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Oregon: State Must Prove Defendant’s Ability to Pay Attorney Fees
Oregon: State Must Prove Defendant’s Ability to Pay Attorney Fees
by Mark Wilson
On July 23, 2014, the Oregon Court of Appeals vacated $36,000 in court-appointed attorney and indigent contribution fees, as there was no evidence the defendant had the ability to pay them.
Oregon law authorizes trial courts to ...
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More from this issue:
- $1.56 Million Settlement for Texas Jail Death Due to Drug Withdrawal, by Matthew Clarke
- Pharmacist Associations Take Stand Against Death Penalty, by Greg Dober
- Crime Labs Still in Crisis, by Matthew Clarke
- The Spread of Electronic Monitoring: No Quick Fix for Mass Incarceration, by James Kilgore
- News in Brief
- Maine Jail Raises Pigs to Feed Prisoners, Expands Organic Farm
- Third Circuit: Lack of Training for Jail Guards Bars Summary Judgment; $150,000 Settlement, by Mark Wilson
- Nebraska Supreme Court Upholds One-Hour Law Library Access, by Mark Wilson
- New York: Companies Settle Claims for Discriminating against Ex-Felons, by Gary Hunter
- California Supreme Court Restricts Life Without Parole Sentences for Juveniles
- Deferred Sentence Completion Automatically Restores Civil Rights in New Mexico, by Mark Wilson
- Seventh Circuit Reinstates Prisoner’s Eighth Amendment Suit; $26,875 Settlement on Remand, by Lonnie Burton
- Dismissal of Challenge to Texas City’s Sex Offender Restrictions Reversed, by Matthew Clarke
- Oregon Courts Must Give Notice before Amending Judgment, by Mark Wilson
- Civilly Committed Sex Offenders Increasingly Released in Wisconsin, by Matthew Clarke
- Lawsuit Over Suicide of Oregon Prisoner Settles for $100,000, by Mark Wilson
- Reading Death Row Prisoner’s Legal Mail States Sixth Amendment Claim, by David Reutter
- Third Circuit: No Supervisory Qualified Immunity for Prisoner Suicide, by Mark Wilson
- $345,000 Settlement in Michigan Detainee’s Suicide, by David Reutter
- Book Review: Abolishing the Broken U.S. Juvenile Justice System, by Hannah K. Gold
- San Antonio, Texas Leads the State in Jail Suicides, by Matthew Clarke
- Dismissal of Wrongfully Convicted Prisoner’s Fabricated Evidence Claims Upheld on Appeal, by David Reutter
- New York Settles Wrongful Conviction Claim for $2.7 Million, by Michael Brodheim
- Tasering Detainee as Corporal Inducement Violates Eighth Amendment, by David Reutter
- Video Shows Tulsa Jail Prisoner Subjected to “Horrific” Treatment Prior to Death
- Fifth Circuit Dismisses Female Immigration Detainees’ Sexual Assault Claims, by Matthew Clarke
- Overdose, Taser and Restraint Chair Combine to Kill Washington Prisoner
- $12,500 Settlement for Pennsylvania Prisoner Denied Medication, by David Reutter
- Report Highlights Health Concerns Related to Coal Ash Dump at Pennsylvania Prison, by David Reutter
- Locked Down, Locked Out: Why Prison Doesn’t Work and How We Can Do Better, by Maya Schenwar, by Gary Hunter
- Doctor of Death: Former Jail Physician Leaves Trail of Prisoner Deaths, Injuries, by Matthew Clarke
- Oregon Prison Guard Union Sues Mentally Ill Prisoners
- Second Circuit: Requiring Pretrial Detainees to Perform Forced Labor Unconstitutional; $15,000 Settlement on Remand, by Matthew Clarke
- Washington Enacts Wrongful Conviction Compensation Law; County Reneges on $10.5 Million Settlement with Exonerated Prisoners
- Second Circuit Affirms Muslim Prisoner’s Right Not to Drink Water during Ramadan, by Lonnie Burton
- New York Appellate Court Reverses Dismissal of Rikers Island Wrongful Death Suit, by David Reutter
- Unauthorized Oregon “Offense Surcharges” Reversed, by Mark Wilson
- Oregon: State Must Prove Defendant’s Ability to Pay Attorney Fees, by Mark Wilson
- Sixteen Maryland Prison Guards Sentenced for Severely Beating Prisoner
- Forty Defendants, Including 24 Guards, Convicted in Widespread Corruption Scandal at Baltimore City Jail, by Christopher Zoukis
- Maryland Cannot Compel Retroactive Sex Offender Registration
- Unexhausted Oregon Parole Claims Not Cognizable, by Mark Wilson
- Philadelphia Traffic Court Abolished; Seven Judges Convicted
- California Prisoner’s Conviction for Smuggling Tobacco Overturned, by Lonnie Burton
- Tenth Circuit Misses Chance to Limit Long-Term Solitary Confinement, by Derek Gilna
- Tennessee County Not Required to Pay for Medical Costs after Prisoner’s Release, by David Reutter
- From the Editor, by Paul Wright
- Lost and Improperly Destroyed Evidence Thwarts Post-Conviction DNA Testing, by Matthew Clarke
More from Mark Wilson:
- Indiana Prisoner Sues Prison Abolition Group, Wins $1,097 Default Judgment, April 26, 2024
- Eighth Circuit Affirms Denial of Qualified Immunity to Minnesota Jail Guard Accused of Grabbing and Squeezing Detainee’s Penis, Feb. 1, 2024
- Former Oregon Prison Nurse Gets 30 Years for Raping Prisoners, Dec. 1, 2023
- After Ninth Circuit Refuses to Compel Arbitration, National Class Certified in HRDC’s Challenge to Jail and Prison Debit Card Fees, Oct. 15, 2023
- Seventh Circuit Revives Illinois Prisoner’s Claim Over Knee Surgery Delayed 29 Months, Oct. 15, 2023
- Fourth Circuit Reinstates North Carolina Prisoner’s Suit, Finding Grievance Procedure Availability an Open Question, Oct. 15, 2023
- Congress Forces BOP to Upgrade Security Cameras, Sept. 15, 2023
- Oregon Will Hold Release Hearings for 73 Prisoners Sentenced to LWOP as Juveniles, Sept. 15, 2023
- Senators Slam “Egregious” Prisoner Sexual Abuse by BOP Employees, Sept. 15, 2023
- Minnesota Supreme Court Denies Qualified Immunity for Delayed Transfer of Sex Offenders, Sept. 15, 2023
More from these topics:
- Colorado Supreme Court Announces When Deciding Defendant’s Pro Se Motion Requesting Counsel on Postconviction Review, Trial Court Must Either Deny Entire Motion or Permit All Claims If Any Have Arguable Merit, Dec. 15, 2024. Appointment of Counsel, After Request for Counsel, Pro Se Issues.
- $25 Million Contempt Fine Prompts Release of Pretrial Detainees from Philadelphia Lockups, Dec. 15, 2024. Appointment of Counsel, Contempt (Civil Procedure), Bail/Pretrial Release, Fines.
- Indigent Defense: Appointed Counsel Does Not Mean Free Counsel, Dec. 1, 2024. Appointment of Counsel, Indigent Defense, Indigent Defendants - Fees and Expenses.
- In Oregon Case, Ninth Circuit Limits Pretrial Detention Without Counsel to Seven Days, Nov. 15, 2024. Appointment of Counsel, Pretrial Detention and Detainees, Speedy Trial Clock - Tolling of.
- $60,000 Settlement for Kansas Prisoner’s Excessive Force Claim, $578,000 for His Attorneys, Sept. 15, 2024. Attorney Fee Awards, Guard Brutality/Beatings, Settlements.
- Illinois Prisoner Awarded Over $822,000 For Hernia Care Denied by Wexford Health, July 1, 2024. Wexford Health Services, Failure to Treat, Attorney Fee Awards, Attorney Fees (PLRA), Damages - Punitive.
- Indiana Supreme Court Clarifies Framework for Determining When Courts May Apply Cash Bail to Public-Defender Costs and to Fines, Costs, and Fees, June 15, 2024. Appointment of Counsel, Costs, Restitution, Bail Bonds.
- Over $71,000 Awarded to Michigan Prisoner for Sexual Abuse by Guard, June 1, 2024. Staff-Prisoner Assault, Attorney Fee Awards, Damages.
- HRDC Awarded Over $130,000 in Legal Costs and Fees for Defendant’s “Bad Faith” in Maine Records Lawsuit, April 1, 2024. Attorney Fee Awards, Public Records Act, HRDC Litigation.
- South Carolina Sheriff Ordered to Pay $37,500 in Fees and Costs in Jail FOIA Case, March 1, 2024. Attorney Fee Awards, Public Records Act, Freedom of Information Act (FOIA).