Howard v. Sharpe

I dissent from the majority’s opinion for two reasons: I believe that the habeas court’s sanctions are overly broad, and the court’s mandate that Howard obtain permission from it prior to seeking future relief is an illegal attempt to retain jurisdiction.

1. The habeas court’s prohibitions against Howard “acting as a ‘jailhouse lawyer’ ” and “giv[ing] legal assistance to any other inmates” are overly broad. The habeas court failed to specify what actions entail “acting as a ‘jailhouse lawyer,’ ” and also failed to state what conduct is encompassed in the meaning of “giv[ing] legal assistance.”…