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Article • July 15, 2011
California: Appellate Disentitlement Doctrine Not Applicable To Defendant Deported By ICE by Michael Brodheim By Michael Brodheim The California Court of Appeal has held that appellate disentitlement, a reviewing court’s inherent power to dismiss an appeal by a party who has refused to comply with a court’s orders, does not …
Article • July 15, 2011
Ninth Circuit: California’s Prop. 115 Not Unconstitutional by Michael Brodheim By Michael Brodheim The Ninth Circuit has held that California’s Proposition 115, known as the Crime Victims Justice Reform Act, does not violate a defendant’s Sixth Amendment right to confront the witnesses against him. Adopted by California voters in 1990, …
Article • July 15, 2011
California: On Remand, Governor Must Consider All Available Information Relating to Current Dangerousness by Michael Brodheim By Michael Brodheim The California Court of Appeal has held that when, on remand after the granting of a petition for writ of habeas corpus, the Governor reconsiders whether or not a life prisoner …
Article • July 15, 2011
California: Prisoner Entitled To Presentence Custody Credit for Time in Prison Past Parole Date Due Solely to Pending Charges by Michael Brodheim By Michael Brodheim The California Court of Appeal has held that a prisoner, detained in prison solely because new charges (arising from in-prison misconduct) were brought against him, …
Article • July 15, 2011
Indefinite Confinement of New Jersey Prisoner for 1990 Assault Overturned by The Appellate division of New Jersey’s Superior Court has held that the New Jersey Department of Corrections ( NJDOC), “does not have the legal authority to continue to keep” a prisoner who has been in confinement for twenty years …
Eleventh Circuit Reverses Dismissal of Suit Alleging Retaliatory Attack by Guard by Brandon Sample By Brandon Sample On April 26, 2010, the U.S. Court of Appeals for the Eleventh Circuit reversed the dismissal of a failure to protect suit filed by a federal prisoner who claimed that he was attacked …
Article • July 15, 2011
Massachusetts: Court Reduces Jail Officers’ Attorneys’ Fees by 40% by On June 18, 2010, the Hon. R.G. Stearns, Judge of the U.S. District Court for the District of Massachusetts, issued an order requiring Suffolk County officials to pay attorneys’ fees and costs to the attorneys for a group of 174 …
Article • July 15, 2011
California: Prisoner’s Parole May Not Be Revoked if Board Fails to Act During 30-Day Discharge Review Period by Michael Brodheim By Mike Brodheim The California Court of Appeal has held that, by failing to act during the 30-day discharge review period provided by statute, the Board of Parole Hearings (Board) …
Article • July 15, 2011
Ohio Negligent Shackling Claim Remanded by Brandon Sample By Brandon Sample On April 8, 2010, the Court of Appeals of Ohio remanded a prisoner’s negligence claim against the Ohio Department of Rehabilitation and Correction (ODRD). Jack Nott sued the ODRC after his left leg was amputated from the knee down. …
Article • July 15, 2011
Colorado TASER Suit Permitted To Proceed by Brandon Sample By Brandon Sample U.S. District Judge Philip A. Brimmer has denied a motion for summary judgment filed by TASER in a product liability suit surrounding the death of a Colorado man. On August 4, 2006, Ryan Wilson died after Boulder County …
Article • July 15, 2011
“Three Strikes” Provision Of PLRA Applies To Suits Filed While Incarcerated Even If Subsequently Released by Brandon Sample By Brandon Sample The Prison Litigation Reform Act (PLRA), which prohibits a prisoner from proceeding in forma pauperis (IFP) in a federal lawsuit if the prisoner has had three or more suits …
Article • July 15, 2011
No Right to Compensation for Work in Prison under the Constitution or International Law by Brandon Sample By Brandon Sample Federal prisoners do not have a right to be compensated for their work under the U.S. Constitution or under international law, the U.S. Court of Appeals for the Ninth Circuit …
"Public Concern" Test Does Not Apply To Prisoner Claims of Retaliation; Speech Must Be Consistent with Status as Prisoner by Brandon Sample "Public Concern" Test Does Not Apply To Prisoner Claims of Retaliation; Speech Must Be Consistent with Status as Prisoner By Brandon Sample The "public concern" test does not …
Article • July 15, 2011
Filed under: Sentencing, Habeas Corpus
BOP May Disregard State Court Orders When Reviewing Whether to Run State/Federal Sentences Concurrent by Brandon Sample By Brandon Sample On May 7, 2010, the U.S. Court of Appeals for the Ninth Circuit affirmed the denial of a habeas petition challenging the Bureau of Prisons (BOP) refusal to grant a …
Article • July 15, 2011
California Court of Appeal Invalidates Untimely MDO Certification by Michael Brodheim By Mike Brodheim The California Court of Appeal has invalidated the determination of the Board of Parole Hearings ("Board") that Felicia Blakely is a mentally disordered offender ("MDO"), finding that her MDO evaluations and certification occurred after her parole …
Article • July 15, 2011
Filed under: Sentencing, Parole
Court of Appeal Overturns Governor's Reversal of Board's Third Grant of Parole to California Prisoner by Michael Brodheim By Mike Brodheim The California Court of Appeal (First Appellate District, Div. 2) has overturned Governor Arnold Schwarzenegger's reversal of the parole board's third grant of parole to Bennie Moses, some 30 …
Article • July 15, 2011
9th Circuit: RLUIPA Not Applicable To Courthouse Holding Cell by Michael Brodheim By Mike Brodheim A divided Ninth Circuit panel has held that a courthouse holding cell is not an "institution" as defined by the Religious Land Use and Institutionalized Persons Act (RLUIPA), 42 U.S.C. § 2000cc et seq., and …
Second Circuit Explains §1915 Strikes and Imminent Danger by Mark Wilson Second Circuit Explains §1915 Strikes and Imminent Danger By Mark Wilson The Second Circuit Court of Appeals held that a lower court abused its discretion in denying a pro se prisoner leave to amend his complaint to allege an …
Article • July 15, 2011
Fourth Circuit Reverses §1915A Dismissal of Failure to Protect Suit by Mark Wilson Fourth Circuit Reverses §1915A Dismissal of Failure to Protect Suit By Mark Wilson The Fourth Circuit Court of Appeals held that a lower court erred in dismissing a North Carolina prisoner’s failure to protect suit for failing …
Sex Offense against Minor Requires Registration by The Eleventh Circuit Court Appeals affirmed a sentence that required a defendant convicted of five misdemeanor counts of willfully depriving individuals of their right to be free from unreasonable searches by one acting under color of law to register as a sex offender …
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