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Jury Not Waived in "Doubtful Situation"
Loaded on April 15, 1996
published in Prison Legal News
April, 1996, page 11
The fifth circuit court of appeals held that a plaintiff's right to a jury trial is not waived unless the plaintiff was clearly informed that an evidentiary hearing before a magistrate would constitute a trial. Darrell McAfee, a Texas state prisoner, filed suit against various policemen and prison officials. The …
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More from this issue:
- Microsoft Out-Cells Competition, by Dan Pens
- The Keepers and the Caged: Heroes and Necromancers in the Prison System Today (Book Review), by Michael Spencer
- Racist Guards at Florida Prison, by Dan Pens
- From the Editor, by Dan Pens
- Prison Population Statistics Available
- Not All Prisoner Lawsuits Are Frivolous, by Jon O Newman
- Iowa Supreme Court: Hearing Required Before Prisoner Funds Seized
- $55,540 in Attorney Fees for RFRA Suit
- Parole Change Violates Ex Post Facto Clause
- Washington DOC Enjoined from Taking Blood
- Grievance Discipline Struck Down
- Disciplinary Findings Must State Evidence Relied On
- Oklahoma Pre-Parole Status Creates Liberty Interest
- Exploitation of Ohio Prison Labor, by William Ridenour
- Grievance Retaliation Unlawful
- Jury Not Waived in "Doubtful Situation"
- Peruvian POWs Rescued
- Genital Groping States Claim
- Michigan ACLU Protests Religious Prison College
- Seventh Circuit Decides "Mail Box" Rule
- Damn Lies and Statistics
- Georgia Prisons Enter Dark Ages
- Michigan Consent Decree Not Changed
- Arizona's New Tin Horn Dictator, by O'Neil Stough
- RFRA Applies to Retaliation Claims
- Pelican Bay Psychiatrists Resign in Protest
- Jailhouse Lawyers Retain Right to Assist Prisoners
- Texas Guard Killed by Riot Shield
- No Jurisdiction for Some Qualified Immunity Appeals
- Permanent Injunction Issued in Madrid
- $460,800 Verdict in Ohio Beating Affirmed
- Discrimination Dismissal Reversed
- Administrative Reversal of Disciplinary Sanction Doesn't Bar Suit
- Fourth Circuit Rules on IFP Statute, Again
- Sandin Inapplicable to Detainee Disciplinary Claims
- $150,000 Jury Award in Beating Case Affirmed
- News in Brief
- Tuberculosis TRO Issued
More from these topics:
- Oregon Supreme Court: Jail Credit Statute Focuses Upon Legal Custody Not Physical Custody Location, July 1, 2026. Civil Procedure, Sentencing, Appeals/Appellate Jurisdiction, Criminal Justice, Statutory Construction/Interpretation.
- Exonerated Former Prisoner Wins Election for Chief Record Keeper in New Orleans, Jan. 1, 2026. Prisoner Legal Assistance, Juries, Public Records, Wrongful Conviction, Wrongful Imprisonment.
- Fourth Circuit Reverses Dismissal of Habeas Petition Where District Court Failed to Review Magistrate’s Report De Novo After Characterizing Petitioner’s Objections as ‘Attempt to Reargue Case’, Oct. 1, 2023. Magistrates, Habeas Corpus, De Novo Resentencing.
- Third Circuit Holds Consent of All Parties to Magistrate Judge Jurisdiction Required Before Judgment Against Pennsylvania Prisoners, Sept. 30, 2022. Magistrates, Appeals/Appellate Jurisdiction.
- Dismissal Not Authorized for Oregon Victim’s Refusal to Comply With Subpoena, Oct. 4, 2020. Civil Procedure, Subpoenas, Fair Trial.
- Hawai’i Supreme Court Announces New Rule Requiring Both Judges and Juries to Consider Numerous Factors in Witness ID Cases, Dec. 17, 2019. Juries, Witnesses.
- Lack of Academic Research in U.S. on Secondary DNA Transfer Affects Criminal Defendants, Oct. 14, 2019. DNA Testing/Samples, Juries.
- Ninth Circuit Holds Juror Who Wouldn’t Unequivocally State She Could Be Impartial Should Have Been Excused; New Trial Ordered Because Biased Juror Can’t Be Harmless Error, March 15, 2019. Juries, Jury Service and Selection Act.
- Jurors Showing More and More Savvy Toward Trial Evidence, Feb. 14, 2019. Juries, Trials.
- First Circuit Announces No Joint Participation Exception to Spousal Testimonial Privilege, Feb. 14, 2019. Civil Procedure, Marriage.

