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Brief • September 23, 2009
Beecham v. City of West Sacremento, CA, Response to Motion, Reasonable Attorney's Fees and Expenses, 2009 1 4 MICHAEL J. HADDAD (State Bar No. 189114) JULIA SHERWIN (State Bar No. 189268) HADDAD & SHERWIN 505 Seventeenth Street Oakland, California 94612 Telephone: (510) 452-5500 Fax: (510) 452-5510 5 Attorneys for Plaintiffs …
Article • September 15, 2009 • from PLN September, 2009
Audit Finds California Prison Receiver Broke State Law by Making No-Bid Contracts with Verizon by Michael Brodheim An investigation by the California Bureau of State Audits has revealed that Prison Health Care Services, the office overseeing prison health care reform in California, violated legal requirements and bypassed internal controls when …
Article • September 15, 2009 • from PLN September, 2009
Filed under: Sentencing, Parole
California Lifers’ New Litigation Tool: DA’s “Opinion” and Governor’s “Belief” Do Not Constitute “Evidence” in Parole Denial Cases by Marvin Mentor In the final chapter of the litigation saga of now-paroled PLN writer John Dannenberg, on April 22, 2009, the California Supreme Court declined review and approved publication of the …
Federal Three-Judge Panel Orders California To Reduce Prison Population By 44,000 Prisoners Within Two Years by Marvin Mentor In a landmark ruling, a federal three-judge panel ordered the California Department of Corrections and Rehabilitation (CDCR) to cap the prison population of its 33 adult prisons to 137.5% of their 79,828 …
California: Parole Board’s Policy Barring Friendly Oral Witness Testimony At Lifer Hearings Ruled An “Underground Regulation” by Marvin Mentor The California Office of Administrative Law (OAL) struck down the unwritten policy of the California Board of Parole Hearings (BPH) that denied all requests for friendly oral witness testimony at lifer …
$3.75 Million Settlement for Orange County, California, Jail Detainee Severely Beaten by Prisoners by After suffering severe brain damage while confined at an Orange County Jail in California, Fernando Ramirez, represented by attorneys Mark W. Eisenberg of Newport Beach and Jerry N. Gans of Santa Ana, sued the County, the …
Article • September 15, 2009 • from PLN September, 2009
$1 Million Settlement in Santa Clara, California Jail Suicide by California’s Santa Clara County paid $1 million to the estate of a mentally ill prisoner who committed suicide at the Santa Clara County Jail (SCCJ). The estate’s federal civil rights complaint claimed jail officials failed to provide necessary medical treatment …
Article • September 15, 2009
Behind Coleman v. Schwarzenegger - Profile of Prison Law Office attorney Donald Specter by Michael Hamden Behind Coleman v. Schwarzenegger September 30, 2009 Corrections Policy Examiner Michael Hamden (www.HamdenConsulting.com) Donald Specter: attorney in the public interest As many know, California’s prison system is grossly overcrowded and there have been repeated …
Article • September 15, 2009 • from PLN September, 2009
California Prison Still Subpar, Grand Jury Finds by The Pleasant Valley State Prison (PVSP) in Coalinga, California continues to suffer from overcrowding and inadequate medical care, according to a March 25, 2009, report by the Fresno County Grand Jury. As part of section 919(b) of the California Penal Code, grand …
Article • September 15, 2009
Split Decision in Termination Proceeding of Two Guards Required Revote by A split decision in termination proceedings by the Imperial County Employment Appeals Board of two California prison guards required a revote, the California Court of Appeal, Fourth Appellate District, held July 22, 2008. Richard Lopez and Rosario Lopez, correctional …
Article • September 15, 2009
Time Served In Excess of Base Term Cannot Be Used to Reduce Parole Period by The California Court of Appeal for the First Appellate District has affirmed the denial of a habeas petition filed by a parolee seeking discharge from parole based on time served in excess of the prisoner’s …
Article • September 15, 2009
California Governor's Reversal of Lifer's Grant of Parole Not Based On "Some Evidence" by California Governor's Reversal of Lifer's Grant of Parole Not Based On "Some Evidence" The U.S. District Court for the Southern District of California granted a writ of habeas corpus to a California lifer whose grant of …
Article • September 15, 2009
California Prisoner Rights Cases Projected To Cost State $8 Billion Over Five Years by Eight judgments in class-action prisoners' rights actions during the last dozen years are projected to add $8 billion in costs to the California Department of Corrections and Rehabilitation (CDCR) budget over the next five years. It …
Article • September 15, 2009
California Probationer Must Provide Notice of Pet Ownership by In a decision filed December 29, 2008, California's Supreme Court affirmed an appeals court judgment that probation super¬visors violate no "fundamental or constitutional rights" by requiring a probationer to notify probation officers of any pets the probationer keeps. The Appellant in …
Article • September 15, 2009
California Appellate Court Orders Release of Sexually Violent Predator by In August 2001, Edwin V. Franklin was deemed by a jury to be a sexually violent predator (SVP) and, pursuant to California law, was civilly committed to Atascadero State Hospital. Two years later, Franklin's case was reviewed, was again found …
Article • September 15, 2009
District Court Must Explain Reduction in Requested Attorney Fees by In reversing a California federal district court’s order that reduced an attorney’s request for fees by 40 percent, the Ninth Circuit Court of Appeals held that “if a district court is going to make substantial cuts to a winning lawyer’s …
Article • September 15, 2009
Conviction Mandatory to Civilly Commit Under Sexually Violent Predator Act by The Supreme Court of California has held that in order to continue Sexually Violent Predator (SVP) proceedings against someone whose conviction has been reversed, the state must once again convict that person. In 1982, as well as 1988, David …
Article • September 15, 2009
Ninth Circuit Clarifies Standard for Forcibly Medicating Incompetent Defendant by United States prisoner Jose Hernandez Vasquez (defendant) appealed his court ordered forced medication to render him competent to stand trial. The order was vacated and remanded to institute parameters for government physicians' administration of medication and for a dangerousness inquiry. …
Article • September 15, 2009
Governor and His Chief of Staff Not Subject to Deposition by On August 14, 2008, a California magistrate judge issued an order requiring Governor Arnold Schwarzenegger, Chief of Staff Susan Kennedy and Deputy Cabinet Secretary Robert Gore (Defendants) to submit to depositions by Plaintiffs in a case involving California prison …
Article • September 15, 2009
Habeas Corpus Granted to California Prisoner Denied Parole by Governor by In a decision filed December 12, 2008, a California Court of Appeal granted habeas corpus relief to state prisoner Clarence Burdan. The petition challenged the governor’s denial of a recommendation that Burdan be paroled. On June 21, 1984, Burdan …
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