Wyoming prisoner Gary Lee Belden, sentenced in Wyoming state court to life imprisonment, has been denied relief by the U.S. Court of Appeals for the Tenth Circuit for alleged violations of his constitutional right to access the courts while he was incarcerated outside the state of Wyoming. The Appellate Court ...
The U.S. Court of Appeals for the 1st Circuit has affirmed the judgments entered against the Federal Bureau of Investigation, (FBI), under the Federal Tort Claims Act, (FTCA). In the most recent chapter of the various civil claims against the FBI stemming from murders committed by Boston mobster and FBI ...
Dr. John Handron, a psychologist, failed in his attempt to win reimbursement for tens of thousands of attorneys' fees from the government he had incurred in defending the government's claim that he had overbilled Medicare more than $600,000. An ALJ proceeding found the figure to actually be $5,434.48, and Dr. ...
Mark Allen Youngs pleaded guilty to child pornography offenses, and as part of the sentencing process was advised by the district court of his various rights under Rule 11, but was not advised of possible ramifications of his guilty plea under 18 U.S.C. Section 4248(a)(2006), also known as the Adam ...
The nation's economy remains fragile, U.S. troops continue to fight a losing war in Afghanistan, North Korea has recently threatened a nuclear attack, and in March 2013 Congress and President Obama failed to reach a compromise to prevent the “sequester,” which mandates deep spending cuts on the federal level. Yet ...
In a case featuring especially egregious prosecutorial misconduct by Assistant U.S. Attorney Jerry Albert in prosecution of Defendant-Appellant Aurora Lopez-Avila, the 9th Circuit has refused defense efforts to dismiss the indictment on double-jeopardy grounds. The defense had consented to a mistrial in the original proceeding where Albert was found to ...
Eugene Sunday argued that computer and mental health conditions of the supervised release portion of his sentence constituted an occupational restriction unsupported by the Guidelines Manual of the U.S. Sentencing Commission, (USSG), Section 5F1.5. The district court had imposed the following special conditions of supervised release: "(1) The defendant shall ...
In a case brought under 42 U.S.C. 1983, the U.S. Court of Appeals for the Fourth Circuit has ruled that the Virginia Freedom of Information Act (VFOIA), Section 2.2-3700 et seq. (2011), "does not violate the Appellants' rights under the Privileges and Immunities Clause (U.S. Const. art. IV, Section 2, ...
On December 18, 2007 the United States District Court for the District of Columbia has refused a request by the District of Columbia and others, in a consolidated civil action brought before it, to compel production of “all documents in Plaintiffs’ possession, custody or control, or to which Plaintiffs’ attorney ...
The Supreme Judicial Court for the county of Suffolk, Massachusetts dismissed the case of David Gangi, confined pursuant to G.L. c 123A, Section 13(a) to determine whether or not "probable cause exists to believe that the person named in the petition is a sexually dangerous person." The statute requires that ...
