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Page 1760 of 1957. « Previous | 1 2 3 4 ... 1756 1757 1758 1759 1760 1761 1762 1763 1764 ... 1953 1954 1955 1956 1957 | Next »

for judgment as a matter of law or a new trial, arguing that the court had erred in 1) excluding testimony from a police witness, which was determined to be hearsay, claiming that Muldrow’s theft of drugs ...
and sentence. This exception was further affirmed in the concurring and dissenting opinions in Spencer v. Kemna, 523 U.S. 1 (1998). The Sixth Circuit acknowledged a conflict between the circuits in regard ...
Article • April 15, 2009 • from PLN April, 2009
was completely lifted on December 1, 2008, but a clear message had been sent to parole officials. While paroles resumed, the parole approval rate of 62% in fiscal year 2008 plummeted to 46% by February 2009 ...
. The Court found Johnson was aware of the threat of harm because Rodriguez advised him that (1) he was a former Latin King who had renounced his membership; (2) he was threatened with death by gang members ...
as an “unenumerated Rule 12(b) motion.” In response, Singleton filed an affidavit that said he gave the appeal to his counselor on April 1, and the counselor assured him he would place it in the chief counselor’s box ...
private prisons, only Florida places administrative responsibility for private prisons outside of its prison agency or a prison commission overseeing both public and private prison systems. As of October 1 ...
Article • September 15, 2009 • from PLN September, 2009
NY Slip Op 9308, 1 (N.Y. 2007). In doing so, the Court of Appeals rejected Haywood’s argument that Correction Law § 24 ran afoul of the Supremacy Clause of the U.S. Constitution because it interfered ...
Article • September 15, 2009 • from PLN September, 2009
and the overwhelming evidence presented at trial, the Sixth Circuit panel, by a 2-1 vote, found that Jordan and Bright did not violate Ortiz’s constitutional rights. Although noting in passing that prisoners have ...
. 26.05, particularly Art. 26.05(g), before costs are assessed against a defendant (who is usually indigent), the trial court must enter findings that the defendant is: 1) capable of, and 2) able to repay ...
Article • November 15, 2009 • from PLN November, 2009
in this country would be more effective: 1) restructured funding with an emphasis on treatment and prevention; 2) An emphasis on community-based sanctions and the elimination of mandatory minimums; 3) comprehensive ...
Article • November 15, 2009 • from PLN November, 2009
prisons would be moved to other facilities. [See: PLN, April 2009, p.1]. The Governor’s prison closure plan had its critics. State Attorney General John Suthers, for one, said he was concerned the proposed ...
Article • November 15, 2009 • from PLN November, 2009
and a half passed before he finally went to trial. In late 2008, jurors began hearing testimony from 60 witnesses in court proceedings that lasted two months. [See: PLN, Feb. 2009, p.1]. Carona first came ...
, serving 4 1/2 years on drug charges, was killed during a riot at the medium security Three Rivers Federal Correctional Institution. Twenty-two other prisoners were injured during the brawl, which reportedly ...
Article • August 15, 2008 • from PLN August, 2008
to be wrongfully incarcerated for 4 1/2 months as a result. The damage award was later reduced by almost half, but still represents an impressive outcome. Torry Smith, 22, and his girlfriend Patricia Gray lived ...
Article • August 15, 2008 • from PLN August, 2008
funds owing are not thus protected. The agreement provides that attorney fees of 33 1/3% of the $937,000 may be deducted from the prisoners’ settlement. In addition, the court awarded $325,000 ...
Article • August 15, 2008 • from PLN August, 2008
a business decision meant to avoid the potentially enormous costs of trials and appeals.” But how good a business decision is it to throw away $1 million of the taxpayers’ money when, if the county were ...
of Corrections’ supermax prison at Boscobel. [See, e.g., PLN, April 2002, p.1, Barbaric Conditions at Wisconsin Supermax Result in PI to Transfer Mentally Ill Prisoners]. The Seventh Circuit U.S. Court of Appeals ...
against unreasonable searches and seizures. See: Doe v. Prosecutor, Marion County, U.S.D.C., SD Ind., Case No. 1:08-cv-0436-DFH-TAB; 2008 WL 2600177. As states continue to enact more intrusive ...
Article • December 15, 2008 • from PLN December, 2008
.), Case No. 1:03-cv-21072-AJ. Townsend’s lawsuit against Broward County remains. That suit cites a “pattern and/or practice of misconduct” that dates back to the 1970s. Despite Townsend ...
Article • November 15, 2008 • from PLN November, 2008
. On October 1, 2008 the Supreme Court denied a petition for rehearing, and ordered only that a footnote be added to the original ruling relative to the penalty for rape under military law. See: Kennedy v ...
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