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Article • January 12, 2015
Prisoner Loses Habeas Suit Challenging Loss of BOP Good Time for “Constructive Possession” of a Weapon by Derek Gilna Prisoner Loses Habeas Suit Challenging Loss of BOP Good Time for “Constructive Possession” of a Weapon by Derek Gilna Federal prisoner Travis Denny was found in be in “constructive possession” of …
Article • January 12, 2015
New York Prisoner Awarded $1,170 for SHU Time Caused by Hearing Violation by New York Prisoner Awarded $1,170 for SHU Time Caused by Hearing Violation A New York Court of Claims awarded $1,170 to a prisoner for 39 days of excessive, unprivileged confinement in a Special Housing Unit (SHU) at …
Article • January 12, 2015
Dismissal of Arkansas Prisoner’s Suit over False Disciplinary Action Affirmed by Dismissal of Arkansas Prisoner’s Suit over False Disciplinary Action Affirmed On May 1, 2014, the Supreme Court of Arkansas affirmed a lower court's decision to dismiss a lawsuit filed by a state prisoner alleging that he was issued a …
Article • January 10, 2015 • from PLN January, 2015
Admission of Jail Disciplinary Records at Criminal Trial May Violate Confrontation Clause by David Reutter Admission of Jail Disciplinary Records at Criminal Trial May Violate Confrontation Clause by David M. Reutter The Texas Court of Appeals, First District, held in December 2013 that the admission of jail disciplinary records at …
Brief • December 11, 2014
Orr v. California Highway Patrol, CA, Deposition - Brame 2, use of video recording, 2014 ORR v. CALIFORNIA HIGHWAY PATROL VIDEOTAPED DEPOSITION OF CHP OFFICER JAY BRAME Volume II Pages 192 - 270 CONDENSED TRANSCRIPT December 11, 2014 CRANGLE REPORTING SERVICES (510) 653-1312 www.cranglereporting.com VIDEOTAPED DEPOSITION OF CHP OFFICER JAY …
Brief • November 24, 2014
Orr v. California Highway Patrol, CA, Deposition - Cope, use of video recording, 2014 ORR v. CALIFORNIA HIGHWAY PATROL DEPOSITION OF CURTIS J. COPE CONDENSED TRANSCRIPT November 24, 2014 CRANGLE REPORTING SERVICES (510) 653-1312 www.cranglereporting.com DEPOSITION OF CURTIS J. COPE DEPOSITION OF CURTIS J. COPE IN THE UNITED STATES DISTRICT …
Brief • November 21, 2014
Phillips v. City of Chicago, IL, Complaint, False Arrest & Malicious Prosecution, 2014 Case: 1:14-cv-09372 Document #: 1 Filed: 11/21/14 Page 1 of 20 PageID #:1 IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS, EASTERN DIVISION Paul Phillips, Plaintiffs, v. CITY OF CHICAGO; CHICAGO POLICE OFFICERS ANTHONY VILLARDITA …
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 …
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