Disruptive Oregon Criminal Defendant Properly Denied Self-Representation by Disruptive Oregon Criminal Defendant Properly Denied Self-Representation On August 13, 2014, the Oregon Court of Appeals held that a trial court properly refused to allow a disruptive criminal defendant to represent himself at trial. The court erred, however, in doubling its twelve …

Commission for Lawyer Discipline v. Sebesta, TX, State Bar - Judgment of Disbarment, attorney misconduct, 2015 BEFORE THE EVIDENTIARY PANEL FOR STATE BAR DISTRICT NO. 08-2 STATE BAR OF TEXAS * * * COMMISSION FOR LAWYER DISCIPLINE, Petitioner * * * * v. CHARLES J. SEBESTA, JR., Respondent 11 Austin …

Supreme Court Grants Habeas for Defense Counsel's Failure to Investigate Mitigating Circumstance in Murder Case by Supreme Court Grants Habeas for Defense Counsel's Failure to Investigate Mitigating Circumstance in Murder Case On November 30, 2009 U.S. Supreme Court reversed the Florida Supreme Court decision that discounted Counsel's failure to conduct …

California Appellate Court Rules Attorney May Not Be Assessed Costs in Frivolous Suit by California Appellate Court Rules Attorney May Not Be Assessed Costs in Frivolous Suit A California appellate court recently held that state law does not allow a court to tax costs against a plaintiff's attorney, even when …

Picarella et al v. Johnson et al, PA, Settlement Agreement, denial of mail visition recreation counsel 8th Am, 2015

Automatic Oregon Death Row Confinement Pending Resentencing Enjoined by Mark Wilson Automatic Oregon Death Row Confinement Pending Resentencing Enjoined by Mark Wilson On October 10, 2014, an Oregon federal judge enjoined prison officials from automatically segregating death sentenced prisoners who have had their sentences vacated and are awaiting resentencing. Oregon …

Washington Prisoner’s Wife Prevails on PRA Claim for Investigative Report Redactions by Mark Wilson Washington Prisoner’s Wife Prevails on PRA Claim for Investigative Report Redactions by Mark Wilson On September 16, 2014, the Washington Court of Appeals held that information redacted from a prison investigative report should have been disclosed …

Oregon: No Presumed Prejudice for Violation of Attorney-Client Communication by Mark Wilson Oregon: No Presumed Prejudice for Violation of Attorney-Client Communication by Mark Wilson On August 20, 2014, the Oregon Court of Appeals upheld a lower court’s refusal to dismiss criminal charges against a defendant because a detective had read …

$300,000 Settlement in EAJA Suit by David Reutter $300,000 Settlement in EAJA Suit by David Reutter The Bureau of Prisons (BOP) agreed to pay $300,000 to settle a claim under the Equal Access to Justice Act for “Attorney’s fees, expert fees and costs” to challenge the BOP’s “Violation of its …

Brummett v. County of San Diego, CA, Motion for Attorney's Fees, Asphyxiation, 2015

Volume 1 Detention and Corrections Caselaw Catalog 26th Ed. 2016 DETENTION AND CORRECTIONS CASELAW CATALOG 26th Edition 2015-2016 Volume One: Sections 1-7 Rod C. Miller Donald J. Walter Research and Review: Joseph Heltzel Chris Dickey Richard Drennon Kyle McCarty CRS, Inc. A Non-Profit Organization 925 Johnson Drive Gettysburg, PA 17325 …

$250,000 Awarded in Legal Malpractice Case by $250,000 Awarded in Legal Malpractice Case A New York federal judge upheld a magistrate's report and recommendation and awarded $250,000 to a man who said he wrongly spent 25 days in a mental hospital and his lawyer failed to file the necessary paperwork …

Jauch v. Choctaw County, MS, Complaint, Held Without Seeing Judge, 2015 Case: 1:15-cv-00075-SA-RP Doc #: 1 Filed: 04/21/15 1 of 10 PageID #: 1 INTHEUNITEDSTATESDISTRICTCOURT FORTHENORTHERNDISTRICTOFMISSISSIPPI ABERDEENDIVISION JESSICAJAUCH PLAINTIFF 1:15cv75-SA-SAA NO. VERSUS CHOCTAWCOUNTYand CLOYDHALFORD,InHis IndividualCapacity DEFENDANTS JURYTRIALDEMANDED COMPLAINT Thisisacivilactiontorecoveractual,compensatoryandpunitivedamagesfor theDefendants’deprivationsofMs.Jauch’sconstitutionalrighttocounselandtobe informedofthechargesagainstherpursuanttotheSixthAmendment,therighttobail pursuanttotheEighthAmendment,andtherighttolibertypursuanttotheDue ProcessClauseoftheFourteenthAmendment.Theseconstitutionaldeprivationsbythe Defendantsaremadeactionablepursuantto42U.S.C.§1983.Thefollowingaverments supportthiscivilaction: (Parties) 1.ThePlaintiff,JessicaJauchisanadultresidentcitizenofRankinCounty, Mississippi. 2.TheDefendantChoctawCountyisapoliticalsubdivisionoftheStateof Mississippi.ChoctawCountymaybeservedwithprocessbyserviceuponitsChancery …

Reading Death Row Prisoner’s Legal Mail States Sixth Amendment Claim by David Reutter Reading Death Row Prisoner’s Legal Mail States Sixth Amendment Claim by David Reutter The Ninth Circuit has held that a prison guard’s act of reading a prisoner’s legal mail – not merely inspecting or scanning it – …

Oregon: State Must Prove Defendant’s Ability to Pay Attorney Fees by Mark Wilson Oregon: State Must Prove Defendant’s Ability to Pay Attorney Fees by Mark Wilson On July 23, 2014, the Oregon Court of Appeals vacated $36,000 in court-appointed attorney and indigent contribution fees, as there was no evidence the …

Friedmann v. Marshall County, TN, Order, Public Records Request Attorney Fees, 2015 IN THE COURT OF APPEALS OF TENNESSEE AT NASHVILLE April 08, 2015 Session ALEX FRIEDMANN, ET AL. v. MARSHALL COUNTY, TN, ET AL. Appeal from the Chancery Court for Marshall County No. 17017 J. B. Cox, Chancellor ________________________________ …

Silverman v. County of Los Angeles, CA, Summons, Sexual Harassment, 2015 suAoNs SUM-100 FOR COURT USE ONLY (SOLO PARA USO DE LA CORTE) (CITACION JUDICIAL) NOTICE TO DEFENDANT: COUNTY OF LOS ANGELES, a (AV/SO AL DEMANDADO):municipal corporation, GARY FILED HEARNSBERGER, and DOES 1 through 100, inclusive Superior Court of California …

Silverman v. County of Los Angeles, CA, Complaint, Sexual Harassment, 2015 • • 1 GREGORY W. SMITH (SBN 134385) DIANA WANG WELLS (SBN 284215) LAW OFFICES OF GREGORY W. SMITH 2 9100 Wilshire Boulevard, Suite 345E 3 Beverly Hills, California 90212 Telephone: (310) 777-7894 (310) 777-7895 4 Telecopier: FILED . …

In re Office of the Hinds Co. Pub. Defender, MS, Amicus Brief, Judicial Interference with Public Defenders, 2015 E-Filed Document Mar 24 2015 16:59:02 2015-M-00397 Pages: 16 IN THE SUPREME COURT OF MISSISSIPPI In re: Office of the Hinds County Public Defender, eta/ ) ) NO. 2015-M-00397 ) Petitioners ) …

Sovereign Immunity Doesn’t Bar Attorney Fee Award Against Georgia DOC by David Reutter Sovereign Immunity Doesn’t Bar Attorney Fee Award Against Georgia DOC by David Reutter The Georgia Supreme Court held on June 16, 2014 that sovereign immunity does not bar an award of attorney fees and litigation costs against …