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Article • December 15, 2007
Alabama Court Orders Birmingham Police Department, City Council Audit Reports Disclosed by Birmingham, Alabama, City Council Director Hoyt Bedingfield appealed a permanent court injunction grant to the Birmingham News Company (media) requiring the production of two internal audit reports. The court affirmed judgment because the reports were "public writings" subject …
Tennessee Public Records Act Requires Fees For Copying, Production by Pro se Tennessee State prisoner Omawali Shabazz, aka Fred Dean, appealed a 1999 ruling denying certain documents and requiring fees for others. Dean had brought an action to compel the production of documents from various Tennessee Department of Corrections personnel, …
Article • December 15, 2007
Pregnant Woman’s Ingestion of Cocaine Not Delivery to Her Baby in Texas by Pregnant Woman's Ingestion of Cocaine Not Delivery to Her Baby in Texas by Matthew T. Clarke On February 14, 2007, the Texas Court of Criminal Appeals (CCA) held that a pregnant woman who ingested cocaine did not …
Article • December 15, 2007
Texas Prisoners Have No Lawful Right To Their Own Records by Pro se Texas State prisoner Kenneth Hickman appealed a court's dismissal of his action to compel Warden David Moya to produce records regarding an alleged false prison report. The court affirmed judgment dismissing his action as frivolous. After his …
Article • December 15, 2007
8th Circuit Upholds Federal DNA Collection Statute by Ray Kraklio, a federal parolee, was directed to provide a blood sample for DNA testing. He refused, and his parole officer moved the federal district court to amend his conditions of release to require him to provide the blood sample. Over Karklio's …
South Carolina Litigation Act Does Not Apply to Post-conviction Proceedings by South Carolina state prisoner Stacy Wade pled guilty to various drug charges. Without filing a direct appeal, he filed for post conviction relief (PCR) for allegedly being coerced into the plea bargain. Wade's testimony of coercion at his PCR …
Warrantless Arrest Warrants Prompt Probable Cause Hearing, Abused Innocent Detainee Prevails by Mistakenly accused Chicago resident Joseph Lopez was arrested with probable cause after a witness identified him in a shooting that killed a 12 year old boy. After the actual murderer confessed, Lopez filed suit for constitutional violations. The …
Article • December 15, 2007
Tennessee Prisoners Have No Right to Specific Classification, Only the Determination Thereof by Tennessee State prisoner Davalon Higgins applied for work release at Middle Tennessee Correctional Center Annex (MTCC) in 2003 and was denied because his record indicated he was a member of a Security Threat Group (STG). His complaint …
Article • December 15, 2007
Federal Prisoner Receives Maximum 46 Month Sentence For Knife Possession by Federal prisoner Randolph Charles appealed a 2006 decision based on then-mandatory guidelines under 18 U.S.C. § 1791. He received a maximum 46-month sentence for possession of a six-inch makeshift plastic knife. The U.S. Court of Appeals for the Third …
Article • December 15, 2007
Texas Prisoners Have No Right to Record Requests by Texas State prisoner Larry Moore sought review of a 1996 dismissal of his writ of mandamus petition challenging limited access to his medical records by custodian Pamela Henry. Dismissal was affirmed because prisoners have no statutory right to request records in …
Document's Exemption From Production Under Act Dependant On Pending Charges Outcome by Georgia State prisoner Byron Parker petitioned for review of a 1986 court ruling denying him access to files for his potential post-conviction relief. A pending rape charge statutorily determined denial. The denial was reversed for a lack of …
Georgia Death Row Prisoner Not Afforded Evidence To Litigate Case by Georgia death row prisoner Ellis Felker appealed by way of mandamus a 1996 court ruling that the Houston County District Attorney (DA) complied with the production of records under the Open Records Act (Act). Additional materials were discovered last …
Article • December 15, 2007
Settlement Agreement Confidentiality Provisions Maintained, Not Exposed In Courtroom Dispute by Georgia's Savannah College of Art and Design, Inc. (SCAD), appealed a 1998 court order unsealing settlement documents between the SCAD and the School of Visual Arts (SVA). The agreement's provisions stipulated to strict confidentiality. The court reversed the disclosure …
Article • December 15, 2007
Charging Excessive Fees Preparing, Producing Records Prohibited Under Freedom Of Information Act by The South Carolina Civil Justice Coalition (CJC) probed the Office of the Attorney General (AG) for an opinion regarding excess fees for requesting documents under the Freedom of Information Act (FOIA) and clarification as to who determines …
Records Disclosure Ordered In Deputies' Misconduct And Remanded To Determine Attorney's Fees by Ray Burton, III, and East Coast Newspapers, Inc. (Burton), sought injunctive relief and declaratory judgment to obtain documents regarding a 2000 complaint, and the response to the complaint, against South Carolina's York County Sheriff's (YCS) deputies. The …
Article • December 15, 2007
Adherence To Administrative Procedure And Prepayment Required When Requesting Records' Production by Alabama State pro se prisoner Robert Gill petitioned for the review of a 2000 appellate order denying him production of materials concerning his conviction. Denial was affirmed for failure to follow administrative procedure. Gill requested grand jury information …
Article • December 15, 2007
Claims Previously Litigated, Not Directly Appealed, Raised At Trial Barred For Habeas by Georgia State prisoner Jimmy Meders sought review of a 1992 habeas court's partial denial of claims for relief from his 1987 death sentence. Warden Schofield appealed the same court's grant to Meders for ineffective assistance of counsel …
Article • December 15, 2007
Using Jail Phones After Verbal and Posted Warnings of Recording Implies Consent by California detainee David Windham appealed a decision holding that recordings of jail-placed phone conversations were lawful and could be used for conviction purposes. Windham asked his girlfriend for money while shopping. She refused and he followed her …
Article • December 15, 2007
Filed under: Searches, Drug Testing
Disciplinary Action Review for Failure to Produce Urine Sample Barred As Untimely by New York State prisoner Joseph Brammer petitioned for review of a 1995 Upstate Correctional Facility (UCF) disciplinary action resulting from his failure to produce a urine sample. The judgment was affirmed for his failure to timely file …
Article • December 15, 2007
Paruresis No Excuse for Failure to Urinate Absent Medical Verification by Oregon State pro se prisoner Richard Sheeny appealed a U.S. District Court grant of summary judgment to prison officials denying his 42 U.S.C. § 1983 action. He alleged constitutional violations when he was disciplined for failure to urinate because …
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