Skip navigation

Articles by Matthew Clarke

Texas Court of Appeals: No Law Library Access Right for Prisoner Who Waives Appointed Counsel

Texas Court of Appeals: No Law Library Access Right for Prisoner
Who Waives Appointed Counsel

By Matt Clarke

On April 30, 2008, a Texas court of appeals ruled that a prisoner who waived his right to counsel in a criminal case has no right of access to a law library. ...

Mandamus Issued Voiding Texas Court’s Seizure Of Trust Fund without Process

by Matt Clarke

A Texas court of appeals has conditionally granted a prisoner’s petition for a writ of mandamus, voiding a district court’s order garnishing funds from the prisoner’s trust fund to pay court costs in an old case.

Roger L. Keeling, a Texas state prisoner, was convicted in 1992 ...

Texas Prisoner's Premises Defect Suit Against Dallas County Reinstated

by Matthew T. Clarke

A Texas court of appeals has reinstated the pro se, in forma pauperis negligence and premises defect tort suit brought by a Texas prisoner against Dallas County and the Sheriff of Dallas County after finding that the trial court abused its discretion in dismissing the suit. ...

Impartial Prison Disciplinary Hearing Officials Required in Nevada

By Matt Clarke

On February 9, 2009, a Nevada state court restored the statutory good conduct time lost by a prisoner in a disciplinary proceeding in which the presiding official was biased.

Brian Eugene Lepley, a Nevada state prisoner, was charged with the disciplinary infraction of knowing he was infected ...

Seventh Circuit: No Public Interest Requirement in Prisoner's First Amendment Retaliation Suit

by Matt Clarke

On March 4, 2009, the Seventh Circuit court of appeals held that a prisoner who alleges retaliation for free speech was not required to show that the speech engaged in concerned a matter of public interest.

Jimmy D. Bridges, a Wisconsin state prisoner, filed a civil rights ...

Fifth Circuit: No Mailbox Rule for Texas State Habeas Actions

By Matt Clarke

On November 7, 2007, the Fifth Circuit court of appeals ruled that the "mailbox rule" did not apply to Texas state habeas corpus actions.

Gene Edward Howland, a Texas state prisoner, delivered a state petition for a writ of habeas corpus to prison officials for mailing to ...

Fifth Circuit: No First Amendment Right to Use Vulgarity in Legal Mail

By Matt Clarke

On June 8, 2009, the Fifth Circuit court of appeals held that a Texas prisoner has no First Amendment right to use profanity in legal mail directed at opposing counsel and the Fourteenth Amendment did not protect his good time credits from forfeiture in disciplinary action resulting ...

Illinois Department of Corrections Must Pay Attorney For Indigent Committed Under Sexually Dangerous Persons Act

By Matt Clarke

An Illinois court of appeals has held that the Illinois Department of Corrections (DOC) must pay the court costs and attorney fees for an indigent person committed under the Illinois Sexually Dangerous Persons Act (SDPA), 725 Ill. Comp. Stat. Ann. 205/0.01 et seq., who applied for discharge. ...

Arizona Reverses Denial of Attorney Fees In Arpaio Public Records Case

By Matt Clarke

An Arizona court of appeals has reversed the denial of attorney fees and award of costs to defendants in a suit brought to compel Maricopa County Sheriff Joseph M. Arpaio to produce public records.

In 2004, the Phoenix New Times (PNT), made nine requests of the Maricopa ...

Fifth Circuit: Federal Government May Collect Restitution Up To 20-Years

By Matt Clarke

The Fifth Circuit court of appeals held that the government may place a lien on property to collect restitution for up to twenty years after the judgment, even if the victim has waived collection of the restitution.

In 1992, David B. Ridgeway was convicted of 22 federal ...