×
You've used up your 3 free articles for this month. Subscribe today.
Seventh Circuit: Indiana District Court Erred in Denying Counsel to Prisoner
by David M. Reutter
On March 4, 2020, the U.S. Court of Appeals for the Seventh Circuit held an Indiana federal district court abused its discretion in denying a prisoner’s motion for appointment of counsel in a civil rights lawsuit.
That ruling came in an appeal brought …
Full article and associated cases available to subscribers.
As a digital subscriber to Prison Legal News, you can access full text and downloads for this and other premium content.
Already a subscriber? Login
More from this issue:
- What’s Justice Got to Do with It?, by Doran Larson
- From the Editor, by Paul Wright
- Can the Pandemic Undermine Mass Incarceration?, by Jayson Hawkins
- Animal Shelters Provide Cooler Temperatures Than Florida Prisons in Summer, by David Reutter
- North Carolina Criticized for Prisoner Transfers During Pandemic, by Edward Lyon
- Report: Arkansas Let Asymptomatic Prison Employees Infected with Coronavirus Continue to Work, by David Reutter
- $550,000 Settlement in Georgia Prisoner’s Starvation Death, by David Reutter
- COVID-19 in Hawaii’s Lockups: Still a Success Story but Cracks Starting to Show, by Edward Lyon
- Disabled Detainee at Cook County Jail Wins Class Certification in Lawsuit, by David Reutter
- The Latest News on How to Protect Yourself From Infection, by Michael D. Cohen, MD
- Prisons Banning Black Culture and History Books, by Edward Lyon
- ICE Deportations Fueling Spread of COVID-19 to Latin American Countries, by Dale Chappell
- Jails and Prisons Have Reduced Their Populations in the Face of the Pandemic, but Not Enough To Save Lives, by Emily Widra, Peter Wagner
- The Prison Was Built to Hold 1,500 Inmates. It Had Over 2,000 Coronavirus Cases, by Dara Lind
- How Long Can You Hide a Dead Body in a Prison Cell?, by Keri Blakinger
- Interview: Jodie Sinclair on Her New Book, “Love Behind Bars”, by Ken Silverstein
- Interview: Corene Kendrick on How the Prison Litigation Reform Act Strips Prisoners of Legal Rights, by Ken Silverstein
- Pay Up or Lockup: Housing Shortage Kept Cash-Poor Parolees Behind Bars, by Ike Swetlitz
- Ohio Jails Under Investigation, by Jayson Hawkins
- Colorado Explores Ending Private Prisons, by Jayson Hawkins
- San Francisco Eliminates Fees on Jail Phone Calls, by Mark Wilson
- Maine DOC, Medical Provider, Pay $250,000 Settlement Due to Excessive Force on 11-Year-Old, by Mark Wilson
- Consultants Advising Rich on Prison Life, by Kevin Bliss
- Wisconsin: Court Dismisses Prisoners’ Suit Over Asbestos, Mold on Procedural Grounds, by Chad Marks
- Does Increased Guard Violence Mean Texas Prisoners Are at Greater Risk?, by Matthew Clarke
- Transgender Woman Who Says She Was Raped, Beaten, Sues Brooklyn Metropolitan Detention Center
- BOP Official Reportedly Had Sexual Relationship With Former Police Union Head, by Bill Barton
- Can Kentucky Keep Charging Prisoners for Their Jail Stay if They Are Found Not Guilty?, by Dale Chappell
- Doctor at Florida Detention Center Spread COVID-19 to Prisoners, by David Reutter
- Prison Art is Rehabilitation, by Kevin Bliss
- D.C. Appeals Court Mixed on Request for Records and Video, by David Reutter
- Rhode Island Takes Uncommon Steps to Address a Common Problem: Drug Addiction in Prison, by Dale Chappell
- From Super Villain to Super Man, Tennessee Prisoner Still Executed, by Edward Lyon
- Record Number of Laws Passed Reducing Barriers for People With Criminal Records, by Douglas Ankney
- Tioga County, New York Police Informant Paid $50,000 to Settle False Arrest Claims, by Mark Wilson
- New York Prisoner Prevails in Lawsuit, Freed from 23 Years in Solitary Confinement, by Douglas Ankney
- Second Circuit Vacates Summary Judgment on Connecticut Prisoner’s Failure to Protect Claim, by Mark Wilson
- Lifers Now Exceed Entire Prison Population of 1970, by Dale Chappell
- Many of Aging Kansas State Prison Population Could Be Released, by Edward Lyon
- $2.8 Million Settlement in New York Pretrial Detainee’s Suicide, by David Reutter
- Study Shows Solitary Confinement Poses Mortality Risk After Release, by Jayson Hawkins
- Dallas County, Texas Jails Finally Enter the 21st Century on Phone Rates, by Edward Lyon
- Federal Judge: BOP Exercising “Reasonable Efforts” Against Coronavirus at NC Prison, by David Reutter
- Beyond Harsh: 86 Mississippi Prisoners Serving Life Without Parole for Nonviolent Offenses, by Matthew Clarke
- United Nations Official Says Connecticut’s Use of Solitary May Amount to Torture, by David Reutter
- Court Approves $1,250,000 Settlement in Suit Against Tennessee County for Fair Labor Violations, by Douglas Ankney
- New Jersey: Commission Recommends State Take 100 Steps to Improve Re-Entry for Ex-Prisoners, by Chad Marks
- Williams & Connolly, HRDC Win Censorship Case Against Virginia Regional Jail, $210,000 in Attorney Fees, by Derek Gilna
- Kansas Leads Country in Female Incarceration Rates, by Kevin Bliss
- Court Orders South Carolina Prisons to Move Forward with Hepatitis C Treatment, by Kevin Bliss
- New Law in Maryland Reveals Pathetic Prison Wages, by Jayson Hawkins
- DC Council Approves Voting in Prison Ahead of November Election, by Nicole D. Porter
- BOP Guard Pleads Guilty to Sexually Molesting Prisoners at MCC Manhattan, by Dale Chappell
- Supreme Court Affirms Lower-Court Dismissal of Colorado Prisoner In Forma Pauperis Actions, by Derek Gilna
- Seventh Circuit: Indiana District Court Erred in Denying Counsel to Prisoner, by David Reutter
- News in Brief
More from David Reutter:
- Sixth Circuit Announces State-Law Exceptions to Appeal Deadlines Preserve “Pending” Status Under AEDPA, Holding Belated-Appeal Procedures Toll Federal Habeas Limitations Period, April 1, 2026
- Florida Supreme Court Announces Rule 3.170(f)’s Good-Cause Plea-Withdrawal Standard Does Not Apply at Post-Appeal Resentencing, April 1, 2026
- Colorado Supreme Court Announces Defendant Must Be Competent Before Undergoing Mental-Condition Examination Under § 16-8-107(3)(b), April 1, 2026
- California Court of Appeal Announces Plea Agreements Cannot Bar § 1172.1 Resentencing, Holds Merit-Based Denial of Petition Is Appealable, April 1, 2026
- Georgia Supreme Court Clarifies That Failure to Object to Ineligible Juror Does Not Constitute Waiver Unless Party Knew or Could Have Discovered Ineligibility Through Ordinary Diligence, April 1, 2026
- Washington State Guard’s Conviction Affirmed in Self-Inflicted Gunshot Wound Scheme, March 1, 2026
- Massachusetts Supreme Judicial Court Holds Motion Judge Abused Discretion by Denying Evidentiary Hearing on IAC Claim Where Plea Counsel’s Affidavit Was Not Inherently Inconsistent With Colloquy Statements Regarding Immigration Advice, March 1, 2026
- Washington Supreme Court Clarifies Double Jeopardy Analysis for Multiple Assault Convictions, Holding That Assaultive Acts Occurring Over Short Time Period in Same Location Without Intervening Events Constitute Single Course of Conduct, March 1, 2026
- New Jersey Supreme Court Reverses Drug Convictions Under Cumulative Error Doctrine, Holding Combined Effect of Improper References to Television Series, Gun Violence, and Search Warrants Deprived Defendant of Fair Trial, March 1, 2026
- New York Court of Appeals Announces Coercive Police Tactics Compelling Suspect to Exit Home Constitute “Constructive Entry” Violating Payton, Holds Attenuation Analysis Applies to Third-Party Consent, March 1, 2026
More from these topics:
- Oregon Supreme Court Announces Bright-Line Rule Requiring Dismissal Without Prejudice When State Fails to Appoint Counsel for Eligible Criminal Defendant Within 60 Days in Misdemeanor Cases or 90 Days in Felony Cases Post-Arraignment, March 1, 2026. Appointment of Counsel, Public Defenders, Indigent Defense, Constitution, state, Counsel - Right to.
- Competency Crisis in Missouri’s Jails, Feb. 1, 2026. Jail Specific, Failure to Treat (Mental Illness), Pretrial Detention and Detainees, Competency, Competency Hearing.
- Delaware Supreme Court Announces Trial Courts Must First Resolve Defense Counsel’s Motion to Withdraw Before Addressing Defendant’s Plea-Withdrawal Request, Holding Failure to Do So Violates Sixth Amendment Right to Counsel, Jan. 1, 2026. Appointment of Counsel, Sixth Amendment, Counsel - Constructive denial of, Self-representation, Withdrawal.
- Rhode Island Supreme Court Announces Indigent First-Time Applicant for Postconviction Relief Entitled to Counsel Even When Not Requested; Superior Court Must Determine Whether Applicant Intended to Waive Right to Counsel and Whether Done Knowingly, Vol, May 15, 2025. Appointment of Counsel, Counsel - Right to, Counsel - Constructive denial of.
- 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.
- North Carolinian Left in Jail Awaiting Trial for 11 Years, May 1, 2024. Pretrial Detention and Detainees, Competency, Competence of Defendant.

