Florida Supreme Court: Review of Parole Commission Revocation Order Limited
by David M. Reutter
On January 23, 2014, the Florida Supreme Court quashed an appellate court’s order because it exceeded the scope of second-tier review of a prisoner’s habeas corpus petition challenging the revocation of his conditional …
Georgia: Mandamus Available to Compel Law Library Access
by David Reutter
he Georgia Supreme Court held in February 2014 that a trial court erred in denying the filing of a prisoner’s petition for mandamus seeking access to a law library.
After being sentenced to life plus …
Malpractice Suit Proceeds against Michigan Defense Attorney in Wrongful Conviction Case
by David Reutter
A former prisoner whose sexual assault conviction was reversed after he served seven years in prison can sue his attorney for malpractice after the Michigan Supreme Court denied leave to appeal an appellate …
Introduction of Nolo Plea to Challenge Prisoner’s Credibility was Error
by David M. Reutter
The Third Circuit Court of Appeals held in January 2014 that a Pennsylvania federal district court erred when it allowed into evidence a nolo contendere (no contest) plea for the purpose of challenging …
Prisoner’s Request for Medical Care after Signing Refusal Form Precludes Summary Judgment
by David M. Reutter
The Eleventh Circuit Court of Appeals has reversed a summary judgment order for the defendants in a former prisoner’s civil rights suit that alleged he was denied medical care after prison …
RLUIPA Explained in Tenth Circuit Decision re Denial of Sweat Lodge Access
by David M. Reutter
On January 23, 2014, the Tenth Circuit reversed a grant of summary judgment to prison officials in a civil rights action alleging violations of the Religious Land Use and Institutionalized Persons …
Virginia Prison’s Policy Requiring Physical Indicia of Faith for Religious Sincerity Held Unconstitutional; Suit Settles for $3,795
by David M. Reutter
The Fourth Circuit Court of Appeals has vacated a summary judgment order in favor of prison officials entered in a lawsuit challenging a prison policy that …
Florida Death Row Prisoner Entitled to Prison and Medical Records
by David M. Reutter
On December 19, 2013, the Florida Supreme Court held that a death-sentenced prisoner was entitled to receive his prison and medical records once the governor signs a death warrant; however, he was not …
Admission of Jail Disciplinary Records at Criminal Trial May Violate Confrontation Clause
by David M. Reutter
The Texas Court of Appeals, First District, held in December 2013 that the admission of jail disciplinary records at a penalty phase hearing in a criminal trial violated the Confrontation Clause …
When Attorneys Fumble, Defendants Face Consequences
by David M. Reutter
The right of defendants facing criminal charges to be represented by counsel is the bedrock of our criminal justice system, expressly enshrined in the Sixth Amendment.
An underlying doctrine to that right holds that counsel becomes …
