habeas Relief Trump Federal Courts’ Authority Under All Writs Act by Dale Chappell by Dale Chappell The Supreme Court of the United States (“SCOTUS” or “Court”) held that a federal court’s  transportation order permitting a prisoner to seek out new evidence pursuant to the All …
SCOTUS: No Procedural-Default Exceptions to Excuse Federal Habeas Evidentiary Hearing Bar by Dale Chappell by Dale Chappell In yet another case further limiting the federal habeas corpus remedy, the Supreme Court of the United States (“SCOTUS”) held on May 23, 2022, that post-conviction counsel’s failure to develop a meritorious claim …
Publication • 2022
Protected and Served-2022 Community Survey of LGBTQ+ People and People Living With HIV's Experience With Criminal Legal System PROTECTED &SERVED 2022 Community Survey of LGBTQ+ People and People Living with HIV’s Experiences with the Criminal Legal System By Somjen Frazer, Richard Saenz, Andrew Aleman, and Laura Laderman Table of Contents …
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