Court denied Petitioner's habeas petition as well as any request for a certificate of appealability. The petition was denied because Petitioner received an average of an hour per day outside of lockdown. The Court declined to convert the petition before "Schulze has considered it himself." Id. at 7.
Schulze v. Kobayashi, No. 20-cv-00222-DKW-RT, 2020 WL 2544407 (D. Haw. May 19, 2020)
DETAILS
Decision
Date
5/19/2020
Practice Area
Criminal (Federal Charges)
Relief Requested
Improved Conditions, Release, Vacatur
Type of Court
Federal District Court
Location
Hawaii
Type of Case
Individual
Case Characteristics
Elderly, Immigrant Detention, Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions, Pretrial Detention [jail]
Compassionate Release Case
No
Compassionate Release Specific Characteristics
Only served a small portion of their sentence (less than 33%)
Case Tracking Number
20-cv-00222-DKW-RT
MORE CASE INFORMATION
Court Name
D. Haw.
Decision
Motion Denied
Place of Incarceration
Federal Prison
Name of Facility
Federal Detention Center in Honolulu, Hawaii
Legal Authority
Other, Procedural Due Process (both 14th and 5th Amendments), Sixth Amendment - Access to Counsel, Substantive Due Process - Punitive Detention (both 14th and 5th Amendments), Eighth and Fifth Amendment - Cruel and Unusual Punishment
Legal Authority
Antiterrorism and Effective Death Penalty Act (AEDPA) [arises with “second or successive habeas petitions”], Bail Reform Act, Bail Pending Sentence or Appeal, 18 U.S.C. § 3143, Bail Reform Act, Bail Pending Trial, 18 U.S.C. § 3142, First Step Act Exhaustion, First Step Act, 18 U.S.C. § 3582(c)(1)(A), Other, § 2241 Habeas, § 2254 Habeas, Fed. R. Civ. P. 60(b)
Case Status
Decision Made
Compassionate Release Exhaustion Holdingsin Federal Case
This opinion brought up the issue of filing costs, and I would be curious to get a breakdown or make a breakdown of what different petitions and motions cost to file.
Litigation Database
Crowdsourced legal documents from around the country related to COVID-19 and incarceration, organized, collected, and summarized for public defenders, litigators, and other advocates. Created and managed by Bronx Defenders, Columbia Law School’s Center for Institutional and Social Change, UCLA Law COVID-19 Behind Bars Data Project, and Zealous. Mostly federal court opinions, but now expanding to states and legal filings, declarations, and exhibits.
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