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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 …
OIG-CDCR Processing of Disabled Incarcerated Persons-March 2022 Amarik K. Singh, Inspector General OIG OFFICE of the INSPECTOR GENERAL Independent Prison Oversight March 2022 Special Report The California Department of Corrections and Rehabilitation’s Processing of Disabled Incarcerated Persons’ Staff Misconduct Allegations at the Richard J. Donovan Correctional Facility Electronic copies of …
Publication • 2022
Civil Rights Litigation-Effective Communication, July 2022 WHITE PAPER SERIES Learning from Civil Rights Lawsuits: Effective Communication with Deaf, Hard of Hearing, Blind, and Low Vision Incarcerated People white paper series Learning from Civil Rights Lawsuits: Effective Communication with Deaf, Hard of Hearing, Blind, and Low Vision Incarcerated People JULY 2022 …
Article • May 15, 2022 • from CLN June, 2022
SCOTUS Adds Extra Obstacle to Federal Habeas Relief for State Prisoners, Ruling Both Brecht and the AEDPA Must Be Satisfied by Dale Chappell by Dale Chappell Citing the need to respect the finality of state convictions, the Supreme Court of the United States (“SCOTUS”) held on April 21, 2022, that …
Mitchell Hamline School of Law-The Sex Offense Litigation and Policy, 2022 MITCHELL HAMLINE Sex Offense Litigation and Policy Resource Center SORNA 2022: A Guide for Practitioners to New Federal SORNA Regulations Effective January 7, 2022 The Sex Offense Litigation and Policy Resource Center (SOLPRC) at Mitchell Hamline School of Law …
Brief • April 14, 2022
Congress v. State of Vermont, VT, Settlement Agreement, Failure to Treat/Reasonable Accommodation, 2022 F C O O R N IN FI D CA EN M TI E AL RA ED C U D O PR EV IE W R F C O O R N IN FI D CA EN …
They Told Her She Could Register to Vote. Why Should She Be in Prison for Their Error? by Brooke Kaufman by Brooke Kaufman  A USA Today Opinion article from Georgina Yeomans and Kevin Jason, who serve as assistant counsel at the NAACP Legal Defense and Educational Fund Inc., questions the …
Article • February 15, 2022 • from CLN March, 2022
Filed under: AEDPA
Fourth Circuit: State’s Failure to Plead Procedural Default Results in De Novo Review on Merits; Prosecutor’s Comments to Jury to Send ‘Societal Message’ Denied Defendant Fair Trial, Habeas Relief Warranted by Dale Chappell by Dale Chappell THE U.S. COURT OF APPEALS FOR THE Fourth Circuit held that a prosecutor’s comments …
Article • February 15, 2022 • from CLN March, 2022
Michigan Supreme Court Announces 2011 SORA May Not Be Retroactively Applied to Registrants Whose Offenses Predated Its Enactment Because Doing So Violates Prohibition on Ex Post Facto Laws by Douglas Ankney by Douglas Ankney The Supreme Court of Michigan held that application of the state’s Sex Offenders Registration Act, MCL …
Article • December 15, 2021 • from CLN January, 2022
Filed under: AEDPA
The AEDPA: A Forgotten Catalyst in Mass Incarceration by Dale Chappell by Dale Chappell When we talk about things that fuel mass incarceration, the Antiterrorism and Effective Death Penalty Act (“AEDPA”) is rarely considered as one of the causes for the over-incarceration of U.S. residents. But take a closer look, …
Brief • November 8, 2021
Disability Rights Florida v. Florida Dept of Corrections, FL, Settlement,ADA Compliance, 2021 IN THE CIRCUIT COURT OF THE SECOND JUDICIAL CIRCUIT IN AND FOR LEON, FLORIDA DISABILITY RIGHTS FLORIDA, INC., CASE NO.: 2019-CA-2825 Plaintiff, v. FLORIDA DEPARTMENT OF CORRECTIONS, an agency of the State of Florida, Defendant. SETTLEMENT AGREEMENT The …
Publication • October 27, 2021
Maui Community Correctional Center - Final PREA Audit Report, 2021 Prison Rape Elimination Act (PREA) Audit Report Adult Prisons & Jails ☐ ☒ Interim Final ☐ N/A Date of Interim Audit Report: June 3, 2021 If no Interim Audit Report, select N/A Date of Final Audit Report: October 27, 2021 …
Publication • September 21, 2021
The Effectiveness of Sex Offender Registration and Notification, Sept. 2021 Journal of Experimental Criminology https://doi.org/10.1007/s11292-021-09480-z The effectiveness of Sex Offender Registration and Notification: A meta-analysis of 25 years of findings Kristen M. Zgoba 1 & Meghan M. Mitchell 2 Accepted: 1 July 2021/Published online: 21 September 2021 # The Author(s), …
Article • September 15, 2021 • from CLN October, 2021
Fourth Circuit: RICO Conspiracy Isn’t ‘Crime of Violence’ for § 924(c) Purposes by Douglas Ankney by Doug Ankney The U.S. Court of Appeals for the Fourth Circuit held that a Racketeer Influenced and Corrupt Organizations Act (“RICO”) conspiracy in violation of 18 U.S.C. § 1962(d) is not categorically a “crime …
South Carolina Supreme Court: Lifetime SORA Registration Requirement Unconstitutional Absent Opportunity for Judicial Review of Risk of Re-offending by Anthony Accurso by Anthony W. Accurso In an opinion filed June 9, 2021, the Supreme Court of South Carolina upheld a lower court ruling allowing a lower-risk sex offender to be …
Brief • July 21, 2021
Adam X v. New Jersey Dept of Corrections, NJ, Order Granting Motion for Preliminary Approval of Class Settlment, ADA Compliance 2021 Case 3:17-cv-00188-FLW-LHG Document 136 Filed 07/21/21 Page 1 of 10 PageID: 751 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY ADAM X., BRIAN Y., CASEY Z., on …
Brief • July 16, 2021
Adam X v. New Jersey Dept. Of Corrections, NJ, Settlement Agreement, ADA Compliance, 2021 Case 3:17-cv-00188-FLW-LHG Document 135-3 Filed 07/16/21 Page 2 of 105 PageID: 580 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY ______________________________________ ADAM X., BRIAN Y., CASEY Z., on behalf of themselves and …
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