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Nevada Prisoner Receives $500, Other Considerations, in Settlement of Complaint Asserting Numerous Civil Rights Violations by Lonnie Burton On April 18, 2016, the Nevada Department of' Corrections (NDOC) agreed to pay a state prisoner $500 and make other policy changes' as part of a settlement agreement resolving the federal civil …
Article • October 25, 2016
Eleventh Circuit Affirms Dismissal of Pretrial Detainee's Lawsuit for Unsanitary Conditions, Due Process Violations by Lonnie Burton On August 29, 2016, a three-judge panel of the Eleventh CircA.t U.S. Court of Appeals upheld an order of a federal district court in Alabama which dismissed the lawsuit of a pretrial detainee …
Article • October 25, 2016
Eighth Circuit Finds No Constitutional Right to Communicate in Chinese by Lonnie Burton On August 15, 2016, the Eighth Circuit U.S. Court of Appeals upheld the dismissal of a case filed by a Chinese-born Missouri state prisoner who had his mail to and from China repeatedly rejected by prison officials. …
Article • October 3, 2016 • from PLN October, 2016
Oregon Post-conviction Judgment Violates State Law by Mark Wilson Last year the Oregon Court of Appeals reversed a lower court’s judgment denying a prisoner’s collateral appeal, because the judgment violated state law. Following the direct appeal of a conviction and sentence to the Court of Appeals and state Supreme Court, …
Article • September 29, 2016
Filed under: Due Process
Missouri Supreme Court Invalidates Red Light Camera Ordinances by Mark Wilson The en banc Missouri Supreme Court held on August 18, 2015 that red light camera enforcement ordinances in three cities were invalid because they violated state law or due process. The City of St. Peters, Missouri enacted ordinance 4536, …
Article • September 8, 2016
Virginia Supreme Courts Upholds Conviction of Man Forced to Stand Trial in Jail Clothes by Lonnie Burton On June 2, 2016, the seven judge Virginia Supreme Court affirmed a court of appeals decision to uphold the conviction of a defendant who had a jury trial while wearing jail-issued attire. The …
Article • September 7, 2016
Missouri Prisoner's Conviction for Assaulting Guard Upheld on Appeal by Lonnie Burton On May 24, 2016, the Missouri Court of Appeals, Western District, affirmed the conviction of a state prisoner charged with assaulting a Department of Corrections staff member. The length of the sentence imposed for the conviction was not …
Article • August 26, 2016
GAO Study: Federal Grants Bypass Indigent Defense In Favor of Law Enforcement by A report from the Government Accountability Office (GAO) confirms what most criminal defendants too poor to pay for an attorney already assumed: While hundreds of millions in federal tax dollars support prosecutors and law enforcement every year. …
El Paso County Settles Ex-Prisoner's Disabilities Suit for $6,650 by Matthew Clarke On June 26, 2012, representatives of the County of El Paso, Texas signed a settlement in a suit brought by a deaf former jail prisoner over the lack of accommodations for disabled prisoners at the El Paso County …
Article • August 24, 2016
Filed under: Due Process
Wyoming Prisoner Not Denied Right to Speedy Trial, Properly Denied Continuance by The Wyoming Supreme Court has held that a prisoner was not denied the right to a speedy trial and that the lower court did not abuse its discretion by denying the prisoner’s motion for continuance. Rene Vargas, a …
Solitary Confinement Emboldens Recalcitrant Witnesses, Breaks Court's Resolve by A Washington federal court ordered the release of two recalcitrant federal grand jury witnesses, after five months of confinement. In September 2012, Katherine Olejnik and Matthew Duran refused to testify before a Federal Grand Jury. As a result, a Washington federal …
Article • August 12, 2016
No Oregon DNA Appeal Unless Testing is Denied or Limited by Mark Wilson The Oregon Court of Appeals held that prisoners do not have a due process right to a psychological evaluation at state expense for "rehabilitation hearings." Oregon prisoners convicted of Aggravated Murder are sentenced to life imprisonment with …
Article • August 12, 2016
No Due Process Right to Oregon Parole Witnesses or Cross-Examination by Mark Wilson The Oregon Court of Appeals rejected a facial challenge to a rule denying prisoners the right to call or cross-examine witnesses at parole hearings. When the Oregon Board of Parole and Post-Prison Supervision (Board) has established a …
Publication • August 12, 2016
Regaining Perspective - Constitutional Criminal Adjudication in the U.S. Supreme Court, Crespo, 1985 Article Regaining Perspective: Constitutional Criminal Adjudication in the U.S. Supreme Court Andrew Manuel Crespo† INTRODUCTION A classic is a work that lives on through time, not because it is static and inert, but because it speaks continuously …
Federal Jury Awards $9 Million to Illinois Man Cleared of Rape He Was Convicted of as Teenager by Alejandro Dominguez, who spent four years in prison for a rape he did not commit, was awarded $9 million by a federal jury after DNA evidence cleared him of the charges. Dominguez, …
North Dakota Prisoner’s Parental Rights Terminated by The North Dakota Supreme Court upheld the termination of a prisoner’s parental rights. Before the court was the appeal of G. L., who argued a juvenile court erred by declaring him in default, finding that causes of the child’s deprivation were likely to …
Illinois DOC Settles Lawsuit Over Mental Health Treatment by Derek Gilna It took eight years but civil rights attorneys finally prevailed in a federal lawsuit against the Illinois Department of Corrections (IDOC), entering into a settlement that requires prison officials to provide 11,000 mentally ill state prisoners with adequate mental …
$7,000 Settlement after Second Circuit Reverses Dismissal of New York Prisoner’s Suit by Derek Gilna In 2007, prisoner Aaron Willey filed a pro se federal civil rights lawsuit against guards employed by the New York State Department of Corrections and Community Supervision, alleging harassment, inadequate nutrition, theft of legal documents, …
Iowa State Court Finds Prisoner Entitled to Counsel at Prison Classification Hearing by Derek Gilna Iowa State District Court Judge Scott D. Rosenberg reversed and remanded a prisoner’s adverse classification hearing based upon the denial of his right to legal counsel. Gary Pettit pleaded guilty to third-degree sexual abuse and …
Criminal Defendants Shortchanged by Justice System that Favors Prosecutors by Derek Gilna Since the landmark Supreme Court case of Gideon v. Wainwright in 1963, criminal defendants who face incarceration have been guaranteed representation by an attorney if they cannot afford one. Gideon spurred most states and the federal government to …
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