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Article • June 15, 2011 • from PLN June, 2011
Sanctions Against Prisoner for Alleged “Frivolous” Habeas Petition Improper, Tenth Circuit Decides by Sanctions imposed by an Oklahoma trial court on a state prisoner who filed a “frivolous” habeas petition were improper, the U.S. Court of Appeals for the Tenth Circuit held in an unpublished opinion. Alvin Parker is a …
Article • June 15, 2011 • from PLN June, 2011
Filed under: Civil Procedure, Costs
Uncollected Court Debts Piling Up in Tennessee by Over the past several years, counties in Middle Tennessee have had a difficult time collecting court fees and fines. The outstanding debts, from both civil and criminal cases, amount to hundreds of millions of dollars. Davidson County (with Nashville as the county …
Washington: Pierce County Jail Suit Ends After 15 Years by In a report and recommendation to partly deny the defendants’ motion to terminate a consent decree related to conditions of confinement at Washington State’s Pierce County Jail, U.S. Magistrate Judge J. Kelley Arnold cited conditions that contributed to the deaths …
Article • June 15, 2011 • from PLN June, 2011
No Time Limit for Defendants to Raise a PLRA Defense by David Reutter by David M. Reutter On May 17, 2010, the Third Circuit Court of Appeals reversed a district court’s grant of summary judgment to prison officials on the eve of trial, holding it was an abuse of discretion …
Brief • June 14, 2011
Prison Legal News v. EOUSA, US, Petition, public records, 2010 NO. ____ In the Supreme Court of the United States ________________ PRISON LEGAL NEWS, Petitioner, v. EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS, Respondent. ________________ On Petition for a Writ of Certiorari to the United States Court of Appeals for the …
Gomez v. Fisher Et Al, NY, Complaint, 2011 Case 1:11-cv-00476-WMS-LGF Document 1 Filed 06/07/11 Page 1 of 71 Case 1:11-cv-00476-WMS-LGF Document 1 Filed 06/07/11 Page 2 of 71 Case 1:11-cv-00476-WMS-LGF Document 1 Filed 06/07/11 Page 3 of 71 Case 1:11-cv-00476-WMS-LGF Document 1 Filed 06/07/11 Page 4 of 71 Case 1:11-cv-00476-WMS-LGF …
Adams v. CCA, CO, Order granting Plf Mot to Suppress Plf Depositions, prison riot, 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. …
Publication • 2011
Filed under: Discovery
How to Subpoena a Government Agent Federal Public Defender's Office W.D. Tex. 2011 How To Subpoena A Government Agent: Compliance With Touhy Regulations for ICE, CBP, DEA and FBI Elizabeth A. O’Connell, Research and Writing Specialist, Federal Public Defender’s Office for the Western District of Texas If you seek the …
Publication • 2011
Lancaster County Prison Settlements, Todd B. Spidle of Sunday News, 2011 Recent settlements of lawsuits filed against Lancaster County Prison PRISON INMATE James Hodapp Paul Barbacano Vance Laughman Strip search suit Luis Rivera Marquez James Wilson Felix Nieves Jon Eichelman TOTAL SETTLEMENT COSTS OF DEFENSE TOTAL COUNTY PAYOUT $122,500 $75,000 …
Article • May 15, 2011
Florida Supreme Court Clarifies Harmless Error Test by Florida’s Supreme Court has held that when applying the harmless error analysis, it is not an “overwhelming evidence test.” The focus of the test is “the effect of the error on the trier of fact. The question is whether there is a …
Judge Declines to Terminate Orders Requiring Air-conditioned Housing for Heat-sensitive Prisoners by Brandon Sample New York U.S. District Court Judge Harold Baer, Jr. has declined to terminate a series of orders requiring New York City jail officials to house “heat-sensitive” prisoners in air-conditioned cells when temperatures reach 85 degrees Fahrenheit …
Article • May 15, 2011 • from PLN May, 2011
Study Highlights the Burden of Fees, Debt Collection on Criminal Defendants by Derek Gilna In an October 2010 report examining the fifteen states that have the highest prison populations, the Brennan Center for Justice found that the practices of imposing new “user fees” on criminal defendants, raising the amounts of …
Eleventh Circuit Finds Disabled Prisoner in Imminent Danger for Filing Fee Purposes by David Reutter by David M. Reutter The Eleventh Circuit Court of Appeals has vacated a Georgia federal district court’s injunction that prohibited a prisoner from submitting future filings, and reversed the lower court’s dismissal of the prisoner’s …
Class Certification Denied in Colorado Jail Mental Health Challenge by Mark Wilson The Tenth Circuit Court of Appeals has affirmed the denial of class-action certification in a lawsuit concerning mental health care at a Colorado jail. Several prisoners at the El Paso County Jail filed suit in federal court in …
Contempt Order Upheld Against Kentucky DOC Commissioner by by Mark Wilson On August 15, 2008, the Kentucky Court of Appeals unanimously affirmed a lower court order holding former Dept. of Corrections Commissioner John Rees in contempt of court. Fifteen-year-old Daniel Ottman pleaded guilty to first-degree assault following a 2004 shooting …
Article • May 15, 2011
Interference With Access to Legal Materials by Federal Prison Officials May Warrant Equitable Tolling by The U.S. Court of Appeals for the Tenth Circuit held that interference with a prisoner’s access to legal materials by the Bureau of Prisons (BOP) may warrant equitable tolling of the one-year deadline for seeking …
Article • May 15, 2011
Sanctions Against Prisoner for Alleged “Frivolous” Habeas Petition Improper, Tenth Circuit Decides by Sanctions imposed by an Oklahoma trial court on a state prisoner who filed a “frivolous” habeas petition were improper, the U.S. Court of Appeals for the Tenth Circuit held in an unpublished opinion. Alvin Parker is a …
Article • May 15, 2011
California Court Holds Subpoenas Ineffective If Factual Basis for Materiality Lacking in Civil Commitment Hearing by Following transfers from the California Supreme Court, the Fourth Appellate District (Div. 3) granted five petitions for writs of prohibition/mandate (consolidated into a single case), finding that the contested subpoenas duces tecum issued by …
Mohave County, Arizona Appointed Counsel Selection System Unconstitutional by On April 3, 1984, the Supreme Court of Arizona held that the system of selecting and compensating appointed counsel in Mohave County, Arizona, violated the constitutional rights to due process and counsel. Joe. U. Smith was convicted of burglary, sexual assault …
Article • May 15, 2011
No Right to Washington Sex Offender Treatment Program Records in Public Records Case by The Washington State Court of Appeals has affirmed a trial court’s order that rejected Monroe Correctional Facility prisoner Ronnie Hick’s claim against the Department of Corrections (DOC) for violations of the Public Records Act (PRA). Hicks …
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