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Article • June 3, 2016 • from PLN June, 2016
Tenth Circuit Affirms Murder Conviction Called into Question by New DNA Evidence by Derek Gilna In 2005, federal prisoner Mark Jordan was convicted of the June 1999 recreation-yard murder of fellow prisoner David Stone at USP Florence in Florence, Colorado. In 2012, another prisoner who had been present at the …
Article • May 5, 2016 • from PLN May, 2016
Ninth Circuit: Witnesses Cannot Refuse to Testify at Civil Trial by On March 31, 2015, the Ninth Circuit Court of Appeals held that a magistrate judge abused her discretion by allowing prisoners to opt out of testifying at a civil rights trial alleging guards had used excessive force on another …
Brief • March 2, 2016
Filed under: Witnesses, False Arrest
Coley v. City of New York, NY, Order, false arrest witness testimony, 2016 Case 1:15-cv-05132-KAM-LB Document 17 Filed 03/02/16 Page 1 of 4 PageID #: 56 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK -----------------------------------------------------------------------------X DERRICK COLEY and TURAY COLEY, Plaintiffs, ORDER 15 CV 5132 (KAM)(LB) -againstTHE CITY OF …
Publication • February 16, 2016
Filed under: Witnesses
Identifying the Culprit - Assessing Eyewitness Identification, National Academy of Sciences, 2014 This PDF is available from The National Academies Press at http://www.nap.edu/catalog.php?record_id=18891 Identifying the Culprit: Assessing Eyewitness Identification ISBN 978-0-309-31059-8 160 pages 6x9 PAPERBACK (2014) Committee on Scientific Approaches to Understanding and Maximizing the Validity and Reliability of Eyewitness …
Article • November 3, 2015
Filed under: State Law Claims, Witnesses
New York Court of Appeals Reverses for Reporter in Confidentiality Issue by New York Court of Appeals Reverses for Reporter in Confidentiality Issue The New York Court of Appeals reversed, on December 10, 2013, the New York Supreme Court's issuance of a subpoena compelling investigative reporter Jana Winter to appear …
Article • October 30, 2015
Filed under: Witnesses, Civil Commitment
No Compulsory Process Advice Reverses Oregon Civil Commitments by No Compulsory Process Advice Reverses Oregon Civil Commitments On August 13, 2014, the Oregon Court of Appeals held that those facing involuntary commitment must be informed of their right to subpoena witnesses, in terms they will understand. Oregon Statute (ORS) 426.100(1) …
Brief • April 3, 2015
Filed under: Victims, Witnesses
Brown v. County of Cook et al, IL, MiS of Mot to Quash, adverse spousal testimony in domestic abuse investigation, 2015 Case: 1:14-cv-00175 Document #: 43 Filed: 04/03/15 Page 1 of 10 PageID #:93 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION Jeremy Brown, …
Brief • December 8, 2014
Filed under: Witnesses
Martinez v. County of Los Angeles, CA, Def MoL, witness testimonies, 2014
Brief • May 20, 2014
Burritt v. Polk County, WI, Plf MoL Mot to Alter & Amend Judgment, Child False Accusation of Sexual Assualt, 2014 PAUL BURRITT, vs. UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WISCONSIN Plaintiff, LISA DITLEFSEN, and POLK COUNTY, 12-cv-909-wmc Defendants. ORDER ON PLAINTIFF’S MOTION FOR LEAVE TO SUPPLEMENT HIS FED. R. …
Brief • May 6, 2014
Burritt v. Polk County, WI, Order on Plaint's Motion, Child False Accusation of Sex Assualt, 2014 PAUL BURRITT, vs. UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WISCONSIN Plaintiff, LISA DITLEFSEN, and POLK COUNTY, 12-cv-909-wmc Defendants. PLAINTIFF’S MEMORANDUM OF LAW IN SUPPORT OF MOTION FOR LEAVE TO SUPPLEMENT HIS FED. R. …
Brief • May 5, 2014
Burritt v. Polk County, WI, Plf Mot for Leave to Supp Mot to Amend, Child False Accusation of Sexual Assualt, 2014 UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WISCONSIN PAUL BURRITT, Plaintiff, vs. LISA DITLEFSEN, and POLK COUNTY, Defendants. 12-cv-909-wmc MOTION OF PLAINTIFF PAUL BURRITT FOR LEAVE TO …
Brief • May 5, 2014
Burritt v. Polk County, WI, Plf Atty Declaration, Child False Accusation of Sex Assualt, 2014 UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WISCONSIN PAUL BURRITT, Plaintiff, vs. LISA DITLEFSEN, and POLK COUNTY, Defendants. 12-cv-909-wmc MOTION OF PLAINTIFF PAUL BURRITT FOR LEAVE TO SUPPLEMENT MOTION TO ALTER AND AMEND …
Brief • October 4, 2013
Filed under: Evidence, Witnesses
Harrigan v. Marion County et al, OR, Jury Instructions, evidence witness, 2013 Case 6:11-cv-06174-SI Document 118 Filed 10/04/13 Page 1 of 28 Page ID#: 699 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON DANIEL HARRIGAN, by and through his guardians CAROLE HARRIGAN and RANDY HARRIGAN, Case No. …
Brief • August 19, 2013
Filed under: Evidence, Witnesses
Harrigan v. Marion County et al, OR, Plf Jury Instructions, evidence witness, 2013 Case 6:11-cv-06174-SI Document 54 Filed 08/19/13 Page 1 of 28 Page ID#: 178 J. Ashlee Albies OSB #051846 E-mail: ashlee@civilrightspdx.com Michael Rose, OSB # 753221 E-mail: mrose@civilrightspdx.com CREIGHTON & ROSE, P.C. 500 Yamhill Plaza Building 815 S.W. …
Article • May 15, 2013 • from PLN May, 2013
Maine Prisoner’s Contraband Conviction Vacated by On May 29, 2012, the Maine Supreme Judicial Court reversed a prisoner’s conviction for trafficking in contraband. The Court found it was proper for the trial court to allow a guard to testify about details not contained in her written report of the incident, …
Article • April 15, 2013 • from PLN April, 2013
Florida Innocence Commission Makes Recommendations to Prevent Wrongful Convictions by The Florida Innocence Commission's final report, presented to the Florida Supreme Court on June 25, 2012, included a number of recommendations to address issues related to wrongful convictions in the Sunshine State. Due to having one of the highest rates …
DC Court Disbars Former Federal Prosecutor for Misconduct by Derek Gilna On March 8, 2012, for the first time in over ten years, a former federal prosecutor was disbarred for “egregious” misconduct during the prosecution of several high-profile murder cases in the 1990s. According to a 2010 investigation by USA …
Former California Prison Guard Resentenced Following Assault Conviction by The Ninth Circuit Court of Appeals has vacated a 51-month sentence imposed on a former California prison guard convicted of assaulting two prisoners, on the ground that during sentencing the district court had relied on unreliable allegations made by a jailhouse …
Article • July 15, 2012
Ninth Circuit Acknowledges Prisoner’s Right to Extended Voir Dire in Suit Alleging Abuse by Idaho Jail Officials by The Ninth Circuit Court of Appeals held that a lower court abused its discretion in refusing a prisoner's voir dire inquiry into potential juror bias for law enforcement. Floyd Darbin was a …
Philadelphia Woman Detained 54 Days as Material Witness Settles for $275,000 by The Philadelphia District Attorney's Office paid a witness $255,000 to settle her claims that she was illegally detained for 54 days. Nicole Schneyder was a critical witness against Michael Overby in a 1990 rape and murder. Overby's first …
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