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Notice of Appeal Deemed Filed When Presented to Prison Officials; Burden on State to Refute

Loaded on Oct. 15, 2007 published in Prison Legal News October, 2007, page 44
Filed under: Civil Procedure, Appeals, Limitations, Mail Regulations, Legal Mail. Location: Alabama.

The Eleventh Circuit Court of Appeals has held that a prisoner's notice of appeal is considered filed on the date it is given to prison officials, and the state has the burden of proof to demonstrate otherwise.

Alabama prisoner Robert S. Allen filed a federal habeas corpus petition challenging his ...

 

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  2. Old Media Access Consent Decrees Violated in Maine, by Lance Tapley
  3. Massachusetts District Court: FBI Ordered to Pay $101.7 Million for Malicious Prosecution, by Michael Rigby
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  8. Final Report on Ohio Prisoner Reentry Study, by G.A. Bowers
  9. Minnesota Sanction for Sex Offender Treatment Refusal Violates Fifth Amendment
  10. “War on Terror” Whistleblowers, Dissenters are Fired, Prosecuted; Plaintiff’s Lawyers Help Turn Them In, by Alex Friedmann
  11. Arkansas Prisoner Denied Kosher Diet Awarded $1,500
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  13. NY Prisoner Who Crushed Thumb Working at Ski Resort Awarded $40,000
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  16. $4 Million Settlement In Rape and Beating Death of Mentally Ill New Jersey Prisoner, by Michael Rigby
  17. $14 Million Verdict Against Louisiana DA’s Office for Wrongful Death Sentence
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  19. South Carolina Prisoner Assaulted By Guards Awarded $600,000
  20. Wyoming and CMS Settle Suit Over Diabetic Prisoner’s Loss of Foot, by Matthew Clarke
  21. San Mateo County, California, Settles Strip-Search Suit for $1.9 Million
  22. Tenth Circuit Upholds BOP Guard’s Abuse Convictions
  23. Texas Parole Board Revamps Urinalysis Procedures
  24. GAO Audit: Alien Detention Facilities Suffer Continuing Deficiencies, by John Dannenberg
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  30. $1.6 Million Settlements by PHS and Hillsborough County in Death of Baby Born in Florida Jail, by David Reutter
  31. Eighth Circuit Reverses Summary Judgment Dismissal of Excessive Force Claims
  32. Confidential Settlement for Alabama Prisoners Killed in Road Work Crew
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  34. $100 Million In Restitution Fines Collected From California Prisoners Since 1992
  35. Probation Condition Restricting Pets at Residence Held Overbroad
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  45. Ohio Juvenile Wards Entitled to Attorneys to Pursue 1983 Actions
  46. Fifth Circuit Reverses Dismissal of Mississippi Retaliation For Letters to a Newspaper Claim
  47. News in Brief:
  48. Notice of Appeal Deemed Filed When Presented to Prison Officials; Burden on State to Refute

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