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Second Circuit Revives N.Y. Prisoner’s Suit Over Sing Sing Fire, 11 Other Prisoners Split $220,000 Settlement by On July 17, 2023, the U.S. Court of Appeals for the Second Circuit reversed a lower court’s dismissal of a prisoner’s suit filed in connection with the fire at Sing Sing Correctional Facility …
Article • April 1, 2020 • from PLN April, 2020
Seventh Circuit Appeals Court Upholds Ruling Against Wisconsin Prisoner’s Medical Negligence Claim by Kevin Bliss by Kevin Bliss A Seventh Circuit Court of Appeals ruled on October 29, 2019 that there was a rational basis for the jury to determine that nurse Angela McLean and guard Joseph Cichanowicz did not …
Article • March 6, 2018 • from PLN March, 2018
Alaska: Jurors’ Explanation of Negligence Verdict Doesn’t Warrant New Trial by In May 2017, the Alaska Supreme Court upheld a lower court’s denial of a prisoner’s motion for a new trial based on juror comments about the rationale for their verdict. Alaska prisoner Richard A. Mattox was watching television with …
Stipulation to Admit Video Created Error When Video Was Excluded at Trial by On July 14, 2017, the Seventh Circuit Court of Appeals remanded a civil rights action for a new trial after it found the exclusion of a video left it with “no assurance that [the plaintiff’s] claim was …
Article • January 8, 2018 • from PLN January, 2018
Seventh Circuit: Court Erred in Dismissing Prisoner’s Suit for Failure to Include Trust Account Ledger by Matthew Clarke by Matt Clarke On February 7, 2017, the Seventh Circuit Court of Appeals held that a district court erred when it dismissed a prisoner’s civil rights lawsuit that was brought in forma …
New Jersey District Court as Gatekeeper in I.N.S. Expert Witness Case by New Jersey District Court as Gatekeeper in I.N.S. Expert Witness Case The United States District Court for the District of New Jersey entered, on June 25, 2007, their decision in a Daubert case involving the admissibility of proposed …
Article • November 18, 2015
Appeals Court Reverses $14 Million Award for Wrongfully Convicted Prisoner by Appeals Court Reverses $14 Million Award for Wrongfully Convicted Prisoner On January 31, 2013, the United States Courts of Appeals for the First Circuit reversed and remanded for retrial a case that concluded with a $14,000,000 damages award for …
Article • November 13, 2015
Filed under: Evidentiary Ruling, Appeals
Oregon Conviction Tainted by Detective’s claimed Ability to Detect Lies by Mark Wilson Oregon Conviction Tainted by Detective’s claimed Ability to Detect Lies by Mark Wilson On November 26, 2013, the Oregon Court of Appeals reversed a drug conviction, holding that a jury was unfairly prejudiced by a detective’s claim …
Article • November 10, 2015
Michigan Federal Court Has Granted Motion to Compel Law Enforcement Officers to Produce Documents by Michigan Federal Court Has Granted Motion to Compel Law Enforcement Officers to Produce Documents The U.S. District Court for the Eastern District of Michigan has granted in part a motion to compel the defendants, law …
United States District Court Magistrate Rules on Discovery Issues in Prison Gang Death by United States District Court Magistrate Rules on Discovery Issues in Prison Gang Death On November 21, 2013, in the U.S. District Court for the District of Hawaii, a magistrate judge denied in part and granted in …
Article • October 19, 2015
Massachusetts Supreme Court Rules on Fallout Procedures Implemented After Crime Lab Scandal by Matthew Clarke Massachusetts Supreme Court Rules on Fallout Procedures Implemented After Crime Lab Scandal by Matt Clarke On July 22, 2013, the Supreme Court of Massachusetts issued an opinion in three cases dealing with the validity of …
Article • October 19, 2015
$40,000 for DUI Suspect over Destroyed Exculpatory Video by $40,000 for DUI Suspect over Destroyed Exculpatory Video A jury in the United States District Court for the Western District of Wisconsin decided, in December 2009, in favor of plaintiff Troy Scheffler in the amount of $40,000 for the county willfully …
Federal Court Enforces $975,000 Settlement Agreement in Case Involving Sheriff Arpaio by Federal Court Enforces $975,000 Settlement Agreement in Case Involving Sheriff Arpaio An agreement to settle a lawsuit filed against Maricopa County and its sheriff, Joe Arpaio, was enforced by the Ninth Circuit Court of Appeals in a ruling …
Article • January 10, 2015 • from PLN January, 2015
Introduction of Nolo Plea to Challenge Prisoner’s Credibility was Error by David Reutter 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 …
Article • July 11, 2014 • from PLN July, 2014
New York Prisoner Awarded Sanctions for Spoliation of Evidence; Case Settles for $500,000 by Mark Wilson New York Prisoner Awarded Sanctions for Spoliation of Evidence; Case Settles for $500,000 by Mark Wilson On September 4, 2013, a New York federal district court held that a jail official was precluded from …
California: Prior Conviction for Being a “Felon in Possession of Firearm” Admissible as Evidence in Subsequent Criminal Trials by The California Court of Appeal has held that a prior conviction for being a felon in possession of a firearm is a crime of moral turpitude, and therefore that evidence of …
Article • February 15, 2012
Award for Freed Prisoner Vacated by Louisiana Appellate Court by On February 20, 2008, the First Circuit Louisiana Court of Appeals vacated and remanded for further proceedings a trial court’s judgment awarding a former prisoner compensation for a wrongful conviction and imprisonment. Calvin Williams was convicted in 1977 of first-degree …
Article • November 15, 2011
Forcible Removal of Drugs from Rectum Does Not Violate Fourth Amendment by Brandon Sample By Brandon Sample U.S. Magistrate Judge H. Bruce Guyton recommended the denial of a motion to suppress evidence recovered from a defendant’s rectum during a forced body cavity search. Felix Booker was taken to the emergency …
Virginia Supreme Court Says Plethysmograph Evidence Inadmissible by The Virginia Supreme Court has held that plethysmograph evidence is inadmissible in all judicial proceedings without foundation as to reliability. Matthew Edwards Billips committed several sex offenses involving young children when he was 18 years old. He was convicted of those offenses …
Article • July 15, 2011
Administrative Forfeiture of Assets Requires Notice by The Fifth Circuit Court of Appeals has held that an evidentiary hearing must be held to determine if constitutional notice was given by the Drug Enforcement Agency (DEA) to administratively forfeit $13,000. That holding comes after a Mississippi federal district court held the …
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