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)
Criminal (Federal Charges)
Improved Conditions, Release, Vacatur
Type of Court
Federal District Court
Type of Case
Elderly, Immigrant Detention, Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions, Pretrial Detention [jail]
Compassionate Release Case
Compassionate Release Specific Characteristics
Only served a small portion of their sentence (less than 33%)
Case Tracking Number
MORE CASE INFORMATION
Place of Incarceration
Name of Facility
Federal Detention Center in Honolulu, Hawaii
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
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)
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.
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.
This resource is designed to help lawyers, advocates, researchers, journalists, and others interested in challenging, remedying, or drawing attention to the grave risk that Covid-19 poses to individuals who are detained.