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Brief • September 30, 2011
Filed under: Costs, Appeals, Depositions
CCCF Inmates v. CCR, CO, Plaintiff Apellate Brief, Deposition Costs, 2011 Plaintiff-Petitioners, by and through their attorneys, William A. Trine of Trine & Metcalf, P.C., and Cheryl Trine of Cheryl Trine Law Firm LLC hereby petition this Court pursuant to C.A.R. 2.1, and in support states: I. STANDARD OF REVIEW. …
Brief • September 27, 2011
Prison Legal News v EOUSA, US, Reply Brief, FOIA public records NO. 10-1510 In the Supreme Court of the United States ________________ PRISON LEGAL NEWS, v. Petitioner, EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS, Respondent. ________________ On Petition for a Writ of Certiorari to the United States Court of Appeals for …
Brief • September 19, 2011
Finn v. Warren County, KY, Order vacating Southern Health Partners protection, discovery medical policy records, 2011 Case 1:10-cv-00016-JHM-ERG Document 90 Filed 09/16/11 Page 1 of 7 PageID #: 589 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY BOWLING GREEN DIVISION CIVIL ACTION NO. 1:10CV-00016-JHM JOHNEY FINN, Administrator of the Estate …
Article • September 15, 2011
Washington Arbitration Awards Don't Accrue Interest until Reduced to Judgment by The Washington state Department of Corrections (DOC) contracted with Fluor Daniel, Inc. to build a prison. But later contract disputes resulted in litigation. Arbitration resulted in an award to Fluor of $5,997,645 which was reduced to judgment shortly thereafter …
Article • September 15, 2011
Washington Civil Commitment Trial Law Not Retroactive by Washington State’s Court of Appeals, Division I, has held that the Legislature’s amendment of RCW 71.09.090 did not apply retroactively, holding that amendment properly applies to prohibit new trials on commitment status for sexual predators on the sole basis of advancing age. …
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 • September 15, 2011
California Extends prison Mailbox Rule to Civil Filings by The California Supreme Court has held that the prison-delivery rule, also known as the prison mailbox rule, applies to a self-represented prisoner’s filing of a notice of appeal in a civil case, just as it has long been held to apply …
Article • September 15, 2011
Filing Fee Lien Quashed in Florida Prisoner’s Gaintime Challenge by Florida’s First District Court of Appeals has, begrudgingly, reversed Leon County Circuit Court’s imposition of a filing fee lien in an action challenging the Florida Department of Corrections’ (FDOC) revocation of a prisoner’s gaintime. Prisoner Howard McGee filed a Mandamus …
Article • September 15, 2011
Fifth Circuit: Texas DNA Testing Motion Tolls Federal Habeas Limitations by Matthew Clarke by Matt Clarke On November 14, 2007, the Fifth Circuit court of appeals ruled that a post-conviction DNA testing motion filed pursuant to Chapter 64 of the Texas Code of Criminal Procedure (C.C.P.) tolled the one-year limitations …
Washington State’s 2005 Sexual Predator Amendment Not Retroactive by David Reutter By David Reutter Washington State’s Supreme Court has held the 2005 amendment to the state’s sexually violent predator act (SVPA) does not apply retroactively. The Court also held a trial court may not weigh evidence at a show of …
No New Trial on Religious Separatist Claims by The Eighth Circuit Court of Appeals affirmed the denial of new trial on a Missouri prisoner’s religious freedom claims. Missouri prisoner Michael Murphy “is a practicing member of the Christian Separatist Church Society (CSC)” which “allows only Caucasians to be members and …
Article • September 15, 2011
Eighth Circuit Rules Previous Dismissals Not “Strikes” For Iowa Prisoner by On December 29, 2006, the U.S. Eighth Circuit Court of Appeals held that the dismissal of a prisoner’s previous federal lawsuits could not be counted as “strikes” under 28 U.S.C. § 1915(g) because the prisoner had not yet exhausted …
Article • September 15, 2011
Texas Supreme Court: Error to Dismiss Appeal for Untimely Indigence Affidavit by On November 2, 2007, the Supreme Court of Texas held that a court of appeals may not dismiss an appeal because the appellant failed to file an affidavit of indigence “with or before” the notice of appeal. Linda …
Canada's Supreme Court Reduces Award To Ex-Prisoner Sexually Assaulted By Guard by On February 8, 2008, the Supreme Court of Canada issued a unanimous ruling reducing by almost half the award given an ex-prisoner who was a youthful victim of a sexual predator guard. When he was 18, Dean Zastowny …
Article • September 15, 2011
Denial of Habeas Corpus Ad Testificandum Not Reviewable on Immediate Appeal by By David M. Reutter The Seventh Circuit Court of Appeals has dismissed for want of appellate jurisdiction a prisoner’s appeal of the denial of a petition for writ of habeas ad testificandum. Before he was sentenced to prison …
Federal Court Continues Oversight of Wyoming State Penitentiary by A Wyoming federal district court had entered an order that continues its supervision of the Wyoming State Penitentiary. That supervision began in October 2003 as the result of a class action civil rights action, alleging unconstitutional conditions of confinement that failed …
Article • September 15, 2011
South Carolina MSU Publication Ban Challenge is Moot by The Fourth Circuit Court of Appeals has dismissed a South Carolina prisoner’s challenge to a prison publication ban, concluding that the action was moot because the ban no longer applied to him. In 1995, South Carolina Department of Corrections (SCDC) prisoner …
Article • September 15, 2011 • from PLN September, 2011
Official Capacity Not the Same as Governmental Agency in Texas Civil Suit by Matthew Clarke by Matt Clarke On June 24, 2010, a Texas Court of Appeals held that suing employees of the Texas Department of Criminal Justice (TDCJ) in both their official and individual capacities was not the same …
Article • September 15, 2011
Prisoners Must Resort to Habeas First before Settling Relief under the Privacy Act when Attacking a Prison Disciplinary Conviction that Involves the Loss of Good Time by Federal prisoners may not seek monetary damages via the Privacy Act when the requested relief, if granted, would necessarily imply the invalidity of …
Protective Order Denied in Privately Run Florida Juvenile Facility Class-Action Suit by David Reutter A Florida federal district court has denied a motion for a protective order filed by the defendants in a class-action lawsuit brought by five current or former residents of Thompson Academy, a juvenile facility managed by …
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