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Brief • June 9, 2014
In re Emails on Trulincs, NY, DOJ Letter to Federal Defenders - Classified Inmate Email over Trulincs, 2014 U.S. Department of Justice United States Attorney Eastern District of New York JM:EJK:DCP 271 Cadman Plaza East Brooklyn, New York I l20l June 9,2014 By First Class Mail Peter Kirchheimer, Esq. Attomey-in-Charge …
Publication • June 9, 2014
Ltr. re Policy on Inmate Emails to Counsel on TRULINCS U.S. Atty's Office for E.D.N.Y. 2014 U.S. Department of Justice United States Attorney Eastern District of New York JM:EJK:DCP 271 Cadman Plaza East Brooklyn, New York I l20l June 9,2014 By First Class Mail Peter Kirchheimer, Esq. Attomey-in-Charge Federal Defenders …
Brief • January 7, 2014
Parsons v. Ryan, AZ, TRO Mtn. re Interference w/ Class Members' Legal Mail, Medical Neglect Class Action, 2014 Case 2:12-cv-00601-NVW Document 736 Filed 01/07/14 Page 1 of 24 1 2 3 4 5 6 7 8 9 Daniel Pochoda (Bar No. 021979) Kelly J. Flood (Bar No. 019772) James Duff …
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 • 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 …
Ohio Appellant Wins Mandamus Order Disclosing Attorney Fees Statements by Derek Gilna Appellant Jean A. Anderson won an appeal of a judgment denying her copies of certain itemized billing statements for attorneys service rendered to Vermillion, Ohio, overturning a lower-court decision that had sided with the city’s argument that the …
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
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 • 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 …
Article • May 15, 2012
Iowa Supreme Court Refuses Miranda Protection for Confession to Case Worker by Derek Gilna By Derek Gilna The Iowa Supreme Court has affirmed a lower-court decision denying defendant Jess John Pearson's Motion to Suppress, based upon the Miranda case for a voluntary confession given to his social worker, who interviewed …
Article • May 15, 2012
Correspondence between NY State Prisoners and Disability Advocates Inc. Held to be Privileged and Non-Discoverable by In December 2004, the U.S. District Court for the Southern District of New York granted a protective order filed by Disability Advocates, Inc. (DAI), the plaintiff in a civil action against the New York …
Article • December 15, 2011 • from PLN December, 2011
Recording of Nashville, Tennessee Jail Prisoners’ Attorney Calls Criticized by In February 2011 it was revealed that the Davidson County Sheriff’s Office in Nashville, Tennessee had recorded approximately 300 phone calls between jail prisoners and their lawyers, then gave the recordings to federal prosecutors. The calls were recorded despite the …
Brief • August 10, 2011
California v. Niroula, CA, Def Mot for Order protecting attorney-client calls, sheriff illegal telephone monitoring, 2011 Kaushal Niroula Defendant In Pro Per Booking # 200910575 Indio Jail P.O. Box 1748 INDIO, CA 92201 SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF RIVERSIDE (INDIO BRANCH) ______________________________________________ THE PEOPLE OF THE …
California Federal Court Refuses to Dissolve Most of Orantes Injunction by Matthew Clarke By Matt Clarke On July 23, 2007, a federal district court in California issued an opinion declining to dissolve the injunction issued in Orantes-Hernandez v. Meese, 685 F.Supp. 1488 (C.D.CA 1988), 919 F.2d 549 (9th Cir. 1990), …
Article • May 15, 2011
Second Circuit: Jail Can Deny Paralegals with Prior Felonies Privileged Visits by On May 13, 2003, the Second Circuit court of appeals held that a New York jail could deny privileged visitation rights to paralegals with prior felony convictions. Rogers Hicks and John Ives are paralegals with prior felony convictions …
Article • March 15, 2011
Filed under: Attorneys, Attorney Client
Dismissal of Prosecution is only remedy for Taking of Attorney-Client Materials by State by The Court of Appeals for the State of Washington, Division III, has affirmed the dismissal of a child molestation prosecution after detectives unlawfully took attorney-client privileged materials during a search. James Perrow was charged with child …
Brief • March 9, 2011
ACLU AL v. Ingle, AL, Complaint, Due Process Prisoner Attorney Visitation, 2011 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA JASPER DIVISION AMERICAN CIVIL LIBERTIES UNION FOUNDATION OF ALABAMA and ALLISON NEAL, Plaintiffs v. RODNEY INGLE, in his official capacity as Sheriff of Fayette County, Alabama, …
Article • August 15, 2010 • from PLN August, 2010
U.S. Supreme Court: Counsel Must Advise Immigrant Defendants of Deportation Risks by An immigrant charged with a criminal offense must be advised of the deportation consequences associated with pleading guilty, the U.S. Supreme Court held on March 31, 2010. Jose Padilla was charged with drug trafficking after he was caught …
Controversy Over Texas Attorneys Charging Questionable Fees in Wrongful Conviction Cases by Matthew Clarke by Matt Clarke On September 17, 2009, Steven Charles Phillips, a former Texas prisoner who spent 24 years in prison on a rape charge before being exonerated in 2008, filed suit in Dallas County district court …
Article • August 15, 2010 • from PLN August, 2010
Maricopa County Detention Officer Held in Contempt for Taking Document from Defense Counsel’s File by Matthew Clarke by Matt Clarke In November 2009, an Arizona state judge held Maricopa County Detention Officer Adam Stoddard in contempt of court and ordered him to hold a press conference and publicly apologize to …
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