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Actual Innocence Required in Washington Criminal Malpractice Actions by Actual Innocence Required in Washington Criminal Malpractice Actions In a 5-4 decision, the Washington Supreme Court held that plaintiffs suing criminal defense attorneys for legal malpractice must prove that they are innocent of the underlying criminal charge. Dr. Jessy Ang and …
CA Officials Immune from False Arrest Suits by In June of 2002, Lenin Perez-Torres was arrested by federal agents and taken to the Los Angeles County Jail for parole violations. Unfortunately he was the wrong man. After 25 days jailers caught the mistake and released him. He joined a federal …
Article • May 15, 2007
Time Frame to Re-Apply for California Rehabilitation Certificate Begins on Denial Date by Time Frame to Re-Apply for California Rehabilitation Certificate Begins on Denial Date In a case of first impression, the California Appellate Court held the waiting period to re-apply for a certificate of rehabilitation by ex felons commences …
Article • May 15, 2007
Filed under: Damages, Sentencing, Parole
Pro Se Parole Suit for Damages Dismissed by The plaintiff claimed that he was held in prison too long. The parole agent defendant is granted summary judgment. At 613: ". . . [T]he law does not impose damages liability for a Section 1983 violation on an individual acting in her …
Previous Convictions And Serious Difficulty Controlling One's Actions Sufficient In SVP Determinatio by Previous Convictions And Serious Difficulty Controlling One's Actions Sufficient In SVP Determination A California State prisoner claimed due process violation when the court failed to instruct a jury that they had to find him "dangerous beyond his …
Article • May 15, 2007
Filed under: Sentencing
Detention While Awaiting Re-sentencing Is Still Term Of Imprisonment Under IAD by Detention While Awaiting Re-sentencing Is Still Term Of Imprisonment Under IAD The Washington State Court of Appeals has held that a prisoner awaiting re-sentencing after violating the terms of a previous sentence is still serving a term of …
Article • May 15, 2007
Wrongfully Convicted New York Man Denied Compensation Based on Improperly Verified Claim by Wrongfully Convicted New York Man Denied Compensation Based on Improperly Verified Claim A wrongfully convicted New York man satisfied the statutory requirements for a claim against the State but failed to verify it personally, resulting in dismissal …
Article • May 15, 2007
$183,000 Awarded To California Deputy District Attorney Attacked During Parole Hearing by $183,000 Awarded To California Deputy District Attorney Attacked During Parole Hearing In 1980, a California Deputy District Attorney (Savitt) was attacked and stabbed multiple times by a maximum security prisoner during a parole hearing. The prisoner had a …
Article • May 15, 2007
Law Library Claims Must Be Brought Under § 1983 by Law Library Claims Must Be Brought Under § 1983 Prisoners are entitled to sufficient law library access to "enable them to research law and to determine what facts may be necessary to state a cause of action." However, such a …
Parole Condition Barring Contact With Religious Sect Upheld by The plaintiff, Yahweh ben Yahweh, was directed to have no direct or indirect contact with members of the Nation of Yahweh ("Black Hebrews") without approval by his parole officer upon his mandatory release on his RICO conviction for involvement in activities …
Article • May 15, 2007
Restrained Juvenile Prisoner Settles Injury Claim For $1,000 by After filing suit in August 1997, a juvenile female prisoner who suffered emotional distress and facial bruising while being forcibly restrained by personnel at the Marygrove Residential Treatment Facility settled her claim for $1,000. The girl had alleged in her suit, …
Plaintiff Must Prove Liberty Interest in Avoiding Segregation by The plaintiff received a 30-day punitive segregation sentence and alleged deprivations of due process. At 1065: Assessing atypical and significant hardship is a question of fact that may require more than the complaint to assess, but this plaintiff filed hundreds of …
Article • May 15, 2007
No Filing Fee Waiver of Appeals in Three Strikes Cases by No Filing Fee Waiver of Appeals in Three Strikes Cases Plaintiff got his third strike in the district court, which, contrary to the literal language of the three strikes provision, granted him IFP status on appeal. At 541: That …
Article • May 15, 2007
Filed under: Sentencing
WA Plea Agreement Based on Incorrect Offender Score Vacated by In 2004, Shawn Wallwork, a Washington state prisoner, pled guilty to Theft and Unlawful Possession of a Firearm, pursuant to a plea agreement. He was sentenced to 87 months in prison in accordance with an agreed-to standard range of 87-116 …
Article • May 15, 2007
WI Parole Board's Labeling Necrophiliac a Sex Offender Doesn't Violate the U.S. Constitution by WI Parole Board's Labeling Necrophiliac a Sex Offender Doesn't Violate the U.S. Constitution Richard Grennier, a Wisconsin state prisoner, killed a teenage hitchhiker and raped and mutilated her body in 1973. He's been in prison ever …
Article • May 15, 2007
State Court Habeas for Spinal Treatment Bars Federal Suit by The plaintiff, wheelchair-bound as a result of a gunshot wound, alleged that prison officials had failed to address his chronic pain and had rejected the advice of a specialist to implant a spinal cord stimulation (SCS) device. Another doctor later …
Article • May 15, 2007
Fed. Parolee's Waiver of Right to Counsel at Revocation Hearing Must be Knowing and Voluntary under the Circumstances by Fed. Parolee's Waiver of Right to Counsel at Revocation Hearing Must be Knowing and Voluntary under the Circumstances Tony Hodges, a federal parolee, was summoned to a federal district court for …
Disciplinary Rule Description Rather than Title Controls by The West Virginia Supreme Court of Appeals has held that "it is the content of what is contained under a title that is critical in most instances, not the title" of a "disciplinary rule"(DR). That ruling comes in the appeal of a …
Article • May 15, 2007
Court Enjoins BOP Prisoner Transfers from Work Release by The three petitioners moved to vacate their sentences on the ground that they had been imposed on the understanding that the petitioners would serve their short sentences of imprisonment in community correction centers, but the Department of Justice had subsequently decided …
BOP Prisoners Habeas Hepatitis Suit Dismissed by The bottom line of this opinion, 59 pages in Westlaw, is that the court treats the plaintiff's medical care claim, filed as a habeas petition, as a civil rights action, denies appointment of counsel, holds the prisoner partially exhausted, and grants summary judgment …
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