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Article • November 15, 2013 • from PLN November, 2013
Filed under: Sentencing, Good Time
California: Enhanced Presentence Conduct Credits Not Available to Defendants Who Committed Crimes Before Statute’s Effective Date by In an October 15, 2012 unpublished ruling, the California Court of Appeal rejected a claim that the denial of enhanced presentence conduct credits to a defendant who committed his offense before October 1, …
California: State Not Liable for Failure to Provide Needed Treatment so Long as Medical Care is Summoned by On January 15, 2013, the California Court of Appeal held that state prison officials were immune from liability, as a matter of law, for decisions that resulted in a prisoner failing to …
Article • November 15, 2013 • from PLN November, 2013
Filed under: Sentencing, Probation
California: No-Gang-Contact Probation Condition Struck Down by On October 24, 2012, the California Court of Appeal modified a no-gang-contact condition of probation placed on a defendant who had pleaded no contest to possessing methamphetamine. The appellate court held that because neither the defendant nor his family had any ties to …
Ninth Circuit: Adam Walsh Detention Doesn’t Toll Term of Supervised Release by Derek Gilna In a case of first impression, the Ninth Circuit Court of Appeals held that the period of time spent in civil confinement under the Adam Walsh Act does not constitute “imprisonment,” and that a defendant’s period …
Article • November 15, 2013 • from PLN November, 2013
Attorney Fees Not Exempt from Disclosure Under California Public Records Act by The California Court of Appeal held on November 16, 2012 that billing and payment records reflecting the amount of money a government agency paid in attorney fees to defend against a pending civil rights action were not exempt …
Brief • November 15, 2013
M.H. v. County of Alameda, CA, Expert Report, Corizon Alcohol Withdrawal Death, 2014
Harrison v. Alameda Co, CA, Medical Report, Alcohol Withdrawl Beaten Blunt Force Wrongful Death, 2013 Michael M. Baden, M.D. rd 15 West 53 Street, Suite 18 New York, New York 10019 Telephone: (212) 397-2732 Facsimile: (212) 397-2754 E-mail: MBaden@mac.com 15 November 2013 Via e-mail to haddad.sherwin@sbcglobal.net Julia Sherwin, Esq. Haddad …
Brief • November 14, 2013
Filed under: False Arrest
Cornell v. San Francisco, CA, Ptf's Memo re Partial Jury Verdict, False Arrest, 2013 1 2 3 4 5 6 7 MICHAEL J. HADDAD (State Bar No. 189114) JULIA SHERWIN (State Bar No. 189268) GINA ALTOMARE (State Bar No. 273099) GENEVIEVE K. GUERTIN (State Bar No. 262479) HADDAD & SHERWIN …
Brief • November 13, 2013
Hesterberg v. United States, CA, Order Denying Plf Mot PSJ, False Arrest Excessive Force for Leash Law Violation, 2013 Case3:13-cv-01265-JSC Document54 Filed11/13/13 Page1 of 31 1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT 8 FOR THE NORTHERN DISTRICT OF CALIFORNIA 9 10 Northern District of …
Brief • November 12, 2013
Filed under: Mental Health
Coleman v Brown, CA, Response MIL, prison population, 2013 1 Case 2:90-cv-00520-LKK-DAD Document 4919 Filed 11/12/13 Page 1 of 7 2 3 4 5 6 7 JEFFREY BLUMBERG (MD 219765835) E-mail: Jeffrey.Blumberg@usdoj.gov Telephone: (202) 353-1072 KYLE SMIDDIE (NJ 021852011) Telephone: (202) 307-6581 E-mail: Kyle.Smiddie@usdoj.gov Trial Attorneys Civil Rights Division Special …
Hernandez v. Country of Monterey, CA, Complaint, Jail Medical Neglect, 2013 Case5:13-cv-02354-PSG Document16 Filed10/31/13 Page1 of 109 1 MICHAEL W. BIEN – 096891 GAY CROSTHWAIT GRUNFELD – 121944 2 MICHAEL FREEDMAN – 262850 KRISTA STONE-MANISTA – 269083 3 ROSEN BIEN GALVAN & GRUNFELD LLP 4 315 Montgomery Street, Tenth Floor …
How Many Inmate Deaths is too Many? by Dave Maass by Dave Maass & Kelly Davis San Diego CityBeat Bernard Joseph Victorianne was a 28-year-old black male with a ticking time bomb in his stomach. Victorianne was arrested on September 12, 2012, less than two blocks from the San Diego …
Article • October 15, 2013 • from PLN October, 2013
Sex Offenders Who Fail to Register May Receive Life Sentence Under California’s “Three Strikes” Law by The California Supreme Court has held that, depending on the specifics of the underlying offense, failure to register as a sex offender may subject a defendant with two qualifying prior serious and/or violent convictions …
Article • October 15, 2013 • from PLN October, 2013
CDCR to Block Contraband Cell Phone Signals at all Facilities by The California Department of Corrections and Rehabilitation (CDCR) has awarded a six-year system-wide telephone contract to Global Tel*Link (GTL), which requires the company to install equipment capable of blocking signals from contraband cell phones at the state’s 33 adult …
Article • October 15, 2013 • from PLN October, 2013
Filed under: Sentencing, Good Time
California: Court May Not Award Increased Presentence Conduct Credits to Categorically Disqualified Prisoners by On July 19, 2012, the California Supreme Court held that a trial court’s discretionary power to dismiss a criminal action “in furtherance of justice” pursuant to Penal Code Section 1385 did not extend so far that …
IFRP Payment Schedule May Not be Delegated to BOP by Sentencing Judge by Derek Gilna The U.S. Court of Appeals for the Ninth Circuit has held that “where the sentencing court has failed to consider whether the defendant has the financial resources to pay restitution immediately, ordering immediate payment impermissibly …
Brief • October 15, 2013
Filed under: False Arrest
Cornell v. San Francisco, CA, Ptf's Proposed Jury Instrucitons, False Arrest, 2013 1 2 3 4 5 6 7 MICHAEL J. HADDAD (State Bar No. 189114) JULIA SHERWIN (State Bar No. 189268) GINA ALTOMARE (State Bar No. 273099) GENEVIEVE K. GUERTIN (State Bar No. 262479) HADDAD & SHERWIN 505 Seventeenth …
Brief • October 15, 2013
Willis v. Vasquez, CA, Verdict, Beating by Jail Guard Gang, 2013 Case 2:10-cv-07390-JAK-DTB Document 425 Filed 10/15/13 Page 1 of 12 Page ID #:6028 FILED CLERK U.S. DISTRICT COURT OCT , 12813 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION Tyler H. Willis, Plaintiff, v. Vasquez, et aI., …
Brief • October 8, 2013
Harrison v. Alameda County, CA, Condensed Transcript of Gilbert, Wrongful Death Alcohol Withdrawal, 2013 HARRISON v. COUNTY OF ALAMEDA DEPOSITION OF LENORE GILBERT CONDENSED TRANSCRIPT October 8, 2013 CRANGLE REPORTING SERVICES (510) 653-1312 www.cranglereporting.com DEPOSITION OF LENORE GILBERT DEPOSITION OF LENORE GILBERT UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA …
Brief • October 3, 2013
Ceballos v. Contra Costa County, CA, Complaint, Excessive Force, 2013 Case3:13-c\ . 584-L,B Doc;umentl Filedl0/03/13( agel of 9 ·l 2 3 4 5 Kenneth N. Frucht (SBN 178881) FrederickJ. Geonetta (SBN 114824) GEONEITA & FRUCHT, LLP 100 Montgomery Street, Suite 1600 San Francisco~ CA 94104 Tel: (415) 433-4589 Fax: (415) …
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