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Article • May 15, 2011
Filed under: Civil Procedure, Appeals, Juries
Washington Court of Appeals: Juror's Experiment Not Grounds for Reversal by On September 14, 2009, the Washington State Court of Appeals held that a juror's home experiment based upon testimony he heard in a murder trial was not misconduct and therefore not grounds for reversal of the conviction. Daniel Jay …
Study Finds Discriminatory Jury Selection in Southern States by Derek Gilna A study by the Equal Justice Initiative, a non-profit legal organization based in Montgomery, Alabama, has found widespread discrimination in jury selection in the states of Alabama, Arkansas, Florida, Georgia, Louisiana, Mississippi, South Carolina and Tennessee. The discriminatory practices …
New York Politicians Want to Re-Evaluate Civil Confinement Release Law by Matthew Clarke by Matt Clarke Two years ago New York enacted the Sex Offender Management and Treatment Act, which lets a jury release a civilly-committed sex offender from confinement if the state fails to provide sufficient evidence of a …
Anatomy of the Modern Prisoners’ Rights Suit: A Practitioner’s Guide to Successful Jury Trials on Behalf of Prisoner-Plaintiffs* by Alphonse A. Gerhardstein by Alphonse A. Gerhardstein+ Ed. Note: This article is written with the aim of assisting attorneys who are litigating prison-related lawsuits; however, it is also very helpful for …
Former California DOC Worker Kept Confidential Prison Gang Files at Home by A former typist for the California Dept. of Corrections and Rehabilitation (CDCR) was convicted of having confidential prison gang files in her Sacramento home. The files also included the names and social security numbers of 5,500 state employees. …
Article • July 15, 2009
No Jury Bias in Trial of Prisoner’s Eighth Amendment Claim by The U.S. Court of Appeals for the Seventh Circuit rejected a prisoner’s attempt to obtain a new trial of deliberate indifference claims based on jury bias. Gilbert Arreola sued Mohammed Choudry, a prison doctor, for deliberately indifferent treatment of …
Article • July 15, 2009
Supreme Court Holds Magistrate Judge May Conduct Voir Dire Without Defendant’s Personal Consent by A federal magistrate judge may conduct voir dire in a criminal case upon consent of a defendant’s attorney. No personal consent by a defendant is necessary, the Supreme Court decided May 12, 2008. Homero Gonzalez was …
Article • June 15, 2009 • from PLN June, 2009
Jury Nullification: Power To The People by Paul Butler Jury nullification is power to the people. It’s a constitutional doctrine that allows juries to acquit defendants who are technically guilty, but who don’t deserve punishment. Does this sound like anyone you know? As a former prosecutor, I think it sounds …
Ninth Circuit: Former Gang Member Entitled to Jury Trial in § 1983 Jail Guard Retaliation Suit by Ninth Circuit: Former Gang Member Entitled to Jury Trial in § 1983 Jail Guard Retaliation Suit The Ninth Circuit U.S. Court of Appeals ruled that a prisoner’s lawsuit against the Los Angeles County …
Illinois War Veteran Awarded Over $2 Million For Malicious Prosecution by Illinois resident and retired Marine Timothy Finwall brought a 42 U.S.C. § 1983 action against the City of Chicago, two of its detectives and resident Mary Boswell for illegal, unethical and malicious prosecution. He was framed in 2001 for …
Article • May 15, 2008
Fines for Consent Decree Non-Compliance are Criminal, Require Jury Trial by The district court fined D.C. $5.1 million for noncompliance with a consent decree governing treatment of the mentally retarded, which requires placement in community institutions and payment of vendors within 30 days following submission of acceptable vouchers. The nonpayment …
Article • December 15, 2007
Texas Grand Jury Information, Prisoners' Record Requests Statutorily Denied by Texas State pro se prisoner Alvin Harrison appealed the dismissal of his petition for a writ of mandamus regarding the 1997 denial of his request for grand jury documents involved in his conviction. Dismissal was affirmed because grand jury documents …
Article • October 15, 2007
The Cost of Cruelty - $9 million verdict for prisoner's death at Sheriff Arpaio's Maricopa Co. jail by John Dougherty The Cost of Cruelty A federal jury returned a $9 million verdict against Maricopa County in still another jailhouse death By John Dougherty Published: March 30, 2006 A federal jury …
Article • September 15, 2007 • from PLN September, 2007
Direct Contempt of U.S. Court Must Be in Court’s Presence; Conviction Reversed by Direct Contempt of U.S. Court Must Be in Court's Presence; Conviction Reversed The Second Circuit U.S. Court of Appeals reversed the direct contempt conviction (18 U.S.C. 401(1)) of the wife of a civil suit plaintiff who had …
A RE-BIRTH FOR CIVIL RIGHTS LITIGATION: USING THE AMERICANS WITH DISABILITIES ACT TO OVERCOME SECTION 1983 HURDLES AND HOLD GOVERNMENT AND POLICE ACCOUNTABLE by A RE-BIRTH FOR CIVIL RIGHTS LITIGATION: USING THE AMERICANS WITH DISABILITIES ACT TO OVERCOME SECTION 1983 HURDLES AND HOLD GOVERNMENT AND POLICE ACCOUNTABLE A Review of …
Article • May 15, 2007
Claim of Juror Alcohol Use Does Not Warrant Evidentiary Hearing by The U.S. Supreme Court held that a district court's refusal to hold an evidentiary hearing on allegations that jurors used alcohol during a criminal trial was not in error. Defendants, two friends who were involved in an allegedly illicit …
Article • May 15, 2007
COA Denied; Stun Belt Claim Barred by Teague v. Lane by The U.S. Fifth Circuit Court of Appeals denied a certificate of appealability (COA) from a Texas state prisoner's denial of habeas corpus relief, 28 U.S.C. § 2254, on grounds that the prisoner was not denied a fair trial and …
Article • May 15, 2007
Criminal Contempt Requires Criminal Procedure Rights by The U.S. Supreme Court held that imposing a criminal contempt fine without benefit of a jury trial is unconstitutional. The International Union and the United Mine Workers of America (petitioners) were enjoined from collectively conducting unlawful strike related activities against the Clinchfield Coal …
Article • May 15, 2007
Oklahoma Prisoner's Federal Civil Rights Complaint For Alleged Rapes Denied by Oklahoma state prisoner Pamela Smith filed a Federal civil rights complaint against former Oklahoma Department of Public Safety ("ODPS") employee Don Cochran, claiming violations of her Fourth, Fifth, Eighth, and Fourteenth Amendment rights for repeatedly being raped by Cochran …
Article • May 15, 2007
No Prejudice in 45 Uniformed Guards Presence at Murder Trial of Guard by The Florida Supreme Court has held that the presence of forty-five uniformed prison guards at a prisoner's trial for the murder of a guard was not a prejudicial influence on the jury. The Court's ruling came in …
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