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Article • April 15, 2007 • from PLN April, 2007
Washington State Supreme Court Justice Reprimanded For Visiting Prisoners by Citing an ?appearance of partiality,? a nine-member substitute special panel of the Washington State Supreme Court admonished Justice Richard B. Sanders for his having visited McNeil Island Special Commitment Center in 2003 where he spoke with sexually violent predator prisoners …
Article • March 15, 2007 • from PLN March, 2007
Fahrenheit 451 on Cell Block D by John Dannenberg [Certified Jailhouse Lawyer Program Proposed] By Evan R. Seamone, Esq., Reprinted from Yale Law & Policy Review, Vol. 24, No. 1 (2006), pp. 91-147. Reviewed by John E. Dannenberg Attorney Evan R. Seamone wants to promote justice by raising the stature …
Article • February 15, 2007 • from PLN February, 2007
North Carolina Jail Prisoner Killed During Court Appearance by Gary Hunter Willie Forrest, 37, was fatally shot by a Northampton sheriff?s deputy, after he grabbed another deputy?s gun and fired two shots. Forrest, who had a history of courtroom violence, was standing trial, on Wednesday July 12, 2006, for three …
Tenth Circuit Reinstates Colorado Ad Seg Conditions Claims by Bob Williams The United States Court of Appeals for the Tenth Circuit has reversed a Colorado state prisoner?s administrative segregation (Ad Seg) conditions of confinement claims which were dismissed as frivolous by the United States District Court for the District of …
Sixth Circuit Upholds $34,000 Retaliation Verdict; New Trial & No Recusal Not Abuse of Discretion by The Sixth Circuit Court of Appeals affirmed a lower court's order granting a new damages trial on a prisoner's retaliation claim. The appellate court also upheld the district judge's refusal to recuse himself. Ernest …
Article • December 15, 2006 • from PLN December, 2006
Florida Judge's Brother Receives Medical Furlough, Recuperates at Home by Florida Judge's Brother Receives Medical Furlough, Recuperates at Home The Florida Department of Corrections (FDOC) has sent one of its prison doctors to review if a prisoner should return to prison to heal from heart surgery. The prisoners connections have …
Court Invalidates BOP Prisoners' UCC Liens Against Judges and Officials by A Virginia federal district court has entered a permanent injunction against two federal prisoners who filed liens under the Uniform Commercial Code (UCC) against judges and prison officials. The United States government brought this action against Lorenzo Grade Martin …
Brief • December 1, 2006
Filed under: Court Access, Docket Sheets
Jordan v. Hood, Co, Civil Docket, 2006 U.S. District Court District of Colorado (Denver) CIVIL DOCKET FOR CASE #: 1:03−cv−02320−PSF−MJW Jordan v. Hood, et al Assigned to: Judge Phillip S. Figa Referred to: Magistrate Judge Michael J. Watanabe Demand: $2,000 Cause: 42:1983 Prisoner Civil Rights Plaintiff Mark Jordan TERMED Date …
Successor Judge Needs Compelling Reason to Reopen Prior Judges Ruling by Successor Judge Needs Compelling Reason to Reopen Prior Judge's Ruling The Seventh Circuit Court of Appeals has held that a successor judge did not have record support to reopen another judge's decision that a prisoner's suit was not barred …
Legal Research Prohibition Upon Contract Attorney Denies Adequate Court Access by David Reutter by David M. Reutter An Iowa federal district court has held that the legal assistance program at Iowas Anamosa State Penitentiary (ASP) was an unconstitutional impediment to a prisoners access to the court because it did not …
Article • June 15, 2006 • from PLN June, 2006
Maryland ALJ Faults Arbitrary Transfer/Medical Order Violation by A Maryland Administration Law Judge (ALJ) held that the Maryland Division of Correction (MDOC) violated a Settlement Agreement and acted arbitrarily, capriciously and in violation of law by transferring a prisoner. The ALJ also found the refusal to provide ordered medical devices …
Article • April 15, 2006 • from PLN April, 2006
Appointment of Counsel Satisfies Access to Courts Requirement by The Second Circuit Court of Appeals held that the appointment of counsel is a valid means of fully satisfying a state constitutional obligation to provide prisoners, including pretrial detainees, with access to the courts[.] The court also held that constitutionally acceptable …
Repercussions from Georgia Courthouse Escape, Shootings Continue by Inadequate security, which had existed for years at Georgia's Fulton County Courthouse, as well as lapses by Sheriff's deputies, are being blamed for the deadly March 11, 2005 escape of Brian Nichols. PLN has previously reported on the many problems afflicting the …
Article • March 15, 2006 • from PLN March, 2006
Texas Prisoners Again Have Limited Right to Appear in Civil Cases by by Matthew T. Clarke In a well-reasoned opinion with copious citations, a Texas court of appeals held that Texas prisoners have a limited right to appear in civil cases even if they cannot justify a personal appearance. C.J., …
Article • March 15, 2006 • from PLN March, 2006
Florida DOC's Copy Cost Assessment Rule Declared Invalid by David Reutter by David M. Reutter Florida's First District Court of Appeal has held the Florida Department of Corrections (FDOC) does not have legislative authority to support its rule regarding the amount prisoners are charged for photographic copying services, authorizing deductions …
Article • February 15, 2006 • from PLN February, 2006
U.S. Supreme Court: Faretta Does Not Establish Right Of Pro Se Defendant to Law Library Access by U.S. Supreme Court: Faretta Does Not Establish Right Of Pro Se Defendant to Law Library Access In a per curiam ruling, the U.S. Supreme Court reversed the Ninth Circuit's grant of habeas relief …
Article • December 15, 2005 • from PLN December, 2005
Filed under: Court Access, Judiciary
Supreme Court Justice Clarence Thomas Accepts by Supreme Court Justice Clarence Thomas Accepts Gifts Worth Thousands by Michael Rigby Justice Clarence Thomas is the Supreme Court's poorest member -- he's also its most prolific gift taker. From 1998 through 2003, Thomas accepted $42,200 worth of cash, antiques, clothes and other …
Controversial Ex-Prison Official Lane McCotter Appointed Utah J.P. by Lane McCotter, once the director of the Utah Department of Corrections, has been appointed to a justice of the peace bench in Utah. The McCotter era remains a high-point of prison violence in Utah's history cumulating in the death of a …
Article • November 15, 2005 • from PLN November, 2005
Supreme Court Holds Penalty Phase by Supreme Court Holds Penalty Phase Shackling Violates the Due Process In a 7-to-2 decision that Justices Thomas and Scalia criticized as shunning common sense and risk[ing] the lives of courtroom personnel, with little corresponding benefit to defendants," the United States Supreme Court held that …
Article • November 15, 2005 • from PLN November, 2005
Mississippi Juvenile Legal Access Class Action Settled by On January 12, 2005, Mississippi settled a class action suit challenging a policy at the Colombia Training School (CTS) which severely limited residents' access to legal counsel. CTS is a co-ed juvenile detention facility in Mississippi. The residents range in age from …
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