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Article • May 15, 2013
Filed under: Civil Procedure, Damages
Eleventh Circuit Court of Appeals Strips Plaintiff of Punitive Damages by The U.S. Court of Appeals for the Eleventh Circuit heard a second appeal in May 2012 in a privacy case involving Larry Flynt Publishing Group, LLC (LFP) and the estate of a deceased model. Maureen Toffoloni, the mother and …
Article • May 15, 2013
Ex-prisoners' Petition for Restoration of Firearm Rights Denial Reversed by On September 14, 2012, Supreme Court of Virginia considered two separately granted and briefed appeals as one because they represented the same question of law. Scott A. Gallagher and George Junior Vanover had both received orders from the governor's office …
Article • May 15, 2013
Florida Supreme Court Bars Repetitious Prison Litigant by The Florida Supreme Court imposed sanction on a state prisoner for repeatedly filing meritless legal petitions with both the First District Court of Appeals and the Florida Supreme Court. Shernerd Richardson was serving his sentence for a sex offense when he appealed …
Article • May 15, 2013
Hearst Television Wins Right to Know Case against Pennsylvania Coroner by Hearst Television, Inc., through its television affiliate WGAL-TV and reporter, Daniel O'Donnell, finally prevailed on its appeal to the Pennsylvania Supreme Court that it was entitled to obtain information responsive to a records request with the Cumberland County Coroner, …
Article • May 15, 2013
Mississippi Supreme Court Reverses $12.7 Million Tax Overpayment Award in AT&T’s Favor by Mississippi Supreme Court Reverses $12.7 Million Tax Overpayment Award in AT&T’s Favor In September 2012, the Supreme Court of Mississippi reversed a Hinds County Chancery Court ruling that awarded AT&T nearly $13 million as a result of …
Article • May 15, 2013
No Collateral-Order Review of Refusal to Quash; Seventh Circuit Would Affirm on Merits by The Seventh Circuit Court of Appeals held that it lacked jurisdiction to hear a collateral-order appeal of two non-party state agencies that unsuccessfully moved to quash subpoenas. Even if it had appellate jurisdiction, however, the court …
Article • May 15, 2013
Filed under: Civil Procedure, Service
Ohio Supreme Court: Due Process Not Satisfied by Procedure Requiring Parties to Monitor Internet for Property Foreclosure Sales by In September 2012, the Ohio Supreme court held that it was insufficient for due process purposes to serve constructive notice on a party via the Internet, where the party has a …
Rearrest Improperly Frustrates Oregon Speedy Trial Rights by The En Banc Oregon Supreme Court held that the State may not thwart speedy trial rights by releasing and re-arresting criminal defendants. Oregon criminal defendants may be held in custody just 60 days before trial, ORS 136.290(1). If trial is not commenced …
Article • May 15, 2013
Registered Sex Offender Not Required to Reregister After Overnight Jailing by A registered sex offender was arrested on a non-related charge. After one night in jail, he failed to comply with the West Virginia Sex Offender Registration Act by not reregistering by the third business day. The State indicted Timothy …
Article • May 15, 2013
Seventh Circuit Permits Insurance Company to Deny Coverage of Civil Rights Claims by Derek Gilna The city of Waukegan, Illinois had been issued two comprehensive general liability Insurance policies, effective November 1, 1991 to November 1, 1995. Both policies contained a “law enforcement liability provision,” providing that the insurer “would …
Article • May 15, 2013
Sex Offender Housing Restrictions Imposed by Jessica's Law Temporarily Stayed in Los Angeles County by On November 1, 2010, Superior Court Judge Peter Espinoza temporarily stayed enforcement of the housing restrictions faced by registered sex offenders on active parole in Los Angeles County, finding that there is a strong likelihood …
Article • May 15, 2013
Supreme Court of Alaska Directs Human Rights Commission to Re-investigate Complaint by The Alaska Supreme Court held in June 2012 that the Alaska State Commission for Human Rights breached its duty to conduct an impartial investigation with respect to the complaint of William M. Toliver, II alleging the Brown Jug …
Article • May 15, 2013
Tenth Circuit Holds Prisoner Not Entitled to Equitable Tolling by On November 18, 2011, United States Court of Appeals, Tenth Circuit upheld an equitable tolling claim. Oklahoma State prisoner Calvin Eugene Barnett filed a pro se lawsuit pursuant to 42 U.S.C. §1983 in federal court alleging his constitutional rights were …
Article • May 15, 2013
Filed under: Sentencing, Parole
U.S. First Circuit Court of Appeals Affirms Parole Board by The United States Court of Appeals for the First Circuit affirmed the decision of the U.S. District Court for the District of Massachusetts in upholding the Massachusetts Parole Board’s denial of parole for Appellant Rolando Jimenez for the 1982 second-degree …
Article • May 15, 2013
W. Virginia Supreme Court of Appeals Rejects Constitutional Challenge to State’s Sex Offender Registration Act by In June 2012, the Supreme Court of Appeals of West Virginia addressed two certified questions from the Circuit Court of Pleasant County, both concerning the constitutionality of West Virginia’s Sex Offender Registration Act (SORA). …
Article • May 15, 2013
New Mexico Allows Sibling Loss-of-Consortium Claims by The New Mexico Supreme Court held that loss-of-consortium claims may extend to sibling relationships upon a sufficient showing of mutual dependence. Twenty-two year old Jason Wachocki was killed when he was hit by a speeding van, driven by Metropolitan Detention Center guard Willie …
Article • May 15, 2013
Georgia Prison Doctor Sued for Illegally Importing Drugs Used to Execute Troy Davis by David Reutter by David M. Reutter On June 20, 2011, the Southern Center for Human Rights (SCHR) filed a complaint with the Georgia Composite Medical Board against Dr. Carlo Musso, seeking the revocation or suspension of …
Article • May 15, 2013
Connecticut Process Server Entitled to Copy Fee by The Connecticut Supreme Court has held that a process server is entitled to receive a fee for copies even where the server did not make the copies. The ruling came in a writ of error proceeding brought by State Marshal Lisa H. …
Article • May 15, 2013
Filed under: Sentencing, Probation
Due Process Requirements Not Met in Washington Probation Violation Notice by On May 27, 2010, the Washington Supreme Court granted a prisoner's personal restraint petition. In doing so, the Court held that the level of specificity provided in the Department of Correction's (DOC) notice of probation violation did not meet …
Article • May 15, 2013
Filed under: Sentencing, Parole
Counsel May Review "Confidential" Oregon Parole Board Evidence by Counsel May Review "Confidential" Oregon Parole Board Evidence On December 22, 2010, the Oregon Court of Appeals held that counsel for two prisoners appealing orders of the Oregon Board of Parole and Post-Prison Supervision (Board) may review confidential evidence in the …
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