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Article • March 15, 2009 • from PLN March, 2009
In the Shadow of San Quentin: An Interview with Prison Law Office Director Donald Specter by Todd Matthews In the Shadow of San Quentin: An Interview with Prison Law Office Director Donald Specter by Todd Matthews If any one of the dozen attorneys working at the Prison Law Office ever …
Texas Parole Officials Caught Lying to Federal Court With Impunity by A Texas federal court has dismissed as moot a parolee’s challenge to parole restrictions which prevented him from having unsupervised contact with his son. During the course of the litigation, parole officials repeatedly misled the court. Gerald Grant, a …
Ted Stevens' Charges Dropped: A Tale of Two Justice Systems by Joshua Holland By Joshua Holland, AlterNet Posted on April 1, 2009, Printed on April 1, 2009 Editor's note: this originally appeared on AlterNet's blog, PEEK. It's immaterial that former Alaska senator Ted Stevens was a loathsome, quasi-corrupt slug of …
Article • February 15, 2009
Nevada Seeks Non Judicial, Independent Appointment of Public Defenders by The Nevada Supreme Court ordered the creation of an Indigent Defense Commission (IDC) in 2007 to study and make suggestions regarding concerns for the selection, appointment, compensation, qualifications, performance standards and caseloads of public defenders. The Public Defender's Office was …
Sixth Circuit Outlines Exceptions to Heck Favorable-Termination Doctrine by Sixth Circuit Outlines Exceptions to Heck Favorable-Termination Doctrine The Sixth Circuit Court of Appeals has held the favorable-termination doctrine does not apply to 42 U.S.C. § 1983 actions brought by prisoners who were foreclosed from challenging their incarceration in a habeas …
Article • February 15, 2009 • from PLN February, 2009
Pennsylvania Prisoner Appointed Counsel on Retaliation / MRSA Infection Claims by Pennsylvania Prisoner Appointed Counsel on Retaliation / MRSA Infection Claims A Pennsylvania federal district court appointed counsel to a prisoner in a lawsuit claiming he contracted a serious infection and faced retaliation after filing grievances about his medical condition. …
Article • February 15, 2009
Montana Detention Center May Not House Out Of State, Federal Prisoners by Montana Attorney General Mike McGrath, upon request of Hardin City Attorney Rebecca Convery, issued an opinion that detention center officials lack the authority to contractually house out of state and federal prisoners. A reportedly $20 million detention center …
Nassau County Attorney's Representation Of Assistant D.A. Terminated For Suspicion by Nassau County (New York) and District Attorney Dennis Dillon appealed an order granting reimbursement for private counsel obtained by Assistant District Attorney Marie Salem in a 42 U.S.C. § 1983 defamation suit. The County also appealed a protective order …
Ohio Settles Actual Innocence Claim For $1,500,000 by Ohio and Ohio prosecuting officials settled a wrongful incarceration lawsuit by agreeing to pay $1,500,000 to a man who was imprisoned for 26 years after his conviction for a robbery and murder he did not commit. Gary James, 55, and his friend …
Brief • January 30, 2009
Heston v. Salinas, CA , Order, taser death attorney fees, 2009 Case 5:05-cv-03658-JW Document 401 Filed 01/30/2009 Page 1 of 13 1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT 8 FOR THE NORTHERN DISTRICT OF CALIFORNIA 9 SAN JOSE DIVISION Betty Lou Heston, et al., …
Article • January 15, 2009 • from PLN January, 2009
$3,540,402.22 Jury Award In California Wrongful Conviction Case by A California federal jury awarded $2 million to a man imprisoned 12 years for a rape/robbery he did not commit. The court also awarded him $1,368,834 in attorney fees, $6,500 in fees on fees, and $165,067.22 in costs (including $40,363.35 in …
Second Circuit Recognizes Attorney-Client Privilege in Prisoner’s Journal in Prosecution of Rapist Guard by Second Circuit Recognizes Attorney-Client Privilege in Prisoner’s Journal in Prosecution of Rapist Guard The Second Circuit Court of Appeals held that a female prisoner did not waive attorney-client privilege with respect to certain writings in her …
Ex-Con Exposed – Had Posed as a Lawyer by John Dannenberg by John E. Dannenberg A former prisoner who posed as an attorney in at least 16 cases in ten federal courts since 2004 has admitted to a federal judge that he is not a lawyer and didn’t graduate from …
Article • January 15, 2009
Illinois Prisoner Awarded Attorney Fees After Egregious DOC Records Denial by Bob Williams By: Bob Williams Illinois State prisoner William Callinan appealed a court denial for the award of attorney fees and costs after successfully litigating against records denial and excessive copying fees by the State Department of Corrections (DOC) …
Article • January 15, 2009
Denial of Counsel in Civil Case Prejudicial; Court Outlines Standard for Appointment by by David M. Reutter In an en banc decision, the Seventh Circuit U.S. Court of Appeals set standards for a district court to consider when a pro se litigant in a civil case requests appointment of counsel. …
Article • January 15, 2009
No Right to Appointed Counsel In Washington Marriage Dissolution Proceeding by Washington State resident Brenda King appealed the denial of state funded counsel in a child custody based dissolution of marriage proceeding. The court affirmed the denial holding that no right to free counsel existed in a dissolution proceeding. Brenda …
PLN Attorneys Awarded $137,672 for Post-Settlement Work in CDCR Censorship Case by John Dannenberg PLN Attorneys Awarded $137,672 for Post-Settlement Work in CDCR Censorship Case by John E. Dannenberg On April 10, 2008, the U.S. District Court for the Northern District of California awarded $137,672 in supplemental legal fees and …
BOP Agrees to Pay $90,000 in Attorney’s Fees and Costs in Suit Over Constitutionality of Byline Regulation by BOP Agrees to Pay $90,000 in Attorney’s Fees and Costs in Suit Over Constitutionality of Byline Regulation On December 17, 2007, the Bureau of Prisons (BOP) agreed to pay $90,000 in attorney’s …
Article • December 15, 2008 • from PLN December, 2008
Filed under: Attorneys, Attorney Client
Strip Search Policy E-mails Were Attorney-Client Communications, but Privilege Is Waived by Strip Search Policy E-mails Were Attorney-Client Communications, but Privilege Is Waived The Court of Appeals for the Second Circuit has granted a writ of mandamus, directing a lower court to vacate an order compelling production of communications protected …
EAJA Permits Recovery of Fees for Paralegal Services at Market Rates, US Supreme Court Holds by EAJA Permits Recovery of Fees for Paralegal Services at Market Rates, US Supreme Court Holds The Equal Access to Justice Act (EAJA) authorized prevailing parties to obtain reimbursement of fees expended on paralegal services …
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