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Article • February 17, 2016
Oregon Applies Total Sentence Approach to Assess Pearce Vindictiveness by Mark Wilson The Oregon Court of Appeals held that the "total sentence approach" is the proper test for assessing whether an increased sentence after a successful appeal is presumptively vindictive. In North Carolina v. Pearce, 395 U.S. 711, 89 S.Ct. …
Publication • February 9, 2016
Filed under: Court Access, Appeals
Report on CDCR Revised Prisoner Appeal Process, CA OIG, 2011 SPECIAL REPORT CDCR ’ S R E V I S E D I N M AT E APPEAL PROCESS L EAVES KE Y P RO B L E M S U N ADDRESSED OFFICE OF THE INSPECTOR GENERAL ROBERT A. …
Brief • January 6, 2016
Knuth v. Arp et al, CO, Complaint, wrongful imprisonment appeal parole due process, 2016 Case 1:16-cv-00025-LTB Document 1 Filed 01/06/16 USDC Colorado Page 1 of 31 Case 1:16-cv-00025-LTB Document 1 Filed 01/06/16 USDC Colorado Page 2 of 31 Case 1:16-cv-00025-LTB Document 1 Filed 01/06/16 USDC Colorado Page 3 of 31 …
Article • December 31, 2015 • from PLN January, 2016
Seventh Circuit Rejects Prisoner’s 1983 Claim but Criticizes Controlling Precedent by Derek Gilna Seventh Circuit Rejects Prisoner’s 1983 Claim but Criticizes Controlling Precedent by Derek Gilna It’s not often that a federal appellate court criticizes the precedent that it feels obligated to follow, but that is what happened in a …
Article • November 16, 2015
Bizarre Ruling Deprives Arkansas Prisoner of Judicial Review of Disciplinary Action by Bizarre Ruling Deprives Arkansas Prisoner of Judicial Review of Disciplinary Action On May 15, 2014, the Arkansas Supreme Court denied a state prisoner the right to seek judicial review of a disciplinary action because he did not pay …
Article • November 16, 2015
Officers’ Unions’ Motions to Intervene in Federal Stop-And-Frisk Suits Held Untimely and Insubstantial by Officers’ Unions’ Motions to Intervene in Federal Stop-And-Frisk Suits Held Untimely and Insubstantial The United States Court of Appeals for the Second Circuit has affirmed a lower court’s denial of the officers’ unions’ motions to intervene …
Article • November 13, 2015
Filed under: Evidentiary Ruling, Appeals
Oregon Conviction Tainted by Detective’s claimed Ability to Detect Lies by Mark Wilson Oregon Conviction Tainted by Detective’s claimed Ability to Detect Lies by Mark Wilson On November 26, 2013, the Oregon Court of Appeals reversed a drug conviction, holding that a jury was unfairly prejudiced by a detective’s claim …
Article • November 13, 2015
Federal Court Improperly Defers Judgment, Allows Discovery on Qualified Immunity Defense by Federal Court Improperly Defers Judgment, Allows Discovery on Qualified Immunity Defense The Fifth Circuit Court of Appeals has held that a lower court incorrectly deferred judgment on the defendants’ motion seeking qualified immunity and improperly allowed limited discovery. …
Article • November 13, 2015
U.S. Court of Appeals Reverses Prisoner’s Parole Board Suit by U.S. Court of Appeals Reverses Prisoner’s Parole Board Suit In a March 14, 2014 order, the United States Court of Appeals for the Eleventh Circuit affirmed in part, reversed in part, and remanded Veronza L. Bowers case to the district …
Tenth Circuit Finds Prisoner's First Amendment Claim Substantive and Remands Case by Tenth Circuit Finds Prisoner's First Amendment Claim Substantive and Remands Case On March 10, 2014, the United States Court of Appeals for the Tenth Circuit held that a Colorado prisoner's civil rights claim against prison guards and officials …
Article • November 2, 2015
Texas Supreme Court Holds No Compensation for Wrongly-Convicted Prisoner Imprisoned on Other Charges by Matthew Clarke Texas Supreme Court Holds No Compensation for Wrongly-Convicted Prisoner Imprisoned on Other Charges by Matt Clarke On August 23, 2013, the Supreme Court of Texas held that a former death row prisoner who had …
Article • November 2, 2015
Ninth Circuit: Prisoner’s Delusions Warrant §2254 Equitable Tolling by Ninth Circuit: Prisoner’s Delusions Warrant §2254 Equitable Tolling On April 18, 2014, the Ninth Circuit Court of Appeals held that the statute of limitations on an Oregon prisoner’s federal habeas corpus petition should be equitably tolled due to delusions the prisoner …
Article • October 28, 2015
Mississippi Supreme Court Reverses Time Bar in Wrongful Conviction Civil Suit by Mississippi Supreme Court Reverses Time Bar in Wrongful Conviction Civil Suit The Supreme Court of Mississippi, on January 9, 2014, reversed and remanded Adams County Circuit Court’s time-barred dismissal of appellant Larry Hammett’s motion to reinstate his claim …
Article • October 27, 2015
Filed under: Appeals, Qualified Immunity
Alabama Supreme Court to Resolve Law Granting Jailer Immunity by Alabama Supreme Court to Resolve Law Granting Jailer Immunity The Eleventh Circuit Court of Appeals certified two questions to the Alabama Supreme Court to assist in the application of a state law that provides jailers the same immunity state executive …
Article • October 27, 2015
Attorney Fees against Indigent Defendant Vacated by Attorney Fees against Indigent Defendant Vacated On July 23, 2014, the Oregon Court of Appeals vacated an order imposing $400 in attorney fees against a mentally ill, homeless criminal defendant who faced deportation due to his inability to pay. Oregon law authorizes trial …
First Circuit Reverses Summary Judgment for Retaliation Claim by First Circuit Reverses Summary Judgment for Retaliation Claim On February 6, 2013, the First Circuit Court of Appeals reversed summary judgment granted to Correctional Medical Services, Inc. ("CMS") for an alleged retaliation claim under the Americans with Disabilities Act. In spring …
Article • October 26, 2015 • from PLN November, 2015
Filed under: Appeals
Prisoner’s Lawsuit Dismissed Due to Abusive Language by Prisoner’s Lawsuit Dismissed Due to Abusive Language The Second Circuit Court of Appeals has held that abusive language directed towards a federal magistrate judge was sufficient grounds to dismiss a prisoner’s lawsuit. New York state prisoner Edward Koehl, while housed at the …
Article • October 26, 2015 • from PLN November, 2015
Ohio Appellate Court Orders Review of State Budget Over Private Prison Sale by Gary Hunter Ohio Appellate Court Orders Review of State Budget Over Private Prison Sale by Gary Hunter Ohio Governor John Kasich joined legislators in protesting an order by Ohio’s Tenth District Court of Appeals that instructed a …
Article • October 26, 2015 • from PLN November, 2015
Filed under: Appeals, Res Judicata
Ninth Circuit: Damages Suit Not Heck-barred by Retrial by Mark Wilson Ninth Circuit: Damages Suit Not Heck-barred by Retrial by Mark Wilson In “an unusual case,” the Ninth Circuit Court of Appeals held that a California murder conviction on retrial did not bar a damages suit for the first conviction, …
Article • October 23, 2015
Filed under: Appeals, Trials
Connecticut Supreme Court Invokes Supervisory Authority Reversing Conviction by Connecticut Supreme Court Invokes Supervisory Authority Reversing Conviction Calling the harm resultant of requiring a prisoner to wear a prison jumpsuit at jury trial an “unambiguous and indefensive” constitutional violation, the Supreme Court of Connecticut applied its supervisory authority in affirming, …
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