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Indiana Supreme Court Strikes Down Prisoner Frivolous Litigator Law by By John E. Dannenberg The Indiana Supreme Court held that Indiana's 2004 "Three Strikes Law," which forever barred a prisoner from filing another lawsuit if he had earlier had three prior suits dismissed as frivolous, violated the Open Courts Clause …
Article • July 15, 2011
Second Circuit Analyzes Civil Process Extension Rule Application by By David M. Reutter The Second Circuit Court of Appeals has held that a district court may exercise its discretion to grant extensions under Fed. R. Civ. P. 4 (m), absent a showing of good cause under certain circumstances. In the …
Article • July 15, 2011
Nevada Supreme Court: Parole Board Hearings Exempt From Open Meetings Law by Matthew Clarke by Matt Clarke On September 20, 2007, the Supreme Court of Nevada held that parole release meetings were exempt from the requirements of the Nevada Open Meetings Law (OML), N.R.S. Chapter 241. John Witherow, a Nevada …
Article • July 15, 2011
Arizona Reverses Denial of Attorney Fees In Arpaio Public Records Case by Matthew Clarke By Matt Clarke An Arizona court of appeals has reversed the denial of attorney fees and award of costs to defendants in a suit brought to compel Maricopa County Sheriff Joseph M. Arpaio to produce public …
Louisiana Court Of Appeals Overturns Strip Tier Cell InjunctionOverturns by Matthew Clarke Louisiana Court Of Appeals Overturns Strip Tier Cell Injunction By Matt Clarke On June 20, 2007, a Louisiana state court of appeals overturned a district court’s granting of an injunction against prison officials placing the prisoner into a …
California Federal Court Refuses to Dissolve Most of Orantes Injunction by Matthew Clarke By Matt Clarke On July 23, 2007, a federal district court in California issued an opinion declining to dissolve the injunction issued in Orantes-Hernandez v. Meese, 685 F.Supp. 1488 (C.D.CA 1988), 919 F.2d 549 (9th Cir. 1990), …
Article • July 15, 2011
Mandamus Issued Voiding Texas Court’s Seizure Of Trust Fund without Process by Matthew Clarke by Matt Clarke A Texas court of appeals has conditionally granted a prisoner’s petition for a writ of mandamus, voiding a district court’s order garnishing funds from the prisoner’s trust fund to pay court costs in …
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, …
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 …
No Right to Destruction of Juvenile Records in Virginia by David Reutter By David M. Reutter The Virginia Supreme Court has held that there is no vested right under state law to have juvenile records destroyed. The Court, however, found that an expert’s testimony was inadmissible because that testimony was …
Article • July 15, 2011
Illinois Statute Authorizing Revocation of Good Time Credits for Frivolous Court Filings Upheld by Brandon Sample By Brandon Sample The State of Illinois may lawfully deprive good time credits from prisoners who file frivolous post-conviction petitions, the Appellate Court of Illinois, Fourth District, decided November 26, 2008. Cameron Shaw, an …
Article • July 15, 2011
Reporter Cannot be Compelled to Disclose Source Under Pennsylvania Law by David Reutter By David M. Reutter The Pennsylvania Supreme Court has held the state’s media shield law prohibits the compelled disclosure of a confidential source’s identity, or any information that could expose the source’s identity, rejecting an invitation to …
Article • July 15, 2011
Florida Supreme Court Rules on Cost Assessment by David Reutter By David M. Reutter In settling direct conflicts between two district courts of appeals decisions, the Florida Supreme Court has held that applying a statute retroactively to assess costs is not an ex post facto violation. The Court accepted review …
Qualified Immunity Based Summary Judgment Denied in Ohio Excessive Force Case by On November 25, 2008, an Ohio federal court denied prison officials' motion for summary judgment based on qualified immunity in an excessive force case. The court also denied defendants' motions to dismiss, for judgment on the pleadings and …
Article • July 15, 2011
Following Federal Court Practice, Florida State Courts Begin Secret Dockets by While court dockets and files are required to be open for public viewing under the U.S. Constitution, more and more courts are disregarding that provision and hiding selected case from the public’s view. In some cases, the matter totally …
Article • July 15, 2011
Federal Magistrate Judge May Conduct Voir Dire without Defendant’s Personal Consent, Supreme Court Holds by A federal magistrate judge may conduct voir dire in a criminal case upon consent of a defendant’s attorney. No personal consent by a defendant is necessary, the Supreme Court decided May 12, 2008. Homero Gonzalez …
Article • July 15, 2011 • from PLN July, 2011
Georgia: Child Support Contempt Findings Create Debtor’s Prisons by David Reutter by David M. Reutter The Great Recession has put millions of Americans out of work, which has caused more people than usual to become delinquent on their child support obligations and other debts. Many courts, especially those in Georgia …
Article • July 15, 2011 • from PLN July, 2011
Seventh Circuit Finds Appeal is Timely Despite E-Filing Error by On May 3, 2010, the Seventh Circuit Court of Appeals held that a Wisconsin prisoner’s appeal was timely even though it was filed past the deadline due to an electronic filing error. Scot Vince, a longtime informant for Rock County, …
Article • July 15, 2011 • from PLN July, 2011
Filed under: Limitations, Mail, Legal Mail
Ninth Circuit Applies Houston Mailbox Rule to § 1983 Actions by Ninth Circuit Applies Houston Mailbox Rule to § 1983 Actions The Ninth Circuit Court of Appeals has joined nine other Circuits in holding that the prison mailbox rule set forth in Houston v. Lack, 487 U.S. 266 (1988) applies …
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