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Article • November 15, 2013 • from PLN November, 2013
U.S. Department of Justice Reports Statistics on State Prosecutors by Matthew Clarke by Matt Clarke The Bureau of Justice Statistics (BJS) of the U.S. Department of Justice has released the most recent in a series of statistical reports on state prosecutors. The report covers 2,330 prosecutors’ offices serving judicial districts …
Article • November 15, 2013 • from PLN November, 2013
Best Criminal Defense Pleading Ever! by Alex Friedmann PLN primarily reports on civil litigation involving prisons and jails rather than criminal cases. There are other resources that address criminal law; for example, Punch & Jurists (www.fedcrimlaw.com), which covers issues related to federal criminal cases. However, when we ran across a …
Article • November 15, 2013 • from PLN November, 2013
Attorney Fees Not Exempt from Disclosure Under California Public Records Act by The California Court of Appeal held on November 16, 2012 that billing and payment records reflecting the amount of money a government agency paid in attorney fees to defend against a pending civil rights action were not exempt …
Federal Justice Grants Favor Prosecution, Law Enforcement Over Indigent Defense by A report by the Government Accountability Office (GAO) has confirmed what many criminal defendants too poor to afford an attorney have long suspected: While hundreds of millions in federal tax dollars go to support prosecutors, law enforcement and prisons …
Brief • October 22, 2013
Morales v. Monreal, IL, Complaint, Denial of Counsel at Parole Hearings Class Action, 2013 Case: 1:13-cv-07572 Document #: 1 Filed: 10/22/13 Page 1 of 21 PageID #:1 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION MOISES MORALES; MONTREAL THOMAS; and JOAQUIN ROCHA on behalf …
Publication • September 30, 2013
Filed under: Public Defenders
Evaluation of Harris County TX Pub. Defender Justice Center 2013 Improving Indigent Defense: Evaluation of the Harris County Public Defender S ep t emb er 3 0 , 2 0 13 Dr. Tony Fabelo Carl Reynolds Jessica Tyler Prepared by the Council of State Governments Justice Center, with the support …
Article • September 15, 2013 • from PLN September, 2013
Michigan County Sanctioned for Defrauding Federal Court in Prisoner Death Case by David Reutter by David M. Reutter On April 4, 2012, a Michigan federal district court imposed sanctions against Wayne County for committing fraud and misrepresentation upon the court and opposing counsel in a prisoner’s wrongful death suit. The …
Article • September 15, 2013 • from PLN September, 2013
First Circuit: Rejection of Settlement Offer Does Not Justify Defendants’ Attorney Fee Award by On September 7, 2012, the First Circuit Court of Appeals vacated a $59,787.50 attorney fee award to the defendants in a 42 U.S.C. § 1983 complaint, finding that the plaintiffs’ rejection of a settlement offer did …
Article • August 15, 2013
Pennsylvania Attorney’s Disciplinary Matter Exempt from Disclosure by Herbert Somerson, a Pennsylvania lawyer, filed a malpractice action against Alvin Bonders and Johnny Taxicab Co. in the Philadelphia County Court of Common Pleas. Somerson had previously negotiated a disciplinary settlement agreement concerning his practice before the Pennsylvania Public Utility Commission (Commission). …
Article • August 15, 2013
City of Chicago Sanctioned for Obstructing Discovery in Case of Wrongful Murder Prosecution by In October 2012, the City of Chicago was sanctioned for obstructing the discovery process in a case alleging that city police officials unconstitutionally brought a murder prosecution against a man they had reason to believe was …
Article • August 15, 2013
Attorney’s Fees Not Automatic Under Florida Rule 1.380 by Florida’s Fourth District Court of Appeals has held that a defendant is not entitled to attorney’s fees for a plaintiff’s refusal to admit the central issue of fact in a civil case. Before the Court was the appeal of Walter Shaw …
Article • August 15, 2013
9th Circuit Remands Case to District Court to Explain Its Order Reducing Prevailing Party’s Fee Request by In February, 2013, the Ninth Circuit vacated a district court’s award of costs and attorney’s fees to a prevailing § 1983 litigant because the district court failed to explain how it arrived at …
Article • August 15, 2013
Attorney’s Violation of Court’s Limine Order Requires New Trial by The Utah Supreme Court ordered a new trial in a lawsuit that charged negligence on the part of Ogden City and one of its police officers in the death of a woman as a result of a high speed chase. …
Article • July 15, 2013 • from PLN July, 2013
Seventeen Years Pending Re-trial Fails to State Speedy Trial Violation under § 1983 by Seventeen Years Pending Re-trial Fails to State Speedy Trial Violation under § 1983 The Sixth Circuit Court of Appeals has held that a pretrial detainee did not suffer a violation of his Sixth Amendment right to …
Article • July 15, 2013 • from PLN July, 2013
Third Circuit Discusses FRCP 17(c) Guardian Appointment; Evidence of Incompetency Requires Sua Sponte Inquiry by The Third Circuit Court of Appeals has held that "a court is not required to conduct a sua sponte determination whether an unrepresented litigant is incompetent unless there is some verifiable evidence of incompetence." Federal …
Article • July 13, 2013
Irregularities Undermine Legitimacy of Second Version of 9/11 Trials by Matthew Clarke by Matt Clarke When the American government first determined that it would proceed with trials by military tribunal against the prisoners it held at Guantanamo Bay, Cuba, the decision was met with skepticism by human rights advocates. The …
The Overrepresentation of People of Color in Private Prisons Petrella Radical Criminology 2013 [ insurgencies ] The Color of Corporate Corrections, Part II: Contractual Exemptions and the Overrepresentation of People of Color in Private Prisons CHRISTOPHER PETRELLA1 My previous study2 published in Radical Criminology, (Issue 2, Fall 2013) demonstrates that …
Article • May 15, 2013
$95,664 in Attorneys’ Fees Awarded in Texas Public Records Suit by On October 12, 2011, District Judge Caroline Baker ruled that under Texas Government Code §552.323(a) City of Houston was to pay Randall Kallinen and Paul Kubosh for their attorney's fees. Public safety activists Kallinen and Kubosh filed a lawsuit …
California State Bar Recommends District Attorney’s Disbarment by Christopher Zoukis The State Bar of California has recommended the disbarment of Del Norte County District Attorney Jon Michael Alexander, 64, who was deemed “not eligible to practice law” until the California Supreme Court makes a final decision in his case. In …
Article • May 15, 2013
Additional Attorney's Fees Allowed in Ohio Voter-Registration Suit by Derek Gilna The Northeast Ohio Coalition for the Homeless (NEOCH) instituted a 42 U.S.C. Section 1983 case challenging the 2006 Voter ID law, which resulted in consent orders in 2006 and 2008. A similar action by the Service Employees International Union …
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