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Pro Se Tips and Tactics by John Midgley Supreme Court on Kind and Quality of Appellate Counsel by John Midgley In three recent decisions, the U.S. Supreme Court addressed the kind and quality of representation to which people are entitled on appeal of their criminal convictions. If your conviction is …
Change in Fulton County, GA: Indigent Defense, HIV, and Community Organizing by Lisa Zahren The Fulton County Jail in Atlanta is the largest jail in Georgia, with approximately 3,000 prisoners held there for months and sometimes years waiting for their cases to be resolved or to be transferred to a …
Article • August 15, 2000 • from PLN August, 2000
Right to Counsel Violated by Intrusive Guards by A federal district court ruled that a criminal defendant's right to counsel was violated by the refusal of guards to allow unmonitored communication between him and his attorney. On January 26, 1990 David Lakin and four other prisoners abducted two guards while …
Article • May 15, 2000 • from PLN May, 2000
Five Lawyers in Peru Freed by Heriberto Ocasio Lima, Peru-- There is good news in the struggle to defend the Peruvian lawyers who are under attack from the U.S.backed Fujimori regime for their courageous work in defending political prisoners. A trial for six of the defense lawyers ended in acquittal. …
Article • February 15, 2000 • from PLN February, 2000
Reviews: Finding the Right Lawyer by Allan Parmelee by Jay Isenberg, American Bar Association, 256 pages Reviewed by Allan Parmelee Clear and to the point, while easy to understand. In Finding the Right Lawyer, the author presents one of the most concise, detailed and powerful presentations of a checklist of …
PLRA Attorney Fee Cap Not Retroactive in Attorney Client Case by A federal district court in Colorado has held that the attorney fee cap in the Prison Litigation Reform Act (PLRA), 42 U.S.C. § 1997e(d) does not apply to attorney fees accrued prior to the enactment of the PLRA, but …
PLRA Attorney Fee Provision Not Retroactive in Jail Conditions Suit by The court of appeals for the DC Circuit held that the Prison Litigation Reform Act (PRLA) provision, which caps attorney fee awards, applies to work performed after the act's effective date (April 26, 1996), even when the suit was …
Prisoners Have First Amendment Right to Private Conversations with Their Attorneys by Prisoners Have First Amendment Right to Private Conversations With Their Attorneys A federal district court in Pennsylvania held that prisoners have privacy and free speech rights to private conversations with their attorneys. Pennsylvania state prisoners incarcerated on death …
The Lucasville Trials by Staughton Lynd [Editors' note: The identity of persons who provided information to the author confidentially has been withheld. ] On April 21, 1993, 407 prisoners who for eleven days had occupied the L cell block at the Southern Ohio Correctional Facility (SOCF) in Lucasville, Ohio, surrendered …
Jail Brutality Verdict Reversed Due to Improper Argument and Jury Instruction by The court of appeals for the Seventh circuit reversed a jury verdict in favor of jail guards because their lawyer argued the detainee-plaintiff's attorney did not believe his client. The court also held that a jury instruction on …
Colorado Contraband Rule Requires Visitor Notice by The Colorado supreme court held that a state statute criminalizing the introduction of contraband into county jails was constitutional but affirmed dismissal of criminal charges because the jail failed to comply with the statute's notice requirements. Thomas Holmes, an attorney, was charged with …
Article • December 15, 1998 • from PLN December, 1998
Legal Services Corporation Restrictions Affirmed by Paul Wright By Paul Wright In the October, 1997, issue of PLN we reported Legal Aid Society of Hawaii v. Legal Services Corporation, 981 F. Supp. 1288 (D HI 1997), which held that some congressional restrictions on groups that accept Legal Services Corporation (LSC) …
Article • December 15, 1998 • from PLN December, 1998
Prisoners' Legal Services of NY Victim of Budget Ax by Dan Pens September 13, 1971 Bloody Monday. New York Governor Nelson Rockefeller unleashes a firestorm of bullets and shotgun blasts into Attica's D-Yard. Eight minutes and 3,000 rounds of ammo later, 29 prisoners and 10 hostages lay fatally gunshot in …
Dismissal for Incompetent Appointed Lawyer Reversed by The court of appeals for the seventh circuit held that district courts should not dismiss cases for want of prosecution where court appointed counsel is plainly incompetent. Lawrence Dunphy, an Illinois state prisoner filed suit claiming prison officials violated his eighth amendment rights …
Article • September 15, 1998 • from PLN September, 1998
Allan Ellis' Federal Prison Guidebook by Paul Wright Allan Ellis' Federal Prison Guidebook is a 312 page book that gives a detailed rundown of federal Bureau of Prisons (BOP) facilities. Alan Ellis is a California attorney who specializes in the pre-sentence and post conviction representation of federal prisoners. He is …
San Francisco City and County Jail Conditions Held Unconstitutional by A federal district court in California ruled that numerous conditions of confinement at San Francisco county jail # 3 violated contemporary standards of decency and the eighth and fourteenth amendments. Of particular importance to West coast readers, the court found …
Article • June 15, 1998 • from PLN June, 1998
Bob Bensing, Hero, Dies Suddenly by The world lost a hero in the struggle for human rights on February 3, 1998. Southern Center for Human Rights lawyer Bob Bensing, 42, was returning to Atlanta, GA, from Valdosta State Prison after meeting with two prisoner plaintiffs. His car reportedly hydroplaned and …
Rural Prison as Colonial Master by Christian Parenti In 1964, a tsunami swept over Crescent City, California completely destroying the downtown. Only nine people died, but the town -- nestled just below the Oregon border -- never recovered. It was rebuilt as a shabby imitation of California's worst planning examples; …
Article • March 15, 1998 • from PLN March, 1998
Peruvian Lawyers Arrested by Between November 18-21, 1997, in Lima, Peru, agents of the Peruvian political police, DINCOTE, arrested lawyers Ernesto Messa Delgado, Carlos Gamero Quispe, Luis Ramon Landaure and Teodoro Bendezu Montes. The arrestees' family members said they were given no reason for the arrests and noted that the …
Experiment in Access: Law Libraries Eliminated in Arizona Prisons by O'Neil Stough The August 1996, issue of PLN reported Lewis v. Casey, 116 S.Ct. 2174 (1996). The Lewis court, though not explicitly overturning Bounds v. Smith, 430 US 817, 97 S.Ct. 1491 (1977), redefined the meaning of "court access" as …
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