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Prisoner's Presence at Civil Trial May Be Ordered by The Fourth Circuit Court of Appeals has outlined the considerations a district court should make when deciding whether to stay a prisoner's civil rights action pending the prisoner's release from prison. The prisoner was detained in the Baltimore City Jail pending …
Article • May 15, 2007
United States Supreme Court: Laws Prohibiting Homosexuality Are Unconstitutional by United States Supreme Court: Laws Prohibiting Homosexuality Are Unconstitutional In an historic 6-3 decision overturning legal precedents and numerous cultural presumptions, the United States Supreme Court held that laws prohibiting private, consensual sex acts between consenting adults of the same …
Article • May 15, 2007
Oregon Seizure of Punitive Damages for Victim Fund Upheld by The Oregon Supreme Court, sitting En Banc, held that Oregon's "split recovery" statute authorizing the State to seize 60 percent of all punitive damages awards does not violate the Oregon Constitution. Since 1987, ORS 18.540 has "directed that [60 percent] …
Article • May 15, 2007
$32,500 Awarded to Citizens for Louisiana Prisoner's Escape by The Supreme Court of Louisiana held the State is liable for damages incurred by a prisoner in the process of escape. After a bench trial court awarded damages of $17,500 to Alvin Wilson and $15,000 to Ed Hillard, Jr. The Appeals …
Article • May 15, 2007
Brother Sentenced in Attempted Escape of Federal Prisoner by The United States District Court of New Mexico sentenced Adalberto Nava-Sotelo, alias Robert Montoya and El Guero, in the attempted escape of his older brother Oswaldo Nava-Sotelo, a prisoner in federal custody. On May 8, 2001, Adalberto Nava-Sotelo drove from his …
Article • May 15, 2007
Conspiracy to Retaliate Against Jailhouse Lawyer Claim Stated; Equal Protection Claim Stated for Lifer Discrimination by An Iowa Federal District Court held a prisoner at the Anamosa State Penitentiary pled claims of retaliation and denial of equal protection for his "lifer" status that are sufficient to defeat dismissal. The prisoner …
Request at Trial Seeking Funds for DNA Expert Too Late; BOP Guard Convicted of Rape by Request at Trial Seeking Funds for DNA Expert Too Late; BOP Guard Convicted of Rape The First Circuit Court of Appeals affirmed the conviction of a Puerto Rico Federal Bureau of Prison guard's conviction …
Article • May 15, 2007
Prisoner Conviction Upheld For Constructive Possession Of Weapon In Cell by The Indiana Court of Appeals upheld Fulton County prisoner Kristopher Abney's conviction for possessing material capable of causing bodily injury and affirmed his seven-year DOC sentence. Abney was found guilty at a jury trial and he appealed the conviction …
Article • May 15, 2007
WA Reasonable Doubt Instruction Re-Defined in Prison Escape by Bruce Bennett was convicted in the Clallam County Superior Court of attempted first degree escape from the Clallam Bay Corrections Center. Before the jury began its deliberations, the court gave its instructions. Among them was the comment that the jury must …
Wrongful Death Lawsuit Of Prison Teacher Taken Hostage Settled for $1.3 Million by Wrongful Death Lawsuit Of Prison Teacher Taken Hostage Settled for $1.3 Million Kevin Taylor, husband and Administrator of his deceased wife Beverly's estate, a former teacher at the Southern Ohio Correctional Facility, settled a State Court civil …
Article • May 15, 2007
WA Prisoner's Rights Not Violated by Interrogation Without a Lawyer or Miranda Warnings by WA Prisoner's Rights Not Violated by Interrogation Without a Lawyer or Miranda Warnings Darrell Everybodytalksabout was convicted of 1st degree murder for the stabbing death of Rigel Jones in 1996. While the case was on appeal …
Article • May 15, 2007
Washington Prisoner Prevails In Alleged Failure To Register As Sex Offender by Washington State prisoner Gilbert Stratton was convicted by a Cowlitz County trial court of failure to register as a sex offender. Stratton had defaulted on the purchase of a residence but received permission from the real estate agency …
Article • May 15, 2007
Prisoner Guilty Of Introduction Of Marijuana Into County Jail by State prisoner Gary Yarbro was found guilty of introducing marijuana into the Hardin County (Tennessee) jail in a tube of toothpaste upon reporting to serve a forty-five day sentence on an unrelated charge. Yarbro was allowed to bring a clothes …
Article • May 15, 2007
Preemptive Prisoner Assault Not Justified As Self Defense by In an unpublished opinion by the California Court of Appeals, State prisoner Travis Thompson, an African-American, was denied a defense of preemptive assault upon a Hispanic prisoner, allegedly to prevent such an attack upon him. Thompson was found guilty of assault …
Article • May 15, 2007
WA Conviction of Possession of a Controlled Substance Affirmed by Gary Hutt was a prisoner in the Grant County Jail in Ephrata, Washington. In November of 2003 Paul Holland left drugs in a toilet tank at a medical center across the street from the jail, where a prisoner pretending to …
Article • May 15, 2007
Escape Triggers Texas Statute of Limitations for Civil Case Filing by The Fifth Circuit Court of Appeals has held that a prisoner's escape lifts his disability to allow the statute of limitations to run for the filing of a tort suit. This action was filed by Texas a prisoner, alleging …
Article • May 15, 2007
FBI Mob Murder Claim Filed Too Late by The First Circuit Court of Appeals upheld the dismissal of a Federal Tort Claims Act (FTCA) claim against the Federal Bureau of Investigation (FBI) for a 1982 murder. John Callahan was the chief executive officer of World Jai Alai, a gambling organization …
Article • May 15, 2007
Inevitable Arrest Precludes Downward Departure Sentence for Escape by The Ninth Circuit Court of Appeals has held that a prisoner being sentenced for escape was not entitled to a downward departure sentence for voluntarily surrendering because his willingness to cooperate arose in connection with his arrest for trespassing. Christopher Blandin …
Prison Disciplinary Action Does Not Bar Later Criminal Proceedings by The Third Circuit Court of Appeals has affirmed a federal district court in the Virgin Islands' denial of a motion to dismiss a prisoner's criminal charges of assault in the third degree and possession of a weapon. Wilfredo Diaz was …
Actual Innocence Required in Washington Criminal Malpractice Actions by Actual Innocence Required in Washington Criminal Malpractice Actions In a 5-4 decision, the Washington Supreme Court held that plaintiffs suing criminal defense attorneys for legal malpractice must prove that they are innocent of the underlying criminal charge. Dr. Jessy Ang and …
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