Welcome to Habeas Hints the blog companion to printed California Habeas Handbook 2.0. It is our hope to share this valuable information with you and your families through this blog. We intend to regularly update this blog with useful information about state and federal habeas corpus. Enjoy

Welcome to the Habeas Handbook Blog

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Welcome to the Habeas Handbook Blog. It is a natural extension of our print publication, California Habeas Handbook 2.0. The print publication explains in detail how to prepare, file, defend,…

Habeas Hints #4: Discovery on Habeas Corpus

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Discovery on Federal Habeas After Pinholster: An Exercise in Futility? After you have filed your petition in federal court and the government has responded, the record the district court will…

Habeas Hints: SCOTUS Review 2017-18

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Habeas Hint: SCOTUS equated the client’s right to maintain innocence with other rights that are so fundamental that only the defendant personally can waive them, e.g., the right to plead…

Habeas Hints #3: Evaluating and initiating IAC Claims

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One of the major advantages of ineffective assistance of counsel (IAC) claims on habeas corpus is that they are usually the most reliable way to bring new evidence before the…

Staring Down The Two-headed Monster (Part Two): Richter – Pinholster

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Part Two Harrington v. Richter, 131 S.Ct. 770 (2011) Cullen v. Pinholster, 131 S.Ct. 1388 (2011)   In “Richter”, the U.S. Supreme Court (SCOTUS) made ineffective assistance of counsel (“IAC”)…

Staring Down The Two-headed Monster (Part One): Richter – Pinholster

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Part One Harrington v. Richter, 131 S.Ct. 770 (2011) Cullen v. Pinholster, 131 S.Ct. 1388 (2011)   In “Richter” and “Pinholster”, the U.S. Supreme Court (SCOTUS) dealt body blows to…

Habeas Hints #2: Understanding and Satisfying the Strickland Test for IAC

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Understanding and Satisfying the Strickland Test for IAC. The landmark case of Strickland v. Washington, 466 U.S. 668 (1984), establishes that ineffective assistance of counsel (“IAC”) claims require two showings:…

Habeas Hints #1: Ineffective Assistance of Trial Counsel; Litigating on Federal Habeas

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Most IAC claims are made against trial counsel, which is the focus of this column. Simply stated, IAC has two elements: (1) Deficient Performance; and (2) Prejudice. A lawyer performs…

Major Habeas Issues: SCOTUS Review 2016-17

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Procedural Default (Acknowledging and Avoiding the Kiss of Death). Federal courts generally refuse to hear claims that were defaulted in state court  because of an “independent and adequate state procedural…

Tara Time: Select New Developments in Habeas Corpus

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No Facts: When No means Yes...Not so long ago, in a bleak turn of events for habeas petitioners, the U.S. Supreme Court held that where a state court's decision on…