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Article • November 15, 2011 • from PLN November, 2011
Ninth Circuit Rules California’s Proposition 115 Not Unconstitutional by The Ninth Circuit held that California’s Proposition 115, known as the Crime Victims Justice Reform Act, does not violate a defendant’s Sixth Amendment right to confront the witnesses against him. Adopted by California voters in 1990, Prop. 115 added constitutional and …
Article • November 15, 2011
Filed under: Civil Procedure, Witnesses
Prisoners Not Entitled to Witness Fees by Prisoners are not entitled to witness fees, U.S. District Judge Michael Reagan recently held. Christopher Lekas, a prisoner at the Dixon Correctional Center in Dixon, Illinois, testified via video feed from prison in a civil rights action. After testifying, Dixon filed a motion …
Brief • October 23, 2011
Filed under: Witnesses
US DOJ v Thompson, WA, Motion to Exclude Rule 702, witness memory, 2011 Case 2:09-cr-00088-FVS 1 2 3 4 5 6 7 Document 692 MICHAEL C. ORMSBY United States Attorney Aine Ahmed Tim M. Durkin Assistant United States Attorneys Eastern District of Washington Victor Boutros, Trial Attorney Civil Rights Division …
Article • July 15, 2011
Ninth Circuit: California’s Prop. 115 Not Unconstitutional by Michael Brodheim By Michael Brodheim The Ninth Circuit has held that California’s Proposition 115, known as the Crime Victims Justice Reform Act, does not violate a defendant’s Sixth Amendment right to confront the witnesses against him. Adopted by California voters in 1990, …
Article • May 15, 2011
Florida Supreme Court Clarifies Harmless Error Test by Florida’s Supreme Court has held that when applying the harmless error analysis, it is not an “overwhelming evidence test.” The focus of the test is “the effect of the error on the trier of fact. The question is whether there is a …
Mohave County, Arizona Appointed Counsel Selection System Unconstitutional by On April 3, 1984, the Supreme Court of Arizona held that the system of selecting and compensating appointed counsel in Mohave County, Arizona, violated the constitutional rights to due process and counsel. Joe. U. Smith was convicted of burglary, sexual assault …
Article • March 15, 2011
Expert Report Not Required for Primary Care Physician to Testify by A physician who treated a patient plaintiff may testify concerning his consultation or treatment of a patient without providing an expert report, U.S. District Judge Michael Ponsor recently decided. Under Fed. R. Civ. P. 26., Judge Ponsor concluded that …
Article • August 15, 2010 • from PLN August, 2010
Aryan Warriors Prison Gang Prosecuted in Nevada by Gary Hunter Nevada prison officials recently had to come to grips with two stark realities. First, for decades their correctional facilities have been a haven for gang-related crime and brutality, and second, the state’s own corrupt prison guards played a role in …
Prisoner Convicted of Retaliating Against Federal Witness by On August 21, 2009, the U.S. Court of Appeals for the Tenth Circuit affirmed the conviction and sentence of a man accused of retaliating against a federal witness. Carl Pursley, Jr. and Wendell Wardell were charged with tax fraud. The government’s star …
Anatomy of the Modern Prisoners’ Rights Suit: A Practitioner’s Guide to Successful Jury Trials on Behalf of Prisoner-Plaintiffs* by Alphonse A. Gerhardstein by Alphonse A. Gerhardstein+ Ed. Note: This article is written with the aim of assisting attorneys who are litigating prison-related lawsuits; however, it is also very helpful for …
Article • April 15, 2009
California Sexual Predators Have Right to Testify at Civil Commitment Hearings by The Supreme Court of California has held that a defendant in a sexually violent predator proceeding does have California and federal constitutional rights to testify over counsel’s objection, but that refusing to allow the testimony is a harmless …
Testimonial Hearsay Ruled Admissible in Florida Probation Revocation Hearings by The Supreme Court of Florida has held that testimonial hearsay is admissible in probation revocation hearings. In July 2003, Robert Sheldon Peters had his community control revoked, received a suspended 24 month prison sentence, and was placed on drug offender …
Governments, Not Prisoners, Must Pay Cost of Transporting Prisoner Witnesses by A federal court in Georgia held that costs taxed against an incarcerated litigant who lost his lawsuit could not include the cost of transporting prisoner witnesses to testify at trial. Dexter Palmer, a Georgia state prisoner, filed a civil …
Article • December 15, 2007
Nondisclosure Of Prosecutor's Investigative Notes Reversed, Remanded For Inspection To Determine Merit by New York State pro se prisoner Hector Chebere appealed a 2002 court order denying the production of notes containing a witness statement made prior to his conviction. The court reversed and remanded for an in camera inspection …
Ninth Circuit: Prisoner is Protected by Legal Privilege but Not Marriage Privilege When Writing His Lawyer-Wife by A California state prisoner who was being tried in United States District Court for federal conspiracy, racketeering and murder offenses committed from state prison, and whose wife was his lawyer, was permitted to …
Two Wrongfully Imprisoned Michigan Men Receive $2.75 Million Partial Settlement by Two Wrongfully Imprisoned Michigan Men Receive $2.75 Million Partial Settlement On November 2, 2001 two Michigan men who were wrongfully imprisoned for eight years before their convictions were overturned reached a $2.75 million partial settlement with the prosecuting county. …
Missouri Supreme Court Allows Actual Innocence Claims in Death Penalty Habeas by By Matthew T. Clarke In a case of first impression, the Supreme Court of Missouri (SCM) has held that a death-sentenced prisoner may raise a freestanding claim of actual innocence in a state habeas petition. Joseph Amrine, formerly …
Article • May 15, 2007
U. S. Marshals Need Not Transport State Prisoners to Court by The United States District Court for the Eastern District of Pennsylvania issued writs of habeas corpus ad testificandum for five prisoner witnesses to appear in a civil rights action against Philadelphia County Jail officials. The writs instructed the wardens …
Article • May 15, 2007
Party in Civil Rights Case Not Entitled to Witness Fees, But Non-Parties Are by Party in Civil Rights Case Not Entitled to Witness Fees, but Non-Parties Are A federal district court in New York has held that, in a civil rights action, a pro se prisoner proceeding in forma pauperis …
Article • May 15, 2007
Telephonic Depositions Useful to Prisoners by A federal district court in North Carolina has held that Fed.R.Civ.P. 30 (b)(7) should be liberally construed to allow a telephonic deposition of a witness. The plaintiff sought such a deposition because she was unable to afford the cost to do a face-to-face deposition …
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