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Article • August 1, 2020 • from PLN August, 2020
COVID-19 Causes Public Defenders to Change How They Handle Cases by Dale Chappell by Dale Chappell "Our work has changed. It’s shifted.” That statement was made by Jessica McArdle, a public defender in Springfield, Massachusetts, who says she and her co-workers have had to get creative in representing clients during …
Emergency Cancellation of Attorney Visits Subject to Court Oversight by David Reutter by David M. Reutter On March 20, 2020, the Second Circuit Court of Appeals reversed the dismissal of a lawsuit challenging the cancellation of lawyer-client visits at the Metropolitan Detention Center-Brooklyn (MDC). The court urged a quick resolution …
Article • February 11, 2019
‘I Didn’t Lay Down’: How A California Man Convicted Of Murder May Have Saved His Own Life by Maura Ewing Death penalty mitigation offers juries a chance to see defendants in a different light by Maura Ewing, The Appeal The odds were stacked against Ernesto Martinez. Last fall, he was on …
Williams v. Toomey, PA, Complaint, Inmate Access to Legal Services, 2019 Case 1:18-cv-01687-YK Document 60 Filed 02/05/19 Page 1 of 26 Case 1:18-cv-01687-YK Document 60 Filed 02/05/19 Page 2 of 26 Case 1:18-cv-01687-YK Document 60 Filed 02/05/19 Page 3 of 26 Case 1:18-cv-01687-YK Document 60 Filed 02/05/19 Page 4 of …
Texas Prisoners Receive Inadequate Legal Representation from State Agency by Edward Lyon by Ed Lyon In December 2017, a Texas State Bar committee issued a scathing report concerning the Texas Department of Criminal Justice (TDCJ), which oversees the State Counsel for Offenders (SCO) – an agency that provides legal representation …
Brief • March 29, 2018
Williams v. Murphy, CT, ruling, aid of judgment, 2018 Case 3:13-cv-01154-MPS Document 280 Filed 03/29/18 Page 1 of 45 UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT RASHAD WILLIAMS, Plaintiff, No. 3:13-cv-01154 (MPS) v. PETER MURPHY, ET AL., Defendants. RULING ON MOTIONS FOR AID OF JUDGMENT AND RELEASE OF FUNDS I. …
Article • January 31, 2018 • from PLN February, 2018
Poor and Mentally Ill Languish in Mississippi Jails for Months or Years Awaiting Indictments by David Reutter by David M. Reutter Some people arrested on felony charges in Mississippi face months, a year or even longer in jail before they are indicted. Some are never indicted before their release. All …
State Bar of Texas Legal Services to the Poor in Criminal Matters Committee: Review of the Operations of State Counsel for Offenders, 2017 Review of the Operations of State Counsel for Offenders Report by the State Bar of Texas Legal Services to the Poor in Criminal Matters Committee1 Approved for …
State Counsel for Offenders Report Review of the Operations of State Counsel for Offenders Report by the State Bar of Texas Legal Services to the Poor in Criminal Matters Committee1 Approved for Publication December 8, 2017 Disclaimer: The following report and the underlying research were completed by members of the …
Brown v. City of Corinth, Judge John C. Ross, MS, signed Complaint, 'debtors' prison,' 2017 IN THE MISSISSIPPI COMMISSION ON JUDICIAL PERFORMANCE IN THE MATTER OF HON. JOHN C. ROSS CAUSE NO. ________ PRIVATE COMPLAINT 1 I. 1. INTRODUCTION Corinth, Mississippi Municipal Court Judge John C. Ross operates a modern-day …
Brief • October 12, 2017
Bairefoot v. City of Beaufort, SC, Class Action Complaint, No Legal Counsel, 2017 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA TINA RENEE BAIREFOOT, DAE’QUANDREA TREVELL NELSON and NATHAN LEE FOX, individually and on behalf of a class of all others similarly situated, Plaintiffs, v. CITY …
Article • August 22, 2017
Pennsylvania Supreme Court Allows Indigent Criminal Defendants to Sue Over Inadequate Public Defender's Office by Christopher Zoukis by Christopher Zoukis The Pennsylvania Supreme Court has taken the bold step of finding a new cause of action that would allow indigent criminal defendants to prospectively sue a county for failing to …
Braggs v. Dunn, AL, Opinion and Order, 2017 Case 2:14-cv-00601-MHT-TFM Document 1285 Filed 06/27/17 Page 1 of 302 IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION EDWARD BRAGGS, et al., Plaintiffs, v. JEFFERSON S. DUNN, in his official capacity as Commissioner of …
Article • June 9, 2017 • from PLN June, 2017
Probation Revocation for Refusal to Participate in Polygraph Tests Upheld by Christopher Zoukis by Christopher Zoukis On May 16, 2016, the Colorado Supreme Court reversed a lower court’s ruling which found a convicted sex offender did not violate the terms of his probation by refusing to participate in court-ordered treatment …
Hines v. Mincks, WA, Prelim. Inj. - Jail Attorney Phone Call Policy, 2017 Case: 2:17-cv-00436-ALM-TPK Doc #: 11 Filed: 05/25/17 Page: 1 of 5 PAGEID #: 71 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO EASTERN DIVISION DAKOTA HINES, et al., Plaintiffs, v. LARRY R. MINCKS, …
Murphy v. Smith, USA, Amicus Brief, Prisoner Access to Counsel, 2017 No. 16-1067 IN THE Supreme Court of the United States _________ CHARLES MURPHY, Petitioner, v. ROBERT SMITH AND GREGORY FULK, Respondents. ________ On Petition For A Writ Of Certiorari to the United States Court of Appeals for the Seventh …
Brief • April 12, 2017
Kirkland v. DiLeo, NJ, Settlement, Judicial Misconduct, 2017 SETTLEMENT AGREEMENT AND MUTUAL RELEASE BETWEEN WENDELL KIRKLAND and ANTHONY KIRKLAND AND LOUIS M.J. DiLEO and THE CITY OF LINDEN This Settlement Agreement and Mutual Release (hereinafter "Agreement"), dated , 2017, is made by and between Wendell Kirkland and Anthony Kirkland (alternatively …
Article • December 7, 2016 • from PLN December, 2016
Missouri Governor Doesn’t Have to Serve as Public Defender by In a letter dated August 2, 2016, the director of Missouri’s Public Defender System called for Governor Jay Nixon – a licensed lawyer who was a four-term Attorney General before being elected governor – to represent an indigent defendant in …
Prominent Texas Capital Defense Attorney Suspended for a Year by David Dow has near-legendary status among death penalty attorneys in Texas. He works pro bono for clients whose lives literally depend on him; he takes their cases after they arrive on death row, often seeking to right the wrongs committed …
New York Settles Indigent Defense Suit; $5.5 Million in Attorney Fees by Plaintiffs filed a state court class-action suit alleging the system of indigent legal services for defendants in New York criminal cases was unconstitutionally deficient. On October 22, 2014, the state and the New York Civil Liberties Union (NYCLU), …
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