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Article • May 15, 2007
Evidence From Tape-Recorded Conversation Not Admissible by In this criminal proceeding, the Supreme Court of California held that evidence from a car towed from defendant's apartment was admissible, but evidence from a tape-recorded conversation between the defendant and his wife was not. After his arrest, defendant's wife was permitted to …
Article • May 15, 2007
Filed under: Visiting, Access to Media
Prisoners Have No Right to Face-to-Face Media Interviews by The Supreme Court held that neither prisoners nor the media have the right to conduct face-to-face interviews with specific prisoners designated by members of the media. California state prisoners and media members sought permission for face-to-face interviews. Prison officials denied permission …
Article • May 15, 2007
Supreme Court Defines "Obscenity" by The United States Supreme Court held in a California case that obscenity "must . . . be limited to works which, taken as a whole, appeal to the prurient interest in sex, which portray sexual conduct in a patently offensive way, and which, taken as …
Article • May 15, 2007
Filed under: Mail Regulations, Juveniles
Ban on Writing Minors Without Parental Consent Invalidated by A federal court in California held that a California prison rule prohibiting prisoners from corresponding with minors whom they were not related by blood or marriage without the prior consent of the minors' parents was unnecessarily broad and invalid under the …
PI Granted on Refusal to Deliver Prisoner's Mail Due to Name Change by The Ninth Circuit Court of Appeals held that a California prisoner was entitled to a preliminary injunction against prison practices that had the effect of interfering with his access to the court. "The gist of this case …
Article • May 15, 2007
Qualified Immunity Denial Upheld in Jewish Prisoner's Religious Freedom Claim by Qualified Immunity Denial Upheld in Jewish Prisoner's Religious Freedom Claim The U.S. Ninth Circuit Court of Appeals upheld denial of qualified immunity to defendant prison officials by a California federal district court in a case where a Jewish prisoner …
Article • May 15, 2007
Qualified Immunity to Prison Guard in Prisoner Shooting by Upholding decisions by the U.S. District Court, Northern District of California, the U.S. Ninth Circuit Court of Appeals held that a California state prison guard was not entitled to qualified immunity for shooting and killing a state prisoner but that the …
County Officials Not Liable in Prisoner' Beating by Fellow Prisoner by The U.S. Sixth Circuit Court of Appeals, affirming the U.S. District Court, Western District of Kentucky, held that Ohio County, Kentucky, jail officials were not liable for a prisoner's vicious beating by a fellow prisoner. Sherman Taylor and Charles …
Article • May 15, 2007
Filed under: Sentencing, Good Time
CA Detainees Not Entitled to One-for-One Credits by California's Fifth District Court of Appeals held a pre trial detainee, who is later convicted and sentenced to prison, is not entitled to good time credits under Penal Code section 2933, which grants one-for-one good time credits to prisoners engaged in a …
California Granted Immunity in Parolee Wrongful Death Suit by George Martinez filed a lawsuit in the Superior Court of San Diego County against the Department of Corrections (DOC) and the State of California (defendants) for the wrongful death of his daughter, Mary Ellen Martinez, who was kidnapped and murdered by …
Article • May 15, 2007
CA Guard Granted Qualified Immunity for Shooting Prisoner in Yard Fight by The Ninth Circuit Court of Appeals held a guard who shot a prisoner during a disturbance on the prison yard is entitled to qualified immunity. While at the California State Prison in Sacramento, the prisoner was standing three …
Article • May 15, 2007
Equitable Tolling of AEDPA's Limitations if Extraordinary Circumstances Exist by Equitable Tolling of AEDPA's Limitations if Extraordinary Circumstances Exist The Ninth Circuit Court of Appeals determined that a prisoner under the one-year time limitation of the Antiterrorism and Effective Death Penalty Act (AEDPA) was granted equitable tolling based on extraordinary …
Article • May 15, 2007
Dismissal Without Prejudice to Amend Requires Final Judgment if Amendment Not Filed to Invoke Appellate Jurisdiction by Dismissal Without Prejudice to Amend Requires Final Judgment if Amendment Not Filed to Invoke Appellate Jurisdiction The Ninth Circuit Court of Appeals held a district court must enter a final judgment before appellate …
Article • May 15, 2007
Federal Probationer Not Required To Give DNA For Prior Conviction by The U.S. Eastern District Court of California determined that taking DNA for a prior conviction violated the Fourth Amendment ban on illegal searches. Danny Miles was on federally supervised release in California for possession of a firearm by a …
Article • May 15, 2007
Prisoner Stated Civil Rights Claim but not RICO Claim by The U.S. Ninth Circuit Court of Appeals vacated part of a California federal district court's dismissal of a prisoner's civil right action, holding that the prisoner failed to state a claim under the Racketeer Influenced and Corrupt Organization (RICO) Act, …
Article • May 15, 2007
Attorney Fees as Catalyst for Change Certified to California Supreme Court by Attorney Fees as Catalyst for Change Certified to California Supreme Court. The Ninth Circuit Court of Appeals has certified to the California Supreme Court two questions: 1) Under California law, may attorney fees be awarded where the plaintiff …
Beating by Guards, Destroyed Eyeglasses May Toll AEDPA Time Limit by The U.S. Ninth Circuit Court of Appeals reversed and remanded a California federal district court's denial of a habeas corpus petition, holding that, if proven true, the prisoner's claim that prison officials failed to replace his broken eyeglasses for …
Article • May 15, 2007
BOP Application for Kosher Diet Constitutional. by The Ninth Circuit Court of Appeals held the requirement that a prisoner at the United States Penitentiary at Lompoc, California fill out an application to receive a religious kosher diet was constitutional. The prisoner, an Orthodox Jew, filed this Bivens action alleging the …
Article • May 15, 2007
California Criminal Defendant Must Make Preliminary Showing of Exculpatory Evidence in Police File by The Ninth Circuit Court of Appeals held a criminal defendant must make a preliminary showing that a police personnel file contains evidence material to his defense to be provided the file in discovery. This case was …
$25,000 Settlement For Juvenile Attacked After Court Segregation Order Ignored by $25,000 Settlement For Juvenile Attacked After Court Segregation Order Ignored On July 9, 2004, the Los Angeles County Claims Board settled a civil rights complaint brought by a juvenile whose court order to house him singly in protective custody …
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