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Filing • September 21, 2012
Filed under: Complaints
Prison Legal News v. Sheriff Chapman & Walton County, Complaint 2012 Case 3:12-cv-00125-CAR Document 1 Filed 09/21/12 Page 1 of 23 IN THE UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF GEORGIA ATHENS DIVISION ) PRISON LEGAL NEWS, a project of ) the HUMAN RIGHTS DEFENSE ) CENTER, a Not for …
Article • September 15, 2012 • from PLN September, 2012
Proving Damages to the Jury, 1st Ed., by Jim Wren by John Dannenberg James Publishing, 2011). 800 pages (with CD), $70.00 Book review by John E. Dannenberg Proving Damages to the Jury is a detailed “how-to” manual that takes the reader through the psychology, reasoning, preparation and execution of a …
Brief • August 24, 2012
Fahy v. TASER International, MO, Deposition, Use of Tasers, 2012 Deposition of Dr. Mark Kroll - 8/24/2012 Colin Fahy v. Taser International, Inc., et al. Page 1 1 IN THE CIRCUIT COURT OF THE CITY OF ST. LOUIS 2 STATE OF MISSOURI 3 CAUSE NO. 0922-CC10076-01 4 -------------------------------- 5 COLIN …
Article • August 15, 2012 • from PLN August, 2012
CA Court of Appeal: Documents Identifying Suppliers of Execution Drug are Public Records by On December 20, 2011, a California Court of Appeal held that the California Department of Corrections and Rehabilitation (CDCR) may not withhold the names of pharmaceutical companies and other sources from which it sought to acquire …
U.S. Supreme Court Holds AG Rules Required Before SORNA Sex Offender Law is Applied Retroactively by Derek Gilna On January 23, 2012 the U.S. Supreme Court, in a 7-2 decision written by Justice Stephen Breyer, reversed the Third Circuit Court of Appeals, which had held that the federal Sex Offender …
Article • August 15, 2012 • from PLN August, 2012
Kentucky Supreme Court Adopts Mailbox Rule Retrospectively by The Supreme Court of Kentucky, in a modified ruling, adopted the “mailbox rule,” allowing notices of appeal in criminal cases to be considered filed when they are placed in the prison’s internal mail system. Joe B. Jones and Michael Allen Hallum, Kentucky …
Article • August 15, 2012 • from PLN August, 2012
State Awarded Statutory Attorney Fees, Costs for Dismissed Washington PRPs by Mark Wilson The Washington State Court of Appeals has held that the state is entitled to statutory attorney fees following the dismissal of a personal restraint petition (PRP). After pleading guilty to witness tampering and burglary, Gregory Scott Bailey …
Article • August 15, 2012 • from PLN August, 2012
Fourth Circuit: Where Offer of Judgment is Silent as to Costs, Prevailing Party Entitled to Recover Attorney’s Fees by The Fourth Circuit Court of Appeals has held that “in an action brought under 42 U.S.C. § 1983, an offer of judgment pursuant to Fed.R.Civ.P. 68(a) which makes no mention of …
Article • August 15, 2012 • from PLN August, 2012
New Jersey Appellate Court Holds Attorneys for Female Prisoners Temporarily Transferred to All-Male Facility May be Entitled to Fees by The Appellate Division of the Superior Court of New Jersey has held that the attorneys who represented a class of female prisoners temporarily transferred to the all-male New Jersey State …
Article • July 15, 2012
Filed under: Civil Procedure, Service
Second Circuit Affirms Dismissal of Bivens Action Based upon Improper Service of Process by By Derek Gilna In a case decided in the United States Court of Appeals for the Second Circuit on August 30, 2010, the court affirmed the district court decision dismissing a Bivens action on the grounds …
Article • July 15, 2012
Washington SVP Commitment Reversed for Improper Impeachment Evidence by The Washington State Court of Appeals reversed a lower court's civil commitment order under the State's Sexually Violent Predator Act (SVP). The Court held that the lower court erred in allowing an expert witness to be impeached by findings of fact …
Article • July 15, 2012 • from PLN July, 2012
Washington State Court Holds Requester Has the Right to Joinder in Suit Seeking to Bar Disclosure of Public Records by Washington State Court Holds Requester Has the Right to Joinder in Suit Seeking to Bar Disclosure of Public Records The Division Three Court of Appeals for the State of Washington …
Article • July 15, 2012
Ninth Circuit Acknowledges Prisoner’s Right to Extended Voir Dire in Suit Alleging Abuse by Idaho Jail Officials by The Ninth Circuit Court of Appeals held that a lower court abused its discretion in refusing a prisoner's voir dire inquiry into potential juror bias for law enforcement. Floyd Darbin was a …
Article • July 15, 2012
Filed under: Civil Procedure, Damages
Ninth Circuit Rejects AOL Class Action Settlement Based on Objections by Class Member by In November 2011, the Ninth Circuit rejected a nationwide class action settlement freely negotiated between the parties to the suit, on the basis of objections to the settlement raised by one of the class members. In …
Article • July 15, 2012
California Courts Have No Inherent Authority to Disclose Grand Jury Evidence by The California Supreme Court held that California courts do not have inherent authority to order disclosure of grand jury materials to private litigants. In 1979, Thomas Lee Goldstein, an engineering student and Marine Corps veteran, became a murder …
Article • July 15, 2012
Oregon RLUIPA Claim Mooted By Release; Damages Not Available Under RLUIPA by The Ninth Circuit Court of Appeals affirmed the sovereign immunity and mootness dismissal of an Oregon prisoner's religious freedom suit. In 2004, Oregon Department of Corrections (ODOC) prisoner Blackie Alvarez, sued several ODOC officials in their official capacity. …
Article • July 15, 2012
Oregon Supreme Court Overturns Ban on Harsher Sentences after Successful Appeals by The en banc Oregon Supreme Court has overturned its 43-year-old prohibition on increased punishment in criminal cases when a defendant is successful on appeal and is resentenced. Oregon law now adheres to U.S. Supreme Court precedent. In 1967 …
Brief • July 9, 2012
Olave v. City of Albuquerque, NM, Complaint, Reckless Driving, 2012 D-202-CV-'2012-06292 . STATE OF NEW MEXICO COUNTY OF BERNALILLO SECOND JUDICIAL DISTRICT COURT STEPHANIE CLAVE FILED IN MY OFFICE DISTRICT COURT CLERK 7/9/2012 12:01 :27 PM GREGORY T. IRELANC No. _ _ _ _ _ _ _ _ _ __ …
Adams v. CCA, CO, Plf Reply Def Mtn Against Separate Trials, prison riot disclosure of records, 2011 DISTRICT COURT, COUNTY OF CROWLEY, STATE OF COLORADO Court Address: Sixteenth Judicial District Court Crowley County Courthouse 110 E. 6th Street, Room 303 Ordway, Colorado 81063 Telephone 719-267-4468 ▲COURT USE ONLY ▲ Plaintiffs: …
Brief • July 6, 2012
Filed under: New Trial Motions
Adams v. CCA, CO, Reply to Defends Response to 42(b) Motion (2011) DISTRICT COURT, COUNTY OF CROWLEY, STATE OF COLORADO Court Address: Sixteenth Judicial District Court Crowley County Courthouse 110 E. 6th Street, Room 303 Ordway, Colorado 81063 Telephone 719-267-4468 ▲COURT USE ONLY ▲ Plaintiffs: VANCE A. ADAMS et. al. …
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