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California Appellate Court Discusses Appointment of Counsel for Incarcerated Litigants
Loaded on Dec. 9, 2019
by David M. Reutter
published in Prison Legal News
December, 2019, page 23
Filed under:
Appointment of Counsel.
Location:
California.
by David M. Reutter
California’s Fifth Appellate District held on August 6, 2019 that trial courts are responsible for recognizing their discretionary duty to appoint counsel and experts to ensure indigent civil prisoner litigants are afforded meaningful access to the courts.
Before the Appellate District was an appeal brought by ...
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More from this issue:
- News in Brief
- Court Denies Arizona DOC’s Motion to Terminate Monitoring of Prisoners’ Out-of-Cell Time, by Douglas Ankney
- Criminal Justice Leaders Reject Attorney General’s “Tough on Crime” Attitude, by David M. Reutter
- Man Held in Jail Almost Three Months for Possession of ... Honey, by Dale Chappell
- Ninth Circuit Reverses Seizure of Funds from Federal Prisoner for Restitution, by Edward Lyon
- Medical, Mental Health Care Lacking at Florida Jail Despite 43 Years of Court Oversight, by David M. Reutter
- Los Angeles County to Pay $53 Million for Strip Searches of Female Prisoners, by Chad Marks
- Texas Jail Administrator Fired for Tampering with Government Documents, by Matthew Clarke
- Kansas Federal Court Holds U.S. Attorney’s Office in Contempt, by Matthew Clarke
- Summary Judgment Affirmed Against Publication in Civil Commitment Facility, by David M. Reutter
- Food Survey Reveals Washington State Prisoners’ Concerns and Complaints, by Matthew Clarke
- Solitary Confinement for Former Death Row Prisoner Held Unconstitutional, by David M. Reutter
- New York Stops Testing Probationers for Marijuana Use, by Dale Chappell
- Pennsylvania Prisoner Acquitted of Murder After 13-Year Battle – by Defending Himself in Retrial, by Kevin Bliss
- Ohio Mother Loses Children and Job Due to False Arrest, by Edward Lyon
- Project Hope Fights to End the Death Penalty ... from Death Row, by Bill Barton
- Colorado Prisoner Dies as Nurse Watches Videotape; $2.45 Million Settlement, by Edward Lyon
- Georgia Prison System Ordered to Amend Policy to Allow Three-Inch Beards, by David M. Reutter
- FAMM, Washington Lawyers’ Committee, NACDL Launch Compassionate Release Clearinghouse
- BJS Report Finds Sex Offenders Among Former Prisoners Least Likely to Re-Offend, by Scott Grammer
- Judicial Abuse and Law Enforcement Corruption on Trial in Meek Mill Case, by Kevin Bliss
- Illinois Prisoner Wins Partial Victory on Appeal in Hernia Treatment Suit, by Edward Lyon
- Many “Violent Offenders” Actually Committed Non-Violent Crimes, by Bill Barton
- Eighth Circuit Reverses District Court’s Order Requiring Halal Meals, by Chad Marks
- Over Three Decades Later, Turner v. Safley Still Controls Many Prisoner Lawsuits, by Matthew Clarke
- Life Sentence for Joyriding Overturned in California, by Scott Grammer
- Florida Prisoner Left a Quadriplegic After Brutal Beating by Guards, by David M. Reutter
- Overzealous Prosecutors Seek to Lock Up Prisoners Released Under First Step Act, by Chad Marks
- PLRA Does Not Prevent In Forma Pauperis Appeal of Case that Resulted in Third Strike, by Matthew Clarke
- Fourth Circuit Reverses Dismissal of Virginia Prisoner’s Hep C Lawsuit, by David M. Reutter
- Ninth Circuit: Prisoner’s Withdrawal of Consent for Magistrate Judge Improperly Denied, by Kevin Bliss
- Hickman’s Egg Farm Puts Prisoners to Work at High Cost to the Community, Residents Say, by Chad Marks
- Texas Counties Waste Millions by Jailing Defendants Charged with Citation-Eligible Misdemeanors, by Matthew Clarke
- Companies Compete to Build New Alabama Prisons, by David M. Reutter
- Family Sues New Jersey Jail Over Prisoner Suicide, by Edward Lyon
- Prisoners at Indiana Jail Certified as a Class in Conditions of Confinement Suit, by Kevin Bliss
- Fourth Circuit Agrees Virginia’s Death Row Conditions Violated Eighth Amendment, by Scott Grammer
- Colorado Prisoner Receives $200,000 Settlement in Excessive Force Case, by Scott Grammer
- New York State Prisoners Sue to Get Their Pain Medications Back, by Kevin Bliss
- Pennsylvania and Utah Expunge Criminal Cases to Help People Get Jobs, Find Housing, by Dale Chappell
- $2 Million Settlement After Woman Dies While Jailed for Unpaid Traffic Tickets, by Anthony Accurso
- Four Ohio Prisoners Shackled to Table Stabbed by Fellow Prisoner, by Scott Grammer
- Eighth Circuit Reverses Dismissal of Prisoner’s Suit Over Inadequate Shoes, by Chad Marks
- Qualified Immunity Denied when Pretrial Detainees Deprived of Water at Illinois Jail, by David M. Reutter
- The Cost of Wrongful Convictions
- New York City’s Rikers Island Jail Expected to Close by 2026, by Chad Marks
- Seventh Circuit Reverses Two PLRA Dismissals for Failure to Comply with Court Forms, by Edward Lyon
- California Appellate Court Discusses Appointment of Counsel for Incarcerated Litigants, by David M. Reutter
- Florida Victims’ Rights Law Creates Confusion, Limits Time for Appeals, by David M. Reutter
- Lawsuit Proceeds Over Conditions at Orange County, California Jail, by Edward Lyon
- Local Taxpayers Face Higher Taxes, Crime Rates Due to Death Penalty Trials, by Dale Chappell
- HRDC Files Suit Against Michigan DOC Over Systemic, Statewide Censorship
- Class Action Certified in Pennsylvania Jail Gender Discrimination Suit, by Matthew Clarke, David M. Reutter
- From the Editor, by Paul Wright
- Wasted Minds: Prisoners Languish in Florida Prisons with Little Access to Education, by Josh Salman, Ryan McKinnon
More from David M. Reutter:
- Fifth Circuit Kills Suit by Louisiana Prisoners Whose Release Dates Were Incorrectly Calculated, Aug. 15, 2023
- Federal Court Upholds and Monitors Requirement for Tennessee Jail to Provide COVID-19 Vaccination for Detainees, July 15, 2022
- Federal Courts Order Seizure of Canteen Funds for Restitution Owed by High-Profile Prisoners, July 15, 2022
- California Court Rules Bail Bond Companies Must Give Cosigners Financial Impact Notice, July 15, 2022
- Supreme Court of Kansas: Lower Court Did Not Have Authority to Revoke Probation Without a Warrant, July 15, 2022
- Idaho Supreme Court: Telephonic Testimony Violated Defendant’s Sixth Amendment Right to Confrontation, June 15, 2022
- Ohio Supreme Court: Constitutionality of Indeterminate Sentence Under Reagan Tokes Law May Be Challenged on Direct Appeal, June 15, 2022
- Supreme Court of Iowa: Sentence Vacated Because Prosecution Failed to Follow Spirit of Plea Agreement Requiring Recommendation of Suspended Sentence, June 15, 2022
- Wisconsin Prisoner In Vegetative State After Suicide Attempt Wins New Trial on Jury Instruction Error, July 1, 2021
- Illinois Prisoner’s Negligence Lawsuit Alleging Injuries from Wart Treatment Timely Filed, July 1, 2021
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.
- 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.
- Nevada Prisoner Wins Injunction Requiring DOC to Provide Exercise Despite Guard Shortage, Jan. 1, 2024. Staffing, Exercise, Appointment of Counsel, Injunctions (PLRA), Preliminary Injunctions/TRO's, Class Actions, Right to Exercise.
- After Mississippi Supreme Court Announcement, Courts Unprepared to Ensure Poor Defendants Have a Lawyer Throughout the Criminal Process, Dec. 15, 2023. Appointment of Counsel, Counsel - Right to.
- Eighth Circuit: Defendant Facing Revocation of Supervised Release Did Not Knowingly and Voluntarily Waive Right to Counsel Where Appointed Counsel Admittedly Knew Nothing About Case and Advised Choosing Between ‘Big House or the Nut House’, April 15, 2023. Appointment of Counsel, Mental Health, Knowingly and Intelligently, Counsel - Right to.
- Colorado Supreme Court Announces Courts Not Required to Address All 11 Brown Factors in Ruling on Defendant’s Motion for Continuance to Change Counsel, Aug. 15, 2022. Appointment of Counsel, Ends of Justice Continuances, Counsel - Effective Assistance of.
- Colorado Supreme Court Announces Parents’ Income That’s Unavailable to Defendant Who Lives With Them Expense-Free Not Included in Indigency Determination for Court-Appointed Counsel, May 1, 2022. Appointment of Counsel, Indigent Defendants - Fees and Expenses.