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Article • April 15, 2011
U.S. 1, 99 S.Ct. 2100, 60 L.Ed.2d 668 (1979), which dealt with parole decisions, was the controlling case. The Fifth Circuit had previously held that the current Texas mandatory supervision scheme ...
were clearly present in this case: (1) a prior judgment on the merits, (2) rendered by a court of competent jurisdiction, (3) with substantial identity of the parties, and (4) with the same cause ...
Article • April 15, 2011
the state had standing to challenge the order because of its duty under § 27.01(1), Florida Statutes, to be a party to criminal cases. The appellate court then found that no number of cases could be divined ...
Article • May 15, 2011
.” See: Gendler v. Batiste, Case No. 08-2-01833-1 (Thurston County Superior Court, Wash. Feb. 2, 2009). ...
Article • April 15, 2011
by the Legislature only “to further its purposes.” The Court of Appeal identified those purposes as: (1) preexisting public health by expanding treatment for drug addiction and abuse; (2) enhancing public safety ...
objections. During the period from 1991 to 1993, Shams applied for a promotion to mental health consultant in Regions 1 and 4, but was rejected in favor of less experienced, less qualified persons not in his ...
Article • April 15, 2011
: Mitchell v. Washington Department of Corrections, No. 38767-1-II (Court of Appeal, Div. II). ...
Article • December 15, 2011 • from PLN December, 2011
the county, which was removed to federal court on July 1, 2011, claiming that Ferguson was subjected to “egregious and unjustifiable treatment” which led to his death. The lawsuit also names CMS, Hodge ...
Article • October 5, 2014
information not previously officially acknowledged. The court came to this conclusion after recounting 1) the president’s public acknowledgement (on January 30, 2012) that the U.S. uses drone strikes ...
42.56.240(1), the investigative records exemption. Koenig appealed.   The appeals court held that the victim impact statement was exempt and the SSOSA evaluation was not. Koenig appealed to the Supreme ...
Article • March 30, 2016
; 391(b) (1). The Court of Appeals reversed, observing “that unless or until an action ... has been commenced, it does not qualify as ‘litigation’ for purposes of the vexatious ...
Article • August 15, 2011 • from PLN August, 2011
County, U.S.D.C. (D. Ala.), Case No. 1:10-cv-00236-WS-M. Additional source: www.blog.al.com ...
Article • June 15, 2012 • from PLN June, 2012
-degree murder. Under Washington law, defendants convicted of first-degree murder must serve a mandatory minimum of 20 years before becoming eligible for earned release credits. RCW 9.94A.540(1 ...
Article • June 15, 2012
with the Hennepin County Attorney's Office. In reaching its conclusion, the Court noted that: (1) the Hennepin County Attorney's Office is a large organization that handles a high volume and wide variety of cases ...
rests upon the inadequacy of a remedy at law. A-1 Pallet Co. v. City of Jackson, 40 So. 3d 563 (Miss. 2010). The Supreme Court stated that the UPCCRA "promulgates specific procedures for the adjudication ...
Article • June 15, 2012
was not allowed by the judge. Secondly, the Section 402 prosecution was based upon Kimsey's failure to follow Local Rules 10-1 and 10-2 as to the unauthorized practice of law. The court held that "Section 402 does ...
Article • July 15, 2012
Filed under: Sentencing
and granted the state's request. The Court of Appeals rejected Estey's argument "that ORS 13 8.083(1)(a) does not authorize a trial court to enter an amended judgment merely to conform the judgment ...
Article • July 15, 2012
, dismissing the RLUIPA claims because: (1) money damages are not available against officials sued in their official capacity under RLUIPA, and (2) Alvarez's declaratory and injunctive relief claims were moot ...
Article • July 15, 2012
Filed under: Sentencing, Good Time
grounds: 1) Peretz suffered no constitutional deprivation because he was required by statute to serve 180 days, 2) the Director of the Illinois Department of Corrections was the party responsible ...
Article • August 15, 2013 • from PLN August, 2013
of the other settlements were in the $5,000 to $50,000 range, according to a June 1, 2013 news report. Some of the cases stemmed from sexual abuse claims. According to British Columbia prison spokesman Marnie ...
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