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Inconsistent Jury Verdict on Qualified Immunity Requires New Trial by Qualified immunity should be raised before trial so the claim can be disposed of by summary judgment where possible or factual disputes material to it can be identified and presented to the jury. The defendants did not waive their qualified …
Article • May 15, 2007
US Supreme Court Held That Exclusion Of Jurors Based On Race Is Unconstitutional in Civil Cases by US Supreme Court Held That Exclusion Of Jurors Based On Race Is Unconstitutional in Civil Cases The US Supreme Court held that exclusion of prospective jurors based on their race violates their equal …
WA Prisoners' Conviction Reversed Due To Prosecutorial Misconduct And A Biased Juror by WA Prisoners' Conviction Reversed Due To Prosecutorial Misconduct And A Biased Juror The Washington State Court of Appeals, Division 1, held that Daniel Gonzales, was denied the right to a fair trial due to the fact that …
Article • May 15, 2007
New Trial Granted in Strip Search of Detainee by A federal district court in New York has granted a pretrial detainee's motion for new trial after a jury verdict found the guard had reason to strip the detainee. The detainee, Fredrick Lee, was arrested for three misdemeanor offenses and held …
Anonymous Jury, Failure to Disclose, Approved in Latin Kings' Trial by The U.S. Second Circuit Court of Appeals approved the use of an anonymous jury by the U.S. District Court for the Southern District of New York and held that the Government's failure to disclose to the defense a witness' …
Article • May 15, 2007
Filed under: Civil Procedure, Juries
Jury Verdicts Explained by Questions to the jury are not special verdicts when the jury is asked to make determinations not just of fact but of ultimate liability. They are not special interrogatories either if they address liability rather than facts. What they are, in this case, are general verdicts …
Article • May 15, 2007
Seventh Circuit Affirms Dismissal of Blind Prisoner's Failure to Protect Suit by The legally blind plaintiff sued under the ADA and the Constitution, alleging that inter alia the defendants had double celled him with other prisoners who verbally and physically assaulted him and stole from him. His attorney, in a …
Article • May 15, 2007 • from PLN May, 2007
$128,000 Cost Fee Against Former Angolite Editor Reversed by Louisiana?s Third Circuit Court of Appeals has reversed a trial court?s order imposing a $128,000 court cost fee assessed against award winning former prison journalist Wilbert Rideau. PLN previously reported on Rideau?s release. Rideau is best known for his work as …
Article • May 15, 2007 • from PLN May, 2007
Prosecutors Check Prospective Jurors’ Background, Hoping to Disqualify Them by Prosecutors Check Prospective Jurors' Background, Hoping to Disqualify Them An Ohio murder case has exposed a new tactic that prosecutors are using to disqualify potential jurors -- the use of a federal criminal records database to run background checks. Timothy …
Sixth Circuit Reverses Jury in Retaliation Case, Verdict Was Unreasonable by The Sixth Circuit Court of Appeals has again reversed and remanded the U.S. District Court for the Eastern District of Michigan in a case involving a prison guard's retaliation against a prisoner and his mother. Stephen Neal was a …
Article • March 15, 2007 • from PLN March, 2007
Filed under: Civil Procedure, Juries
Cunningham v. California: Who’s Covered and Who’s Not? by Kent A. Russell Cunningham v. California: Who's Covered and Who's Not? by Kent Russell On January 22, 2007, the U.S. Supreme Court decided Cunningham v. California, __ S.Ct. __, 2007 WL 135687 (No. 05-6551), holding that California?s determinate sentencing law, which …
Article • September 15, 2005 • from PLN September, 2005
Filed under: Court Access, Judiciary, Juries
Houston Grand Juries Mostly Law-Enforcement by Matthew Clarke Houston Grand Juries Mostly Law-Enforcement and Government Employees by Matthew T. Clarke Ever since a ruling by the U. S. Supreme Court in Smith v. State of Texas, 311 U.S. 128, 61 S.Ct. 164, 85 L.Ed. 84 (1940), grand juries have been …
Habeas Hints by Kent Russell This column is intended to provide 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 habeas corpus practice under the AEDPA, the 1996 habeas corpus law which now governs …
Article • August 15, 2005 • from PLN August, 2005
Jury Trial in Prison Violates Oregon Constitution by The Oregon Supreme Court held that conducting a prisoner's jury trial within a prison violates the impartial jury guarantee of the Oregon Constitution. Gary Cavan, a prisoner at the Snake River Correctional Institution (SRCI) was charged with several crimes stemming from his …
Article • March 15, 2005 • from PLN March, 2005
Judges Of Death by Mumia Abu-Jamal As the nation pondered the fate of a young California man being sentenced to death, the case of another man, one lesser-known, one without wealth or whiteness, comes back before the nation's highest court, after having been shunted through a series of killing courts …
Verdict for Other Defendants Cannot Negate Jury Question of Warden's Liability in Transsexual's Assault by The Sixth Circuit Court of Appeals held a warden may be found to be deliberately indifferent to a male-to-female transsexual prisoner's safety where the prisoner was housed in the Protective Custody Unit (PCU) with a …
Article • November 15, 2003 • from PLN November, 2003
Pro Se Tips and Tactics: Magistrate Judges in Federal Courts by John Midgley If you are representing yourself in federal court, you should become familiar with how prison cases may be handled by magistrate judges. This column looks at magistrate judge authority in federal cases, and at a recent Supreme …
Article • October 15, 2003 • from PLN October, 2003
Stun Belt Prejudice Reverses California Conviction by John E Dannenberg by John E. Dannenberg The California Supreme Court overturned a three-strikes conviction and remanded the case for a new trial because of the potential for psychological prejudice from a remote-controlled electronic stun belt on a defendant's demeanor during testimony, where …
Article • September 15, 2002 • from PLN September, 2002
U.S. Supreme Court: No Death Penalty for Retarded; Juries Must Impose Death Sentence by David Zuckerman June was a good month for many death row prisoners. In Ring v. Arizona , 122 S.Ct. 2428 (2002) and Atkins v. Virginia , 122 S.Ct. 2242 (2002), the Supreme Court placed new and …
Florida Guards Murder Another Prisoner, Get Another Acquittal by David Reutter by David M. Reutter A state jury has acquitted three Florida prison guards in the murder of death row inmate Frank Valdes. The guards, Captain Timothy Thornton, Sgt. Jason P. Griffis, and Sgt. Charles A. Brown, were exonerated of …
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