Alaska Filing Fee Statute Denies Prisoners Court Access
by Mark Wilson
In December 6, 2013, the Alaska Supreme Court held that barring an indigent prisoner from filing an appeal due to inability to pay the filing fee deprived him of his fundamental right of access to the courts.
In May ...
No Jury Determination of Oregon Juvenile Restitution
by Mark Wilson
On October 3, 2013, the Oregon Supreme Court held that juveniles do not have a constitutional right to a jury determination of the amount of restitution they owe.
Prior to 2003, Oregon judges had discretion to award ...
Iowa Parole Search Condition is Not Search Consent; Warrantless Search Violated Iowa Constitution
by Mark Wilson
The Iowa Supreme Court held that a warrantless search of a parolee’s home violated the Iowa Constitution.
Christina Kern was placed on parole after her third driving while intoxicated conviction. Kern’s ...
Incarceration is Excusable Default in New York Housing Court Proceeding
by Mark Wilson
On October 7, 2013, the New York City Housing Court held that a tenant who could not attend court proceedings due to incarceration was entitled to relief from a default judgment.
Otto Thompson, 57, who is disabled, ...
Transferred Prisoner May Sue Oklahoma Officials in Oregon Court
by Mark Wilson
In an October 9, 2013 ruling, the Oregon Court of Appeals held that Oregon courts have personal jurisdiction over Oklahoma prison officials with respect to claims brought by an Oregon prisoner transferred to Oklahoma.
In May 2007, Oregon ...
Seventh Circuit: Indiana Malicious Prosecution Claim Cognizable via § 1983
by Mark Wilson
On October 21, 2013, the Seventh Circuit Court of Appeals reversed a district court’s dismissal of a former prisoner’s malicious prosecution claim.
While investigating a March 2001 burglary-arson at a high school in Frankton, Indiana, police officers, ...
Washington Supreme Court Recognizes Racial Bias in Jury Selection but Fails to Take Action
by Mark Wilson
"Peremptory challenges are used in trial courts throughout this state, often based largely or entirely on racial stereotypes or generalizations,” declared Washington State Supreme Court Justice Steven Gonzalez. “As a result, many qualified ...
Oregon Attorney Fee Repayment Requires Showing of Ability to Pay
by Mark Wilson
On October 9, 2013, the Oregon Court of Appeals held that a trial court lacked the authority to require a criminal defendant to pay $37,400 in court-appointed attorney fees.
Oregon criminal defendants may be ordered to pay ...
Ninth Circuit Again Rejects California’s Resistance to ADA Obligations
by Mark Wilson
On October 4, 2013, the Ninth Circuit Court of Appeals affirmed a district court order requiring California prison officials to disseminate and implement a previously-negotiated County Jail Plan for disabled prisoners and parolees.
As previously reported in PLN ...
Kansas DNA Testing Eligibility Extended to Second-Degree Murder
by Mark Wilson
The Kansas Supreme Court held on October 4, 2013 that a state law denying DNA testing to prisoners convicted of second-degree murder violates the Equal Protection Clause of the Fourteenth Amendment.
Kansas prisoners convicted of first-degree murder or rape ...
