If one’s petition for a writ of habeas corpus is denied in federal court, first and foremost evaluate why this happened. Was the court correct? If not, why was the court incorrect? Was it an abuse of discretion or a mistake of law? A notice of appeal and a certificate of appealability must then be prepared and filed. The following article explains this process if more detail. To read the article, please click on the following link –What Should I Do if My Federal Habeas is Denied?
Judge Makes Mistake in Denying Compassionate Release
Compassionate release is proper when a prisoner has an end-of-life medical condition such that he or she has less than six months to live and does not pose an unreasonable risk of danger to public safety, defined as that prisoner posing an unreasonable risk of committing a super strike based on his or her current physical and mental condition and the prisoner. To read a summary of a recent San Bernardino Superior Court case wherein this was debated, please click on the following link – Judge Makes Mistake in Denying Compassionate Release
Why a 42 U.S.C. § 1983 Case is Often Dismissed
Dozens, if not hundreds of federal civil rights lawsuits are dismissed every year based on procedural errors or defense motions for summary judgment. The risk of this happening can be greatly reduced if one retains an experienced federal civil rights attorney, but if one cannot do this, this article has a list of a few inexpensive publications and websites to look over to help one navigate federal civil procedure. To read this article, please click on the following link – Why a 42 U.S.C. § 1983 Case is Often Dismissed
Newly Discovered Evidence & Motion for New Trial
Trial court judge erred by denying motion for new trial based upon defendant receiving a note from a relative after trial that before trial two other relatives devised a plan to introduce false testimony about child molestation in court to secure a conviction and defendant’s deportation. To read more about this published ruling, please click on the following link – Newly Discovered Evidence & Motion for New Trial
What is a Civil Rights Lawsuit under 42 U.S.C. § 1983?
A civil lawsuit for violation of one’s federal statutory or constitutional rights under 42 U.S.C. § 1983 can take many different forms. It can be against the CDCR, for example, or against a police agency or even an individual police officer acting in his official governmental capacity. To read more about what this type of civil lawsuit this is and how it proceeds, please click on the following link to read a short article on this – What is a Civil Rights Lawsuit under 42 U.S.C. § 1983?
What Happens After One Files a Federal Habeas Petition?
It is helpful to know what to anticipate procedurally after filing a petition for a writ of habeas corpus in federal court. The following article explains what can happen sequentially after the petition is filed. To read the article, please click on the following link – What Happens After One Files a Federal Habeas Petition?
Recovery of Attorney Fees in Prison Litigation Reform Act
Under the Prison Litigation Reform Act (PLRA), only attorneys’ fees litigating successful claims are compensable, and time spent on unsuccessful claims must be excluded from the lodestar calculation. To read more about this and a summary of a 2024 case involving gender-affirming surgery, please click on the following link – Recovery of Attorney Fees in Prison Litigation Reform Act
A Second Habeas Petition Prohibition, Exceptions
Generally speaking, one cannot file a second petition for a writ of habeas corpus in federal court unless certain exceptions apply and one receives permission to file this, as discussed in the following article – A Second Habeas Petition Prohibition, Exceptions
The Double Jeopardy Defense and Examples of Its Use
The constitutional right against double jeopardy is often misunderstood and can be violated in ways that one may not immediately recognize. This article seeks to clarify this constitutional prohibition and provided examples of its violation. To read this short article, please click on the following link – The Double Jeopardy Defense and Examples of Its Use
Federal Habeas Filing Deadline & Equitable Tolling
Equitable tolling to the deadline, or extending the deadline, for filing a petition for a writ of habeas corpus in federal court can arise due to extraordinary circumstances despite defendant’s diligence in seeking to meeting his deadline, of which this article gives examples recognized as legitimate extraordinary circumstances recognized by federal courts. To read more about such examples, please click on the following link – Federal Habeas Filing Deadline & Equitable Tolling
