Skip navigation

Search

71798 results
Page 1507 of 3590. « Previous | 1 2 3 4 ... 1503 1504 1505 1506 1507 1508 1509 1510 1511 ... 3586 3587 3588 3589 3590 | Next »

Article • July 15, 2011
Texas Court of Appeals: No Law Library Access Right for Prisoner Who Waives Appointed Counsel by Matthew Clarke Texas Court of Appeals: No Law Library Access Right for Prisoner Who Waives Appointed Counsel By Matt Clarke On April 30, 2008, a Texas court of appeals ruled that a prisoner who …
Article • July 15, 2011
Filed under: Sentencing, Parole
Texas Prisoner Entitled to Separate Mandatory Supervision Calculation by By Matt Clarke On July 2, 2008, the Texas Court of Criminal Appeals held that a Texas prisoner who was originally had a mandatory-supervision-eligible sentence, but received two more consecutive sentences while incarcerated, had the right to have his sentences calculated …
Indiana Supreme Court Strikes Down Prisoner Frivolous Litigator Law by By John E. Dannenberg The Indiana Supreme Court held that Indiana's 2004 "Three Strikes Law," which forever barred a prisoner from filing another lawsuit if he had earlier had three prior suits dismissed as frivolous, violated the Open Courts Clause …
No Rehearing For Disciplinary Actions Vacated On Substantive Grounds by Bob Williams By Bob Williams In another unpublished decision, a unanimous Colorado Court of Appeals has held that if a prisoner's administrative disciplinary conviction is vacated on district court review, expungement and not a rehearing is mandatory if the reversal …
Treatment Required For Prisoners Committing Sex Offenses In Prison by Bob Williams By Bob Williams The Colorado Court of Appeals rejected a plea by a state prisoner to avoid Colorado's Sex Offender Treatment Program (SOTP) which the Colorado Department of Corrections (CDOC) requires based on sexually based disciplinary infractions. Timothy …
Article • July 15, 2011
Restitution Decisions Nondelegable; Alcohol Consumption Supervision Condition Invalid by The Ninth Circuit Court of Appeals held that a lower court erred in imposing supervision conditions which delegated restitution decisions to a probation officer, and prohibiting alcohol consumption. It upheld conditions restricting employment and requiring searches without a warrant. “Marcus Betts …
Article • July 15, 2011
Second Circuit Analyzes Civil Process Extension Rule Application by By David M. Reutter The Second Circuit Court of Appeals has held that a district court may exercise its discretion to grant extensions under Fed. R. Civ. P. 4 (m), absent a showing of good cause under certain circumstances. In the …
Article • July 15, 2011
Fifth Circuit: Texas Muslim Prisoners May Have Right to Wear Beards by On November 21, 2007, the Fifth Circuit court of appeals ruled that Texas state prisoners who are Muslims may have the right to wear a beard. Fredrick Gooden and Garrett Gibb, Texas state prisoners, filed suit under 42 …
Article • July 15, 2011
No Due Process Right In Avoiding Temporary Lock-Up; Unsanitary Bedding Actionable by Brandon Sample By Brandon Sample On April 10, 2008, the U.S. Court of Appeals for the Seventh Circuit affirmed in part and reversed in part the dismissal of a suit challenging a prisoner’s placement in Temporary Lock-Up (TLU) …
Article • July 15, 2011
Strip and Body Cavity Searches for Civil Contempt Arrestee Unjustified by Brandon Sample By Brandon Sample On March 28, 2008, U.S. District Judge Salvador E. Casellas denied a motion for judgment on the pleadings in a civil rights action challenging a strip and body-cavity search. Carmen Figueroa-Flores was involved in …
Article • July 15, 2011
Filed under: Sentencing, Parole
California Appellate Court Vacates Governor’s Reversal of Lifer’s Parole Grant by John Dannenberg by John E. Dannenberg The California Court of Appeal, Fourth District, vacated Governor Schwarzenegger’s reversal of a murderer’s grant of parole and reinstated parole. A majority of the court found that there was no evidence showing that …
Article • July 15, 2011
Nevada Supreme Court: Parole Board Hearings Exempt From Open Meetings Law by Matthew Clarke by Matt Clarke On September 20, 2007, the Supreme Court of Nevada held that parole release meetings were exempt from the requirements of the Nevada Open Meetings Law (OML), N.R.S. Chapter 241. John Witherow, a Nevada …
Article • July 15, 2011
Missouri Parole Board May Not Use Facts of Crime Already Considered by Governor in Clemency Approval to Deny Parole by The Missouri Supreme Court issued a peremptory writ of mandamus to the state parole board ordering new parole hearings for two life prisoners, and constraining the board from considering the …
Article • July 15, 2011
Filed under: Money/Property, Restitution
California: When Fine Imposed Is Payable to State Restitution Fund and Not Directly To Victim, 10% Administrative Fee Is Not Authorized by John Dannenberg By John E. Dannenberg The California Court of Appeal held that when a prisoner is ordered to pay a restitution fine to the State Restitution Fund, …
Article • July 15, 2011
Arizona Reverses Denial of Attorney Fees In Arpaio Public Records Case by Matthew Clarke By Matt Clarke An Arizona court of appeals has reversed the denial of attorney fees and award of costs to defendants in a suit brought to compel Maricopa County Sheriff Joseph M. Arpaio to produce public …
Idaho Court Of Appeals: Indigent Prisoners Not Required To Post Bond by Matthew Clarke By Matt Clarke The Idaho Court of Appeals has ruled that an indigent prisoner’s legal action cannot be dismissed for failure to post the bond required by I.C. § 6-610 of persons filing suit against a …
Louisiana Court Of Appeals Overturns Strip Tier Cell InjunctionOverturns by Matthew Clarke Louisiana Court Of Appeals Overturns Strip Tier Cell Injunction By Matt Clarke On June 20, 2007, a Louisiana state court of appeals overturned a district court’s granting of an injunction against prison officials placing the prisoner into a …
Article • July 15, 2011
Filed under: Medical, Medical Expenses
California: City Liable For Hospital Costs of Prisoner Taken from City Jail by John Dannenberg By John E. Dannenberg In May 2003, indigent prisoner Kenneth Denham was arrested and detained by Oakland police. Five days later they took him to the county jail, but the county refused to accept him …
Article • July 15, 2011
Fifth Circuit: Federal Government May Collect Restitution Up To 20-Years by Matthew Clarke By Matt Clarke The Fifth Circuit court of appeals held that the government may place a lien on property to collect restitution for up to twenty years after the judgment, even if the victim has waived collection …
Fifth Circuit Grants Louisiana Prison Doctor Qualified Immunity by Matthew Clarke by Matt Clarke The Fifth Circuit court of appeals reversed a Louisiana district court’s denial of qualified immunity for a prison doctor. Anthony Gobert, a former Louisiana state prisoner, was incarcerated at the Elayn Hunt Correctional Center (EHCC) and …
Page 1507 of 3590. « Previous | 1 2 3 4 ... 1503 1504 1505 1506 1507 1508 1509 1510 1511 ... 3586 3587 3588 3589 3590 | Next »