by Lonnie Burton
On March 22, 2016, a New Jersey appellate court affirmed the dismissal of an indictment that charged a sex offender with violating a statute which forbids such offenders from participating in "youth serving organizations." The court of appeals held that the church for which the man was ...
by Lonnie Burton
On June 24, 2016, the Supreme Court of Iowa rejected the appeal of man who claimed his Sixth Amendment right to counsel was violated when he was denied the right to make a private phone call to his attorney for advice as to whether he should comply ...
by Lonnie Burton
On March 14, 2016, the Ninth Circuit U.S. Court of appeals vacated a district court ruling which dismissed a class action sexual harassment complaint brought by female Arizona prison guards. The appellate court held that the district court erred in dismissing the lawsuit on several bases, including ...
by Lonnie Burton
In a Memorandum & Order dated December 21, 2016, United States District Court Judge Nicholas G. Garaufis, adopted in full a magistrate's Report & Recommendation (R&R) granting just over $20,000 in attorney's fees and costs to Plaintiff's attorneys in a lawsuit against members of the New York ...
by Lonnie Burton
On October 20, 2016, a New York state appeals court upheld a ruling by a judge of the Family Court of Warren County denying a petition by an incarcerated father which sought to require the unmarried mother of his son to bring the child to prison for ...
by Lonnie Burton
On December 17, 2014, the New York Court of Appeals reversed a Supreme Court order which revoked the out-patient treatment of a sex offender and directed that he be civilly confined. (In New York, a supreme court is equivalent to a trial court.) The Court of Appeals ...
by Lonnie Burton
On September 30, 2016, a New York appellate court upheld the dismissal of a state prisoner's claim that he was unlawfully confined following a guilty finding at a prison disciplinary proceeding. The court found that while the prisoner's request for three witnesses was improperly denied, he failed ...
by Lonnie Burton
On November 17, 2016, the Supreme Court of New Hampshire affirmed the murder conviction of a prisoner who killed a fellow prisoner. In doing so, the court held that evidence of the defendant's gang affiliation, and the gang's structure and rules, etc., were properly admitted at trial. ...
by Lonnie Burton
Attorney Donald York Evans and his client John Witherow, a Nevada state prisoner, filed a federal civil rights lawsuit challenging the monitoring of privileged phone calls between them. After lengthy proceedings the suit was dismissed.
The Nevada Department of Corrections (DOC) has a policy of initially screening ...
by Lonnie Burton
On March 22, 2016, the Supreme Court of Montana approved a district court order terminating the parental rights of a father serving a ten year prison sentence, but held that the lower court's use of incarceration as a reason for revoking his rights was improper. However, the ...
