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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 …
Virginia Federal Court: Over 47 Hours in by Virginia Federal Court: Over 47 Hours in Five-Point Restraint Unconstitutional by Matthew T. Clarke A federal court in Virginia held that prison officials violated a prisoner's constitutional rights when they strapped his ankles, wrists and chest to a bed for over 67 …
Brief • October 17, 2005
Griffith v. Weisner et al, NC, Petition to Sue, public records denial indigent leashing prisoners, 2005
Article • October 15, 2005
Washington: County Pre-Trial Services Blew $400,000 In 2003 by In 2003, Pierce County, Washington's bloated Pre-Trial Services (PTS) wasted $400,000--nearly half of its 2004 budget of $809,000, according to a preliminary county audit. A division of the Sheriff Department's Corrections Bureau, PTS decides which criminal defendants are eligible for court …
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 …
Article • August 15, 2005 • from PLN August, 2005
$99,981 In Fees Awarded For Successful Massachusetts Court Access Suit by Michael Rigby In a strongly worded opinion chastising Massachusetts officials for over 1itigating a case in which a prisoner's constitutional right of access to courts was clearly violated, a federal district court awarded attorneys' fees and costs of $99,981 …
U.S. Supreme Court: Michigan Appellate Attorneys Have by U.S. Supreme Court: Michigan Appellate Attorneys Have No Third Party Standing To Sue For Rights Of Future Unrepresented Prisoners by John E. Dannenberg The U.S. Supreme Court, sidestepping the important question of the constitutionality of a Michigan state law that prohibited appointment …
Article • August 15, 2005 • from PLN August, 2005
Florida's Law Libraries Provide Adequate Access to Courts Under State's Constitution by David Reutter Florida's Law Libraries Provide Adequate Access to Courts Under State's Constitution By David M. Reutter Florida's First District Court of Appeal has held that Article I, § 21 of the Florida constitution requires the Florida Department …
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 • June 15, 2005 • from PLN June, 2005
Battle Over Judicial Secrecy Continues by by Michael Rigby As the trend towards secrecy in the U.S. judiciary continues to grow, so does the constitutional debate over such practices as sealing cases, hiding proceedings, and conducting clandestine searches. Recent decisions by the D.C. and Second Circuits have been favorable, but …
New Jersey County Settles With Imprisoned Deaf Man For $175,000 by On November 20, 2003, Mercer County, New Jersey, agreed to pay $175,000 to a deaf man who was imprisoned at the Mercer County Detention Center (MCDC) without appropriate accommodations and appeared before a county court without an interpreter. The …
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 …
Ninth Circuit: "Chilling Effect" Not Required To Establish First Amendment Violation by Marvin Mentor Ninth Circuit: "Chilling Effect" Not Required To Establish First Amendment Violation by Marvin Mentor The Ninth Circuit U.S. Court of Appeals dealt with the following conundrum: does a prisoner who exhaustively fights purported violations of his …
Article • January 15, 2005 • from PLN January, 2005
Texas Supreme Court clarifies Procedures For Civil Court Prisoner Appearances by Texas Supreme Court Clarifies Procedures For Civil Court Prisoner Appearances by Matthew T. Clarke The Supreme Court of Texas recently clarified the procedures a prisoner must follow to secure the right to personally appear in a civil court proceeding. …
Article • January 15, 2005 • from PLN January, 2005
Illinois ETS Injury Claim Allowed To Proceed; Out-of-State Legal Materials Ordered Provided by John E Dannenberg by John K Dannenberg Resolving two distinct complaints of an Illinois state prisoner, the Seventh Circuit U.S. Court of Appeals ruled that (1) where injury from ETS [second-hand cigarette smoke] was alleged at one …
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