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Article • September 30, 2022 • from PLN October, 2022
Filed under: Family Law
California Appeals Court Lets CDCR Define Term Adopted From Legislation by Kevin Bliss by Kevin W. Bliss Is a man your mother marries after you grow up and leave home your stepfather? What if she dies — is he still your stepfather then? The questions sound like parlor games, but …
Brief • November 21, 2017
Moana v. Wong, HI, Opinion, Petitions for Writ of Mandamus, 2017 ***FOR PUBLICATION IN WEST’S HAWAIʻI REPORTS AND PACIFIC REPORTER*** Electronically Filed Supreme Court SCPW-17-0000171 21-NOV-2017 09:32 AM IN THE SUPREME COURT OF THE STATE OF HAWAIʻI ---o0o--SI UFAGA MOANA, Petitioner, vs. THE HONORABLE FRANCES Q. F. WONG, Judge of …
Article • March 14, 2017
Filed under: Family Law
Divorce Granted to Wife of Incarcerated Man Vacated By Georgia Supreme Court after Multiple Appeals by On November 7, 2016, the Georgia Supreme Court set aside a trial court decision granting a divorce judgment to the spouse of an incarcerated man. The state high court held there was no evidence …
Legacy of Mass Incarceration: Parental Incarceration Impacts One in Fourteen Children by Christopher Zoukis A recent study by the research firm Child Trends revealed a stunning consequence of our nation’s policy and practice of mass incarceration: one out of every fourteen children in the U.S. has a parent who is …
Article • March 5, 2015 • from PLN March, 2015
Exonerated Texas Prisoner’s Ex-Wife Not Entitled to Compensation by Matthew Clarke Exonerated Texas Prisoner’s Ex-Wife Not Entitled to Compensation by Matt Clarke In a May 12, 2014 opinion, a Texas Court of Appeals held that the former wife of a prisoner who spent over 24 years in prison was not …
Article • October 10, 2014 • from PLN October, 2014
Filed under: Family Law
Nebraska DOC Obstructing Efforts to Modify Prisoners’ Child Support Payments by Nebraska DOC Obstructing Efforts to Modify Prisoners’ Child Support Payments Excessive enforcement of child support obligations is not only detrimental to incarcerated parents, according to advocates in Nebraska, but also risks increasing recidivism and hindering familial relationships. Legal Aid …
Article • October 5, 2014
Compliance with Court Order Cannot Support Dismissal of Lack of Prosecution by Compliance with Court Order Cannot Support Dismissal of Lack of Prosecution   The Nebraska Supreme Court has reversed the dismissal of a prisoner’s civil action for lack of prosecution. In doing so, the court held the district court …
Publication • August 1, 2014
Incarceration and Divorce, NIH Criminology, 2014 NIH Public Access Author Manuscript Criminology. Author manuscript; available in PMC 2015 August 01. NIH-PA Author Manuscript Published in final edited form as: Criminology. 2014 August ; 52(3): 371–398. doi:10.1111/1745-9125.12040. EXPLAINING THE ASSOCIATION BETWEEN INCARCERATION AND DIVORCE* Sonja E. Siennick1, Eric A. Stewart1, and …
Article • March 15, 2014 • from PLN March, 2014
Oregon Jail Guard Quits, Divorces Wife for Former Prisoner by "I crushed a dude’s eye socket from repeatedly punching him in it, then I charged him with menacing and harassment,” bragged Multnomah County, Oregon jail guard David B. Thompson in one of more than 1,700 messages he posted on an …
Miller et al v. Deal et al, GA, Plf Brief, child support debtors prison, 2013 IN THE SUPREME COURT STATE OF GEORGIA ____________________ NO. S13G1197 ____________________ RANDY MILLER, ET AL., PETITIONERS, v. NATHAN DEAL, ET AL., RESPONDENTS. ____________________ ON WRIT OF CERTIORARI TO THE COURT OF APPEALS OF GEORGIA ____________________ …
Article • April 15, 2013
Missouri Supreme Court Remands Child Custody Case by A divided Supreme Court for the State of Missouri reversed in January 2011 a judgment in the termination of parental rights of E.M.B.R. (Mother) and the subsequent granting of the petition for adoption of C.M.B.R. (Child) into the care of M.M. and …
Article • April 15, 2013
North Dakota Supreme Court Clarifies Child Support Lien Issues Regarding State Prisoner by The Supreme Court for the State of North Dakota affirmed the judgment of the Ward County District Court, Northwest Judicial District of North Dakota, affirming an administrative enforcement action placing a lien, ordered September 28, 2011, on …
Article • December 15, 2012 • from PLN December, 2012
Missouri County Ordered to Present Civil Detainees Before Court within 27 Hours; $75,000 Damages Settlement by A Missouri federal district court has entered a consent decree in a class-action lawsuit that prohibits county officials from holding people detained for more than 27 hours, excluding weekends and holidays, on a civil …
Article • August 15, 2012 • from PLN August, 2012
New York Court of Appeals Holds Sex Offense Does Not Prove Parental Neglect by The New York Court of Appeals, the state’s highest court, has held that the fact that a defendant was convicted of a sex offense against a minor, was a level-three registered sex offender and had not …
Article • May 15, 2012 • from PLN May, 2012
New York Prison System Allows Same-Sex Partners to Participate in Family Reunion Program by In late April 2011, the New York Department of Correctional Services (DOCS) formally adopted a regulation permitting same-sex married partners and those in civil unions to participate in the prison system’s family reunion program, also referred …
Article • May 15, 2012 • from PLN May, 2012
Filed under: Family, Family Law
Juvenile Facility Guard’s Bigamous Marriage Complicates Death Benefits by Following the death of a guard at a Cleveland, Ohio juvenile detention center, the Public Safety Officers’ Benefits program (PSOB), which provides payments to the families of law enforcement officers killed in the line of duty, made an award of $157,873 …
Article • May 15, 2012
Maine: Final Order of Protection Vacated where Prisoner Not Afforded Opportunity to be Heard by In December 2011, the Maine Supreme Judicial Court vacated a district court judgment granting an order of protection from abuse where the alleged abuser had advised the court that, because he was incarcerated, he would …
Brief • April 20, 2012
Rich v. Taser International, Inc., NV, Plf. Memo re Minor's Adoption Precluding Action by Natural Parent, Taser Wrongful Death, 2012 1 John Snow, Nevada State Bar No. 4133 VANCOTT, BAGLEY, CORNWALL & McCARTHY 2 2300 W. Sahara Avenue, Suite 800 Las Vegas, NV 89102 3 E-mail: jsnow@vancott.com Telephone: (801) 532-3333 …
Article • April 15, 2012 • from PLN April, 2012
Texas Harasses, Denies Compensation to Wrongly Convicted by Matthew Clarke by Matt Clarke Texas has a generous compensation package for prisoners who are exonerated, which includes $80,000 per year of wrongful incarceration, an annuity with annual payments in the same amount, free college tuition and free medical care. [See: PLN, …
Article • November 15, 2011 • from PLN November, 2011
Incarceration Alone Insufficient to Terminate Parental Rights in Michigan by In addition to finding that a lower court committed legal errors in terminating a prisoner’s parental rights, the Michigan Supreme Court held that incarceration alone is not a sufficient reason for termination of parental rights. While serving a prison sentence …
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