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Article • April 15, 2013 • from PLN April, 2013
Time for Sentencing Reform by George Gascón From the Capitol to the courtrooms, prosecutors can chart a new path on public safety by championing at both local and state levels one of the biggest ways we can transform our justice system in this generation – sentencing reform. Right now, the …
Article • April 15, 2013
7th Circuit: Reasonable Attorney Fees Not Properly Reduced Due to Existence of Contingent Fee Agreement by After successfully representing Danielle Pickett in a Title VII retaliation suit against her employer, Sheridan Health Care Center, Ernest T. Rossiello & Associates, P.C. sought to recover reasonable attorney fees, pursuant to 42 U.S.C. …
Article • April 15, 2013
Wrongfully Convicted New York Man Receives Settlements for $950,000 by A New York man has settled lawsuits related to his wrongful conviction for $950,000. The settlements were to resolve litigation against the founders of the Innocence Project and the City of New York. Lee Long, who brought the litigation, had …
Article • April 15, 2013
Volunteering Information to an Inmate Informant Does Not Require Miranda Warning by Tavares Hunt, a prisoner in the Cook County Jail (Illinois), became a suspect in the murder of Shakir Beckley. Mycal Davis, another prisoner, volunteered to become an informant and elicit incriminating information concerning the homicide. Wearing a wire, …
Article • April 15, 2013
Delaware Supreme Court Reverses Lawyer "Fast One" by Delaware Supreme Court Reverses Lawyer "Fast One" The Supreme Court of Delaware reversed and remanded in July 2012 the lower court’s order denying motion to vacate judgment in a case involving one lawyer’s “manipulation of court processes” to prevail over another lawyer. …
Article • April 15, 2013
Idaho Supreme Court Reverses Attorney Fee Case by The Supreme Court of Idaho reversed and remanded an Idaho Sixth Judicial District Court’s order denying attorney fees for the Plaintiffs after prevailing at trial. The issue under scrutiny at the Supreme Court level was the interpretation of Idaho Statute IC § …
Article • April 15, 2013
Sixth Circuit of US Court of Appeals Affirms Grant of Habeas Corpus by The United States Court of Appeals for the Sixth Circuit affirmed in May 2012 the order of the U.S. District Court for the Eastern District of Michigan conditionally granting the petition for habeas corpus relief in the …
Article • April 15, 2013
Supreme Court of Arkansas Weighs Hospital's Private Doctors Against FOIA by The Supreme Court of Arkansas delivered opinion in April 2012 in a Freedom of Information Act (FOIA) action levied by a law firm against three doctors and ancillary institutions involved in a medical malpractice suit. The firm of Harrill …
Article • April 15, 2013
Tenth Circuit Reverses $8,000 Awarded for Attorney's Fee as Too Arbitrary by The Tenth Circuit reversed $8,000 awarded for attorney's fees. Michael Zinna used websites JeffcoExposed.Com and ColoradoExposed.Com to report on local government issues and provided a public service by encouraging transparency and accountability in Jefferson County government. He exposed …
Article • April 15, 2013
DC District Court Denies Motion to Compel Production Request on Fees by Derek Gilna On December 18, 2007 the United States District Court for the District of Columbia has refused a request by the District of Columbia and others, in a consolidated civil action brought before it, to compel production …
Article • March 15, 2013
Wisconsin Prisoner's Pro-se AEDPA Action Rejected by Seventh Circuit by Derek Gilna In an appeal from the U.S. District Court for the Western District of Wisconsin, Ronald Romanelli, a prisoner at the Columbia County Jail, was unsuccessful in convincing the Seventh Circuit of the United States Court of Appeals to …
Article • March 15, 2013
Fifth Circuit Upholds Blanket Strip Search Prohibition in Texas Jails by On September 22, 2010, the Fifth Circuit Court of Appeals held that employees of the Wood County, Texas sheriff’s department had violated Chandra Rae Jimenez’s Fourth Amendment rights when they strip searched her at the county jail in 2005 …
Article • March 15, 2013
New York: Indigent Defendants' Suit Over Non-representation Ruled Justiciable by Michael Rigby by Mike Rigby On May 6, 2010, the New York Court of Appeals, the state’s highest court, held that indigent defendants in five New York counties who alleged they were effectively provided no representation at their arraignment and …
Second Circuit Reverses Summary Judgment for Non-Treatment of Prisoner’s HCV by On March 9, 2012, the Second Circuit Court of Appeals reversed the dismissal of a New York prisoner’s claims related to denial of hepatitis C (HCV) treatment. The Second Circuit also determined that the district court had misinterpreted a …
Article • March 15, 2013
Iowa Supreme Court Supports Prisoner Suppression Motion by Derek Gilna In a case of first impression, the Iowa Supreme Court has reversed an Iowa Court of Appeals decision denying a "limited statutory right to a custodial in-person consultation with an attorney," and suppressed an operating a motor vehicle while intoxicated …
Tenth Circuit Faults Kansas Prisoners' Representation; Upholds Dismissal of Compulsory Savings Account Challenge by Thanks largely to profoundly incompetent representation, the Tenth Circuit Court of Appeals affirmed the dismissal of a constitutional challenge to compulsory Kansas prison savings account policies. The Kansas Department of Corrections (KDOC) adopted policies requiring that …
Dismissal for Inability to Pay Monetary Sanctions Reversed by The Seventh Circuit Court of Appeals reversed the dismissal for failure to pay a $9,055.14 attorney fee sanction against an indigent Plaintiff. Bruce A. Williams brought federal suit against four Illinois police officers for false arrest and excessive force. He alleged …
Article • March 15, 2013
California: Confidential Lifer Files Found Discarded in Dumpster Outside Prison by Mysteriously, the files of eight California prisoners serving life sentences turned up in a dumpster at a Shell gas station outside the California Men’s Colony (CMC) in San Luis Obispo. The files were found by a homeless couple looking …
Article • February 15, 2013 • from PLN February, 2013
Supreme Court Extends Qualified Immunity to Private Attorney by The U.S. Supreme Court has extended qualified immunity to a private lawyer who was retained by a city to serve as an internal affairs investigator. In August 2006, Rialto, California firefighter Nicholas Delia became ill while responding to a fire. His …
Supreme Court Adopts Strickland Prejudice Standard for Rejected Plea Bargains by Derek Gilna The U.S. Supreme Court, in a 5-4 ruling, has extended Strickland guarantees of effective legal representation to defendants entering into plea bargains. According to Justice Anthony Kennedy, who delivered the majority opinion of the Court, “The reality …
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