Law Links Page One of Four
2254 FORM BLANK — Petition From Relief From Conviction or Sentence By A Person in STATE Custody. (Petition under 28 U.S.C. 2254 for a Writ of Habeas Corpus).
HABEAS CORPUS (FEDERAL) — 741 Protocol for the Effective Handling of Collateral Attacks on Convictions Brought Pursuant to 28 U.S.C. 2241 - Added February 18, 2006 - To evade these requirements of the AEDPA, prisoners are increasingly resorting to the use of § 2241 petitions to attack the validity of their convictions and sentences. These § 2241 petitions are brought in the district of confinement, and pose all of the problems -- burdening districts of confinement and shifting the litigation of their challenges from the districts of conviction which are best equipped to address them -- posed by such § 2241 petitions prior to the enactment of § 2255. The current prisoners, moreover, are filing such petitions in great numbers. In addition, by seeking to evade the AEDPA limitations, these § 2241 petitions engender the same abuses -- delay, insubstantial appeals, relitigation of claims, and successive motions -- that the AEDPA was enacted to prevent.
HABEAS CORPUS (HOW TO FILE)— Added February 18, 2006 - How to appeal your habeas corpus case to the United States Court of Appeals for the Second Circuit (Supplement to "How to Appeal your Civil case"). Please note tht ordinarily an original petition for a writ of habeas corpus must be filed with the District Court.
HABEAS CORPUS (FEDERAL)— Added February 18, 2006 - Federal Convictions. Persons convicted in federal court may proceed by filing a §2255 petition in the federal district court. Ordinarily, a §2255 petition should not be filed until the direct appeal has been concluded. This petition is processed in the same way as any other civil case, with two exceptions: first, the record on appeal must include the documents filed in the underlying criminal case as well as those filed under the civil docket number; second, no separate judgment will issue. For this reason, the time for filing a Notice of Appeal runs from the date of the order denying the petition.
HABEAS CORPUS (STATE)— Added February 18, 2006 - State Convictions. A person convicted in state court should first complete all appeals in state court before bringing the case to federal court. A Petition for Writ of Habeas Corpus (§2254) should first be filed in the federal district court whose area contains the jurisdiction where the person was convicted. Only after the petition is denied by the district court, and a judgment is entered, should an appeal be filed in the Court of Appeals.
2254 FORM - PETITION UNDER 28 US 2254 WRIT OF HABEAS CORPUS (STATE) - Note: the 2254 form is for pro se litigants who are incarcerated by state conviction. If the pro se litigant is incarcerated by federal conviction then the litigant must file under 28 US 2255.
2ND CIRCUIT UPHOLDS FEDERAL DEATH PENALTY— December 11, 2002 - The fact that innocent people have been sentenced to die does not render the Federal Death Penalty Act unconstitutional, the 2nd U.S. Circuit Court of Appeals said Tuesday.
9TH CIRCUIT COURT NEWS 07/08/03— Habeas Corpus reviews; recent decisions. I was going to forward some of these decisions by the 9th circuit to the list but there are so many habeas petitions and the like that were recently remanded or vacated that it's easier to send the whole 9th Circuit news article. Scroll through and see how some of these cases may have set precedent in your case. -- Candyce J. Hawk
Ninth Circuit Capital Punishment Handbook— Electronic edition of the Capital Punishment Handbook has been revised and updated
amicus curiae - definition of the term — February 12, 2005
n. Latin for "friend of the court,"
a party or an organization interested in an issue which files a brief or participates in the argument in a case in which that party or organization is not one of the litigants. For example, the American Civil Liberties Union often files briefs on behalf of a party who contends his constitutional rights have been violated, even though the claimant has his own attorney. Friends of the Earth or the Sierra Club may file a supporting amicus curiae brief in an environmental action in which they are not actually parties. Usually the court must give permission for the brief to be filed and arguments may only be made with the agreement of the party the amicus curiae is supporting, and that argument comes out of the time allowed for that party's presentation to the court. Click here to review samples
The ACLU site — is a great way to catch up on current civil liberties issues and then take action in a number of ways (including sending a FREE FAX to your elected officials!).
ADA Applies to Inmates' Addictions — The 9th U.S. Circuit Court of Appeals in San Francisco, Calif., ruled that the Americans with Disabilities Act (ADA) protects inmates in addiction treatment, the American Bar Association Journal reported March 22. The court made its ruling in a case that involves two California inmates with histories of addiction. Both inmates, who are in recovery, were denied parole by the Board of Prison Terms because of their past drug use.
"Since a parole board may not deny African-Americans consideration for parole because of race, and since Congress thinks that discriminating against a disabled person is like discriminating against an African-American, the parole board may not deny a disabled person consideration for parole because of his disability," the court wrote. The ruling reversed an earlier decision by the U.S. District Court for the Eastern District of California, which stated that the ADA does not extend to the criminal law decision-making process. The appeals court disagreed, stating that the ADA was passed "to guarantee the same constitutional promises of equal protection."
"This decision is in step with the intent of Congress," said Laurence Wayne Paradis, executive director of Disability Rights Advocates in Oakland, Calif. "The ADA was meant to be a comprehensive mandate for eliminating discrimination throughout all of society."
ALABAMA - COMPENSATION FOR WRONGFUL CONVICTION — January 28, 2006 — Eligibility for compensation. In order to be eligible to receive compensation for wrongful incarceration a person must:
- Have been convicted by the state of one or more felony offenses, all of which the person was innocent, and have served time in prison as a result of the conviction or convictions; or
- Have been incarcerated pretrial on a state felony charge, for at least two years through no fault of his or her own, before having charges dismissed based on innocence.
Alabama Judicial Rules and Procedures Table of Contents— April 30, 2004 - Appellate rules, civil rules, criminal rules, rules of evidence, judicial rules, juvenile rules
ALABAMA SENTENCING REFORM— November 8, 2002 - A committee was created. This committee was comprised of representatives from the state's criminal justice system, which included judges, law enforcement, lawyers, legislators and the head of the state's largest victim's rights group. After more than a year of review, this group offered a set of recommendations to help make Alabama's sentencing system more fair and accurate.
ALABAMA RULE 32 INSTRUCTIONS— May 22, 2004 - Trial manual and Post conviction manual by Equal Justice Initiative, headed by attorney Brian Stevenson.
ALABAMA RULE 1004 — Admissibility of other evidence of contents
At http://www.abanet.org/irr/finaljune28.pdf are the recently released Protocols by the ABA IR&R Section, entitled, "Death Without Justice, A Guide for Examining the Administration of the Death Penalty in the United States." Next week, probably on Tuesday, the www.abanet.org/irr website will have the new IR&R report on moratorium-related developments from 1/00 to 7/01, with extensive detail on executive, legislative, judicial, and press developments.
ATTORNEY LICENSE FRAUD — November 11, 2005 - Attorney License??? There ain't no such thing.
AUDIENCE FOR WEB LOG GROWS— April 20, 2004 - 9th Cir overrules ban on downloaded Internet items in mail.
BANKS v. DRETKE 02-8286 - 02/24/04 Criminal Law & Procedure, Habeas Corpus — When police or prosecutors conceal significant exculpatory or impeaching material in the State's possession, e.g., by withholding evidence that would have allowed a defendant to discredit essential prosecution witnesses, it is ordinarily incumbent on the State to set the record straight. The Fifth Circuit erred in dismissing death row inmate's Brady claim with respect to one such witness, and in denying him a certificate of appealability with respect to another.
Basic Law Terminologies and rules -- see the 'Lectric Law Library's Legal Lexicon -- Terms, Definitions & Explanations --
BILL OF ATTAINDER PROJECT — The law regards personification in the light of the last definition, but to a more treacherous degree. Our justice system confiscates property on the premise that objects can commit crimes. In other words the Court has implemented the idea that objects have free will. This enables the court to take your car, house, boat, bike, or any other object you own on the basis that it can commit crimes. This has enabled the Court to practice "animism", and force a belief system on the American public which a good many would reject, if they realized the religious connotations of the act.
Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment, G.A. res. 43/173, annex, 43 U.N. GAOR Supp. (No. 49) at 298, U.N. Doc. A/43/49 (1988).
BRADLEY v. PRYOR— Alabama case in the 11th Circuit Court of Appeals (decided September 23, 2002) - Danny Joe Bradley, an Alabama prisoner under sentence of death, appeals the district court's dismissal of his suit to compel the government to produce evidence for DNA testing. The court held that Bradley's suit, which was filed pursuant to 42 U.S.C. § 1983, was the "functional equivalent" of a petition for habeas corpus, and should therefore be dismissed as a second or successive habeas petition filed without the requisite authorization from the Court of Appeals. Bradley now appeals that ruling and argues that his suit was properly brought pursuant to § 1983 because his request for the production of evidence neither directly, nor by necessary implication, attacks the validity of his conviction and sentence. We agree, and accordingly reverse the decision of the district court.
Brain Scans Reinventing Lie Detection Science— January 7, 2006 - Two startups will launch commercial fMRI lie-detection services, marketed initially to individuals who believe they've been unjustly charged with a crime.
Bureau of Justice Statistics— The "Sourcebook of Criminal Justice statistics" published by the U.S. Department of Justice, brings together data about all aspects of criminal justice in the United States. Available at this site are over 600 tables and figures from more than 100 sources.