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Publication • October 24, 2014
Filed under: Disciplinary Hearings
SC DOC Social Media Disciplinary Report 2014 SOUTH CAROLINA DEPARTMENT OF CORRECTIONS October 24, 2014 SOCIAL MEDIA DISCIPLINARY REPORT OFFENDER NAME (SCDC #) DATE DESCRIPTION DISPOSITION OUTZS, LETRAVIS MARKEL (00328172) 10/22/2014 CREAT/ASSIST WITH SOCIAL NETWORKING SITE CONVICTED 10/21/2014 CREAT/ASSIST WITH SOCIAL NETWORKING SITE CONVICTED 10/15/2014 CREAT/ASSIST WITH SOCIAL NETWORKING SITE …
Brief • October 9, 2014
Orr v. California Highway Patrol, CA, Deposition - Brame 1, use of video recording, 2014 ORR v. CALIFORNIA HIGHWAY PATROL VIDEOTAPED DEPOSITION OF JAY BRAME CONDENSED TRANSCRIPT October 9, 2014 CRANGLE REPORTING SERVICES (510) 653-1312 www.cranglereporting.com VIDEOTAPED DEPOSITION OF JAY BRAME VIDEOTAPED DEPOSITION OF JAY BRAME UNITED STATES DISTRICT COURT …
Article • September 12, 2014 • from PLN September, 2014
Texas: Unconstitutional to Revoke Probation Due to Refusal to Self-Incriminate During Polygraph or Therapy by Matthew Clarke Texas: Unconstitutional to Revoke Probation Due to Refusal to Self-Incriminate During Polygraph or Therapy by Matt Clarke On May 8, 2013, the Texas Court of Criminal Appeals held that a probationer’s term of …
Brief • August 20, 2014
Byrd v. Iowa, IA, Order, Disciplinary Habeas Challenge, 2014
Ninth Circuit: Prisoner’s Service of Process for Other Prisoner Not Protected Conduct by Mark Wilson Ninth Circuit: Prisoner’s Service of Process for Other Prisoner Not Protected Conduct by Mark Wilson On September 10, 2013, the Ninth Circuit Court of Appeals affirmed the dismissal of a prisoner’s retaliation claim, holding that …
Article • July 9, 2014 • from PLN July, 2014
Kentucky Prisoner’s Due Process Rights Violated in Disciplinary Hearing by Robert Warlick Kentucky Prisoner’s Due Process Rights Violated in Disciplinary Hearing by Robert Warlick On August 29, 2013, the Kentucky Supreme Court affirmed an appellate decision that found an Adjustment Committee (AC) in a prison disciplinary proceeding had violated a …
Article • May 20, 2014 • from PLN May, 2014
Liberty Interest Necessary to Trigger Arkansas Judicial Review by Mark Wilson Liberty Interest Necessary to Trigger Arkansas Judicial Review   by Mark Wilson   The Arkansas Supreme Court has upheld the dismissal of a prisoner’s state judicial review action because he failed to assert a constitutional violation. Arkansas Department of …
Berrian v. New York, NY, Legal Aid Memo in Support of Attorney's Fees and Costs (2014 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK STAFFORD BERRIAN, 13 CIV. 1719 (DLC) (DLF) Plaintiff, – against – CITY OF NEW YORK; Commissioner DORA B. SCHRIRO; Chief of Department MICHAEL HOURIHANE; Deputy …
Second Circuit: Videoconference at Resentencing Violates Right to be Present by The Second Circuit Court of Appeals has held that resentencing a defendant by videoconference violated his right to be present in court, and the government failed to satisfy its burden of establishing that the defendant knowingly and voluntarily waived …
Adverse Inference Instruction Required for New York Jail’s Destruction of Video Evidence by The New York Court of Appeals has held that when a criminal defendant acts with due diligence to demand the preservation of evidence that is reasonably likely to be of material importance, and the evidence is destroyed …
Washington Jail Denied Good Time without Due Process; Rehearing Ordered by The Washington Court of Appeals held in an unpublished opinion that a prisoner was denied good time credits without adequate due process protections. Allen Michael Knoll was held in the Skagit County jail between March 2011 and August 30, …
Iowa: Bad Faith or Misconduct can Overcome Mental-Process Privilege in Disciplinary Case by The Iowa Supreme Court has held that administrative law judges (ALJs) in the Department of Corrections (DOC) are entitled to assert the mental-process privilege in an Office of Ombudsman investigation, but that privilege may be overcome upon …
NY Prisoner’s Youthful Age Considered in Modifying Prison Disciplinary Sanction by The Appellate Division of New York’s Supreme Court, Fourth Judicial Division, after taking into account a prisoner’s youthfulness, modified the penalty imposed in a prison disciplinary hearing. Prisoner Paul Cookhorne was charged with violating various prison rules that included …
Hanna v. County of Fresno, CA, Letter requesting preservation of evidence, jail suicide, 2014 ROBERT NAVARRO Attorney at Law 1295 North Wishon Avenue, Suite 3 Fresno, California 93728 TEL: 559.497.5341 FAX: 559.497.5471 cell: 559.240.2354 February 12, 2014 The County of Fresno John Navarrette, Administrative Officer 2281 Tulare Street, Room 301 …
Massachusetts Supreme Court: 90 Days in Segregation on Awaiting Action Status without Hearing Violates Due Process by The Supreme Judicial Court of Massachusetts has ruled that prisoners held in segregated confinement on “awaiting action” status are entitled to due process protections, and such prisoners may not be kept in segregation …
SC Supreme Court Reverses Furtick; No Liberty Interest in Opportunity to Earn Sentence-Reduction Credits by The South Carolina Supreme Court held in late 2012 that the Administrative Law Court (ALC) may not summarily dismiss a prisoner’s appeal of a disciplinary conviction “solely on the basis that it involves the loss …
Brief • October 4, 2013
Filed under: Evidence, Witnesses
Harrigan v. Marion County et al, OR, Jury Instructions, evidence witness, 2013 Case 6:11-cv-06174-SI Document 118 Filed 10/04/13 Page 1 of 28 Page ID#: 699 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON DANIEL HARRIGAN, by and through his guardians CAROLE HARRIGAN and RANDY HARRIGAN, Case No. …
Brief • August 19, 2013
Filed under: Evidence, Witnesses
Harrigan v. Marion County et al, OR, Plf Jury Instructions, evidence witness, 2013 Case 6:11-cv-06174-SI Document 54 Filed 08/19/13 Page 1 of 28 Page ID#: 178 J. Ashlee Albies OSB #051846 E-mail: ashlee@civilrightspdx.com Michael Rose, OSB # 753221 E-mail: mrose@civilrightspdx.com CREIGHTON & ROSE, P.C. 500 Yamhill Plaza Building 815 S.W. …
Seventh Circuit Reverses Dismissal of Wisconsin Retaliation Suit by The Seventh Circuit Court of Appeals has held that a Wisconsin federal district court improperly dismissed a prisoner’s civil rights claim of retaliation for filing grievances because a prison disciplinary board found the prisoner was lying when filing his grievances. Wisconsin …
Article • August 15, 2013
Texas Lie Detectors Go Without Effective Regulation by Texas polygraph examiners are not subject to effective regulation, according to a recent report by the Sunset Advisory Commission, which reports to the Texas Legislature. Passing a lie-detector test can be crucial to getting or keeping a job. Key to ensuring the …
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