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Article • May 15, 2007
Shackling Prisoner Witnesses at Trial Discussed by The Ninth Circuit Court of Appeal held a defense witness may be shackled at a jury trial, and a defendant must request lesser alternatives to shackling or curative instructions to the jury to not consider the shackling for the Court to consider prejudice …
Article • May 15, 2007
Deposition Sufficient to Present Testimony by An imprisoned attorney petitioned the Ohio Supreme Court for the issuance of a writ of habeas corpus ad testificandum compelling his conveyance to a hearing of the State Bar to answer a complaint filed against him. Absent a showing that his personal appearance outweighed …
Absent Conflict, Magistrate May Determine Prisoner Placement During Litigation by Absent Conflict, Magistrate May Determine Prisoner Placement During Litigation The U.S. Court of Appeals for the Seventh Circuit ruled that a federal prisoner could be held in a particular prison upon order of a U.S. magistrate. Prisoners involved in actions …
Article • May 15, 2007
WA S.Ct. Holds Prisoner Witnesses Should Not Appear in Court in Prison Clothes or Shackles by WA S.Ct. Holds Prisoner Witnesses Should Not Appear in Court in Prison Clothes or Shackles The Washington state Supreme Court held that prisoner witnesses should not appear before a jury in prison clothing, given …
Article • May 15, 2007
No Habeas Relief for Prisoner Restrained During Criminal Trial by Handcuffing a prisoner during trial did not deny due process because the trial judge did not improperly delegate the decision to restrain to corrections officials, just relied on a corrections sergeant to describe the form of restraint that would be …
Class Certification Denied in Delay of Probable Cause Hearings Suit by The plaintiffs (196 of them) sought to represent a class of persons arrested without prior probable cause determinations challenging failure to provide timely probable cause hearings. The Supreme Court has said that generally, probable cause hearings should occur within …
Court Refuses to Drug Defendant for Trial by The criminal defendant was found incompetent to stand trial. The government did not show sufficient need to involuntarily medicate him to render him competent to stand trial. The government's report does not address whether such medication is medically appropriate; there is inadequate …
Article • May 15, 2007
Trial in Prison Clothes Harmless Error by At 879: "A prisoner may not be compelled to go to trial in prison clothing." But due process is satisfied if there is not actual compulsion; if the defendant doesn't object, he hasn't been compelled, and may also have waived the right to …
Article • May 15, 2007
WA Prisoner Properly Removed from Court by Damon Chapple, a Washington state prisoner, was serving one hundred and twenty five years for murder, rape, and robbery. In 1997, he was charged with raping a fellow prisoner as a three strikes offense. During a pretrial hearing he became disruptive, swearing and …
Article • May 15, 2007
BOP Prisoner's Ineffective Assistance of Counsel Claim in Guard Murder Rejected by Scott Fountain, a federal prisoner and a member of the Aryan Brotherhood, was convicted of murdering a prison guard in 1986 in the control unit at the US Penitentiary in Marion, Illinois. In 1997, he moved to vacate …
Article • May 15, 2007
Case Can't Be Dismissed Because Prisoner Doesn't Appear in Courtroom by The court of appeals for the Seventh circuit, sitting en banc, held that a district court erred when it dismissed an Illinois prisoner's lawsuit because he did not personally appear in court. The prisoner sued police and prosecutors for …
Article • May 15, 2007
Suit Dismissal for Failure to Appear Improper by The court of appeals for the Sixth circuit held that a district court in Tennessee improperly dismissed a federal prisoner's lawsuit because he did not appear in court for hearings. District court set various hearing dates, the plaintiff could not appear due …
Fifth Circuit Reverses Beaten Louisiana Prisoner's $1.5 Million Jury Award by The U.S. Court of Appeals for the Fifth Circuit reversed the award of $1.5 million to a beaten prisoner by a federal jury, granting the defendants a new trial on damages. John Poullard, a Louisiana state prisoner, sued guards …
Article • May 15, 2007
Court Not Obligated to Pay Indigent Prisoner's Witness Fees by The U.S. Court of Appeals for the Sixth Circuit held that an indigent prisoner pursuing a civil rights action was responsible for his own witness fees. Willard Johnson brought an in forma pauperis (IFP) civil rights action against two psychiatrists …
Article • May 15, 2007
Dismissal of Tennessee Prisoner's Petition for Failure to Prosecute Reversed by In this case involving a prisoner's pro se petition for writ of certiorari, the Tennessee Court of Appeals held that the trial court improperly dismissed the petition for failure to appear and prosecute. Eddie Williams, a prisoner in the …
Article • May 15, 2007
Stun Belt Allowed in Criminal Trial by A federal district court in the District of Columbia overruled a murder defendant's objection over being forced to wear a stun belt during his trial. The court set forth a series of factors to be weighed in deciding whether the defendant should be …
Article • May 15, 2007
Court Appearance Governed by Fundamental Fairness by A Michigan prisoner appealed the trial court's denial of his petition for writ of habeas corpus ad testificandum and his motion for leave to testify by deposition which effectively foreclosed him from obtaining a divorce. In Michigan, a judgment of divorce may not …
Article • May 15, 2007
Mask May Be Required in Prisoner's Spitting Trial by An Illinois appeals court held that a prisoner charged with a criminal offense for spitting on a guard may be required to wear a mask at his trial. The prisoner was charged with aggravated battery after he spit in a guard's …
Los Angeles County Jail Conditions Unconstitutional by A California federal district court held the conditions at the Los Angeles County Jail were unconstitutional. This class action suit resulted in a non-jury trial that alleged violations of the pre-trial detainees' constitutional rights under the Fourteenth Amendment. The court found the detainees …
Prisoner's Presence at Civil Trial May Be Ordered by The Fourth Circuit Court of Appeals has outlined the considerations a district court should make when deciding whether to stay a prisoner's civil rights action pending the prisoner's release from prison. The prisoner was detained in the Baltimore City Jail pending …
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