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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 …
Article • February 15, 2013 • from PLN February, 2013
New York Jail Profits from TV Ads by Joe Watson How does a small business like Chico’s Bail Bonds increase its odds of reaching its target demographic? By advertising to people who have just been arrested and jailed, of course. While being booked and photographed within hours of their arrest, …
Idaho Supreme Court Affirms Firing of PHS Medical Director by The Idaho Supreme Court has upheld a lower court’s dismissal of a prison doctor’s challenge to his job termination, stemming from his abusive treatment of a prisoner. Dr. John F. Noak was the medical director for Prison Health Services (PHS), …
Texas Supreme Court Rules Compensation Required in Schlup-type Innocence Cases by Matthew Clarke by Matt Clarke On May 18, 2012, the Supreme Court of Texas held that a former prisoner whose murder conviction was reversed due to ineffective assistance of counsel after he proved that he was likely actually innocent …
California: Del Norte County DA Described as “Idiotic” by Attorney Jon Michael Alexander, 63, has been a meth addict. He’s spent time in jail, he’s been homeless, he’s contemplated suicide, he’s been suspended by the State Bar several times, he’s been investigated by the FBI and is presently awaiting the …
Brief • January 14, 2013
Hiken v. DoD, CA, R&R Reducing Atty Fees, FOIA Case for Journalist Shot by U.S. Troops, 2013 Case4:06-cv-02812-YGR Document139 Filed01/14/13 Page1 of 12 1 2 3 United States District Court Northern District of California 4 5 6 7 MARGUERITE HIKEN, et al., Plaintiffs, 8 v. 9 10 DEPARTMENT OF DEFENSE, …
Article • December 15, 2012 • from PLN December, 2012
States Create Special Commissions to Study Flat-Fee Indigent Defense by Joe Watson Some states may soon be doing more to guarantee the Sixth Amendment right to counsel for indigent criminal defend-ants. Special commissions have been convened in Nevada, Idaho, Michigan and Pennsylvania to investigate how flat-fee contracts with private defense …
Article • November 15, 2012 • from PLN November, 2012
Prisoner’s Coma-Inducing Latex Allergy Triggers Lawsuit, Burning Questions by Alan Prendergast A prisoner’s lawsuit against the Colorado Department of Corrections, claiming a latex allergy so severe that he’s suffered burns and respiratory problems when touched by glove-wearing guards, appeared to have been resolved in August 2012 when DOC officials testified …
Article • October 15, 2012 • from PLN October, 2012
Ninth Circuit Holds CAFRA Attorney Fees Should be Paid to Claimant, not Attorney by In a case brought under the Civil Asset Forfeiture Reform Act (CAFRA), the Ninth Circuit Court of Appeals held on April 26, 2011 that “attorneys fees awarded under CAFRA are payable to the claimant, not the …
Habeas Hints: 2012 Supreme Court Habeas Highlights: Plea Bargaining Cases by Kent A. Russell by Kent Russell This column provides “habeas hints” to prisoners who are considering or handling habeas corpus petitions as their own attorneys (“in pro per”). The focus of the column is on “AEDPA” (Antiterrorism and Effective …
Article • September 15, 2012 • from PLN September, 2012
Attorney Who Brought Reporter into Prison Cleared of Ethical Violations by A Kansas lawyer who took an investigative reporter into the Topeka Correctional Facility (TCF), a women’s prison, has had the cloud of a pending ethics complaint lifted after two years. The complaint was filed with the Kansas Board for …
Article • August 15, 2012 • from PLN August, 2012
Florida Death Row Prisoners Cannot Challenge Sentence Pro Se by Citing its “constitutional responsibility to ensure the death penalty is administered in a fair, consistent and reliable manner, as well as having an administrative responsibility to work to minimize the delays inherent in the post-conviction process,” the Florida Supreme Court …
Article • August 15, 2012 • from PLN August, 2012
State Awarded Statutory Attorney Fees, Costs for Dismissed Washington PRPs by Mark Wilson The Washington State Court of Appeals has held that the state is entitled to statutory attorney fees following the dismissal of a personal restraint petition (PRP). After pleading guilty to witness tampering and burglary, Gregory Scott Bailey …
Article • August 15, 2012 • from PLN August, 2012
Fourth Circuit: Where Offer of Judgment is Silent as to Costs, Prevailing Party Entitled to Recover Attorney’s Fees by The Fourth Circuit Court of Appeals has held that “in an action brought under 42 U.S.C. § 1983, an offer of judgment pursuant to Fed.R.Civ.P. 68(a) which makes no mention of …
Article • August 15, 2012 • from PLN August, 2012
New Jersey Appellate Court Holds Attorneys for Female Prisoners Temporarily Transferred to All-Male Facility May be Entitled to Fees by The Appellate Division of the Superior Court of New Jersey has held that the attorneys who represented a class of female prisoners temporarily transferred to the all-male New Jersey State …
Article • July 15, 2012
Tenth Circuit Reduces Attorney Fees under Federal Rule of Civil Procedure 68 in Police Excessive Force Settlement by The Tenth Circuit Court of Appeals applied an offer of judgment cutoff provision to reduce an attorney's fee award in a federal civil rights action. Norman T. Sussman and his wife Gabriele …
Article • July 15, 2012
Oregon Prisoner's Legal Mail Claims Dismissed by The Oregon Court of Appeals affirmed a lower court's dismissal of a prisoner's action, challenging the opening his legal mail outside his presence. After Oregon prisoner Jacob Barrett was transferred to the Oklahoma State Penitentiary (OKSP), Oregon attorney Charles Simmons continued to represent …
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