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Article • May 15, 2011
Second Circuit Rejects Bivens Claim against Judges for Attorney Compensation by On August 28, 2009, the U.S. Court of Appeals for the Second Circuit affirmed the dismissal of a lawsuit by a public defender who alleged that he was undercompensated in violation of his right to due process. David Bliven …
Article • May 15, 2011 • from PLN May, 2011
Study Highlights the Burden of Fees, Debt Collection on Criminal Defendants by Derek Gilna In an October 2010 report examining the fifteen states that have the highest prison populations, the Brennan Center for Justice found that the practices of imposing new “user fees” on criminal defendants, raising the amounts of …
Article • May 15, 2011 • from PLN May, 2011
Conviction Affirmed for Former Prisoner Who Posed as Lawyer by by Brandon Sample Howard O. Kieffer “is not an attorney, never obtained a college degree and has never attended law school or passed a bar exam,” wrote the Chief Judge of the Eighth Circuit Court of Appeals, in affirming Kieffer’s …
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 • May 15, 2011
Judge Denies Attorney’s Fees to Prevailing Defendant by U.S. Magistrate Judge John A. Gorman has denied a request for attorney’s fees and sanctions against a plaintiff who brought an unsuccessful civil rights action. Defendant Advanced Correctional Healthcare Inc. had argued that it was entitled to attorney’s fees because the plaintiff’s …
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 …
Attorney Fees and Costs Against Exoneree Who Lost Lawsuit Denied by On May 21, 2009, a Michigan federal court denied a motion by defendants for attorney fees and costs in an unsuccessful lawsuit brought by an exoneree. During a custody dispute with his ex-girlfriend in 1987, Mark Norman Cleary's seven-year-old …
Washington State Supreme Court Allows Withdrawal of Juvenile's Guilty Plea to Sex Offense by On January 28, 2010, the Supreme Court of Washington State issued an opinion allowing a juvenile to withdraw a guilty plea to a sex offense due to ineffective assistance of appointed counsel and misunderstanding the charge. …
Manuel v. Atkins, DE, Demand for Jury Trial, Injury while Incarcerated, 2011 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE KARL B. MANUEL, SBI NUMBER 00332040 Plaintiff, v. SERGEANT ATKINS, an employee at Sussex Violation of Probation Center (SVOP) 23207 Dupont Boulevard, Georgetown, Delaware 19947 WARDEN WILLIAM OETTEL, an …
Open Government Act’s Catalystic Theory for Attorneys’ Fees Doesn’t Apply Retroactively by The provisions of the Open Government Act of 2007 that restore the catalyst theory for attorneys’ fees do not apply retroactively, the D.C. Circuit decided June 26, 2009. Anthony Summers settled a Freedom of Information Act (FOIA) suit …
Attorney Fee Award Not Conditioned on Attempts at Pre-litigation Resolution by by Michael Brodheim In a case resulting in the enforcement of provisions that California prisoners, under certain circumstances, be paid for work at no less than minimum wage, the California Supreme Court held that pre-litigation resolution attempts are not …
Article • April 15, 2011
Underfunding, Excessive Caseload Not Adequate Basis for Public Defender to Withdraw in Florida by Florida’s Third District Court of Appeal held on May 13, 2009 that public defenders cannot withdraw from representing defendants on the grounds that a conflict of interest exists due to underfunding, excessive caseload, or the prospective …
Article • April 15, 2011
Ninth Circuit: Jury Finding of Excessive Force Entitles Prevailing Party to Award of Attorney’s Fees by A divided Ninth Circuit has affirmed a jury’s award of only nominal damages for a police officer’s use of excessive force, but reversed the district court’s decision to deny costs and attorney’s fees to …
Article • April 15, 2011
California: Renewed Motion for Attorney Fees Properly Denied When Correct Authority Not Diligently Raised by The California Court of Appeal has affirmed the denial of two requests for attorney fees brought by the state of California, two state agencies and three state officials (collectively, the state), after they successfully defended …
Article • April 15, 2011
Reduction of Attorney Fees Affirmed in 2nd Circuit by In a case decided on February 16, 2010, the 2nd Circuit affirmed a district court’s decision to award less than the requested attorney fees in a class action suit filed against Schenectady County, New York. Attorneys in the suit include Elmer …
Article • April 15, 2011
Ex-Prosecutor Wins Award in Wrongful Termination Suit by On January 25, 2010, an ex-deputy prosecuting attorney for Pierce County, Washington, Barbara Corey, won her appeal and was awarded in excess of $2 million in a lawsuit she filed against the County following her forced resignation. Ms. Corey’s complaint accused the …
Article • April 15, 2011
9th Circuit Affirms Reduction in CJA Attorney Fees by On November 10, 2009, the 9th Circuit filed its decision approving a district judges ruling reducing the requested compensation to be paid to an attorney appointed to provide legal representation for an indigent felon pursuant to the Criminal Justice Act (CJA), …
Article • March 15, 2011 • from PLN March, 2011
Safety Concerns of a Prisoner Rights Lawyer by by Jane Kahn As part of the small talk that happens during holiday gatherings and at other events during the year, people ask me what I do. My work involves representing California prisoners with severe mental illness. I am frequently asked whether …
$50,000 Settlement in Suit Alleging CCA Counsel Falsified Court Documents by The District of Columbia paid $50,000 to settle a lawsuit by prisoner George Carter that claimed Corrections Corporation of America (CCA) counsel falsified court orders in his habeas corpus proceeding. While at D.C.’s Central Treatment Facility (CTF) Carter was, …
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 …
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