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Article • May 15, 2007
WA State Properly Filed Civil Commitment Petition Two Days Before Prisoner's Prison Release Date by WA State Properly Filed Civil Commitment Petition Two Days Before Prisoner's Prison Release Date On May 9, 2000, George Taylor, a Washington State Prisoner, was two days shy of his prison release date on a …
Article • May 15, 2007
Guard's Interference With Arizona Prisoner's Receipt of Prescribed Special Diet May Violate 8th Amendment by Guard's Interference With Arizona Prisoner's Receipt of Prescribed Special Diet May Violate 8th Amendment Lewis Harry, an Arizona state prisoner, sued the state Department of Corrections (DOC) after DOC guards refused to let him have …
Article • May 15, 2007
Attorney/Client Privilege Voided by Including Third Persons in Conversation by Florida's Fifth District Court of Appeals has held that a prisoner is not entitled to claim attorney/client privilege to communications when the person invoking the privilege knew of or should have known that the privileged conversation was being overhead. Before …
Article • May 15, 2007
Child Visitation Permitted; Receipt of Non Publisher Publications Banned by The California Court of Appeals held the "publishers only" rule for receiving publications did not violate pre-trial detainees' freedom of expression or rights to equal protection. However, the prevention of minor children visits is unconstitutional. Three pre-trial detainees filed a …
Article • May 15, 2007
Court Adopts Definitions of Tape Recordings by A federal district court in Nebraska has adopted definitions of what constitutes an original and duplicate recording of a tape recorded deposition of a witness, and outlined requirements for taking the deposition. Rule 1001, Rules of Evidence for United States Courts and Magistrates, …
Article • May 15, 2007
Filed under: Money/Property, Interest
Clerk Not Entitled to Interest on Principal in Fund by The United States Supreme Court held that a court clerk is not entitled to keep the interest that accumulates from monies placed in a fund under the care of the clerk on behalf of parties in litigation. Eckerd's of College …
Default Entered Against Guards for Failing to Answer Summons Served by Prisoner by The Ninth Circuit Court of Appeals affirmed a district court's entry of default against prison guards who failed to answer a complaint after being served summons by a non-party prisoner. The 42 U.S.C. §1983 complaint alleged five …
Article • May 15, 2007
District Judge Orders Measures to Ease Overcrowding by Prisoners in the Monmouth County Correctional Institution, a New Jersey county jail, filed suit alleging unconstitutional living conditions due to overcrowding. A district judge assigned a special master to investigate. The special master found serious overcrowding which caused problems in classification of …
Article • May 15, 2007
Ex-Prisoners' are not a Protected Class by The Washington State Court of Appeals held that Washington's Human Rights Commissions (H.R.C.) exceeded its "statutory authority" by promulgating the Washington Administration Code (W.A.C) 162-16-060, which protects ex-prisoner's from employment discrimination. In 1987, an ex-prisoner was hired to be a shipping/receiving clerk with …
Article • May 15, 2007
Independent Operator Not Necessary for Tape Recorded Deposition by A federal district court in Pennsylvania has held that to require an independent operator to oversee the tape recorded deposition of a witness is cost prohibitive. The motion for the tape recorded deposition was made by a state prisoner represented by …
Article • May 15, 2007
Supreme Court Adopts Expert Testimony Standard by The U.S. Supreme Court held that the Federal Rules of Evidence supersedes the "Frye Test" in providing the standard for admitting expert scientific testimony in a federal trial. Two minor children and their parents (petitioners) argued that the children's serious birth defects had …
Article • May 15, 2007
Filed under: Sentencing, Parole
WA Parole Board Must Adhere to Its Own Procedures by The Supreme Court of Washington held that the state parole board is required to give written findings when not granting parole under the Washington Administrative Code Title 381, rule 5.170 (WAC). Five Washington state prisoners filed a personal restraint petition …
Article • May 15, 2007
Filed under: Media, Access to Media
Broadcast Company Denied Special Access to Jail by The Supreme Court ruled that a broadcasting company had no more rights of access to certain areas of Alameda County Jail (California), or to interviews with its prisoners, than any other person. The decision stemmed from a suit filed by KQED alleging …
Article • May 15, 2007
Counsel Cannot Direct Witness Not to Answer Questions by A federal district court in Georgia granted a plaintiff's Motion to Compel answers to deposition questions where counsel advised the witness not to answer the questions. The Court held there was no claim of privilege, and the questions were not harassing …
Court Grants New Trial to Uneducated Pro Se Litigant by A federal district court has granted a new trial to a pro se litigant, who quit school in the tenth grade and displayed during trial a lack of legal knowledge and limited skills, after the jury entered judgment for the …
Defendants Must Bear Costs of Depositions Sought by Indigent Prisoners; and Attorney-Client Privilege Waived by Defendants Must Bear Costs of Depositions Sought by Indigent Prisoners; and Attorney-Client Privilege Waived On remand from the United States Supreme Court, the Federal District Court of New York held that, generally, a party seeking …
Article • May 15, 2007
Dismissal of Complaint Seeking Vegetarian Diet and Religious Beads Reversed by Florida's First District Court of Appeal has reversed a trial Court's dismissal of a complaint seeking injunctive relief requiring prison officials to provide a prisoner to be served a religious diet and to possess religious beads. The prisoner was …
Article • May 15, 2007
Filed under: Civil Procedure, Mandamus
Fla. Mandamus Petition Challenging DR Must be Filed Within 30 Days of Grievance Denial by Florida's First District Court of Appeal has held that a prisoner's filing of a petition for writ of mandamus, rather than one for certiorari, is the proper remedy to challenge a disciplinary sanction. The Court …
Article • May 15, 2007
No Application of Florida's Indigency Statute to Collateral Criminal Proceedings by No Application of Florida's Indigency Statute to Collateral Criminal Proceedings The Florida Supreme Court has held that Florida's Prisoner Indigency Statute (PIS), §57.085, Florida Statutes, does not apply to collateral criminal proceedings. PIS was enacted to reduce the filing …
Article • May 15, 2007
No Visitation Type Restriction for Possession of Marijuana by The New York Supreme Court held that the state's prisoners could not be restricted to non-contact visitation because a disciplinary hearing finding of being in possession of marijuana on the compound. The prisoners had received 180 to 270 days of non-contact …
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