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Article • October 19, 2015
Filed under: Appeals, Death Row
Oklahoma Death Row Prisoners Lose Appeal by Oklahoma Death Row Prisoners Lose Appeal The Oklahoma Supreme Court, on April 23, 2014, affirmed in part, reversed in part, and dissolved a stay of execution shielding two condemned prisoners from a death by lethal injection sentence. Appellants Clayton Lockett and Charles Warner …
Article • October 16, 2015
Nevada Jury Improperly Shown “GUILTY” Stamped Booking Photo by Nevada Jury Improperly Shown “GUILTY” Stamped Booking Photo On November 27, 2013, the Nevada Supreme Court reversed a Las Vegas man’s 2011 convictions and remanded the case for a new trial, holding that a PowerPoint slide showing his face with the …
Article • October 15, 2015
No Risk of Self-Representation Colloquy Invalidates Oregon Conviction by No Risk of Self-Representation Colloquy Invalidates Oregon Conviction On July 23, 2014, the Oregon Court of Appeals reversed an Oregon woman’s convictions, finding that she did not understand the risks of self-representation. Christina Todd was charged with twelve prostitution-related offenses. By …
Article • October 13, 2015
Prosecutor PowerPoint: “Silence = Guilt” Vacates Oregon Murder Conviction by Prosecutor PowerPoint: “Silence = Guilt” Vacates Oregon Murder Conviction On October 15, 2014, the Oregon Court of Appeals vacated a murder conviction, holding that a prosecutor’s PowerPoint presentation impermissibly commented on a Defendant’s invocation of his right to remain silent. …
Article • October 6, 2015
Minnesota Attorney Fee Awarded Upheld by Minnesota Attorney Fee Awarded Upheld On September 24, 2012, a district court granted a motion to suppress a gun, filed by Artiase Dvon Williams. The state appealed the order. The court of appeals reversed. Williams’ attorney filed a motion for attorney fees, requesting $120.00 …
Temple v. State, Ex Parte granting new trial, TX, appeal wrongful conviction, 2015 No. 1008763-A IN THE 178TH DISTRICT COURT OF HARRIS COUNTY, TEXAS EX PARTE DAVID MARK TEMPLE FINDINGS OF FACT AND COUCLUSIONS OF LAW INTRODUCTION; The defendant was convicted by a jury of the murder of his wife, …
Article • July 2, 2015
Filed under: Appeals, Juries, Trials
11th Circuit: Objection to Sleeping Juror Must be Contemporaneous by 11th Circuit: Objection to Sleeping Juror Must be Contemporaneous The Eleventh Circuit Court of Appeals upheld a district court’s order denying a new trial based on a sleeping juror because there was not a contemporaneous objection. Florida prisoner Darrel Cummings …
Article • June 3, 2015 • from PLN June, 2015
Ninth Circuit: PLRA Fee Cap Inapplicable to Fees on Appeal by Ninth Circuit: PLRA Fee Cap Inapplicable to Fees on Appeal by Mark Wilson The Ninth Circuit Court of Appeals held that the attorney fee cap provision of the Prison Litigation Reform Act (PLRA) does not apply to fees incurred …
Brief • October 24, 2014
Filed under: Appeals
Himmelreich v. Federal Bureau of Prisons, et al, 6th Cir, Petition for Rehearing en Banc, appeal, 2014 Case: 13-4212 Document: 31 Filed: 10/24/2014 Page: 1 No. 13-4212 IN THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT ________________ WALTER J. HIMMELREICH, Plaintiff-Appellant v. FEDERAL BUREAU OF PRISONS, et al., …
Article • October 10, 2014 • from PLN October, 2014
Filed under: Appeals, Limitations
Seventh Circuit Extends Appeal Filing Deadline for Prisoner Misled by Court Clerk by Matthew Clarke Seventh Circuit Extends Appeal Filing Deadline for Prisoner Misled by Court Clerk by Matt Clarke In a well-crafted opinion delivered on August 8, 2013, the Seventh Circuit Court of Appeals held that a prisoner who …
Article • October 5, 2014
Compliance with Court Order Cannot Support Dismissal of Lack of Prosecution by Compliance with Court Order Cannot Support Dismissal of Lack of Prosecution   The Nebraska Supreme Court has reversed the dismissal of a prisoner’s civil action for lack of prosecution. In doing so, the court held the district court …
Article • October 5, 2014
Filed under: Appeals, Sentencing
Fifth Circuit Holds Law Settled During Appeal May Be Used As Clear Error by Fifth Circuit Holds Law Settled During Appeal May Be Used As Clear Error   The Fifth Circuit Court of Appeals held that law that becomes settled while an appeal is pending may be used as a …
Article • July 11, 2014 • from PLN July, 2014
Seventh Circuit Reverses Summary Judgment in Dental Care Suit by David Reutter Seventh Circuit Reverses Summary Judgment in Dental Care Suit by David M. Reutter On July 19, 2013, the Seventh Circuit Court of Appeals reversed a grant of summary judgment to three defendants, holding there was sufficient evidence for …
Hall v. Arneson, 9th Cir., MSJ Appeal - False Imprisonment (2014) No. 13-56441 THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT HAROLD C. HALL, Plaintiff and Appellant, v. MARK ARNESON and KENNETH CROCKER, Defendants and Appellees. C.D. Cal. No. CV 05-1977 ABC Appeal from an Order Granting Summary …
Nebraska County Attorney’s Conviction Reversed for Theft from Pretrial Diversion Program by David Reutter Nebraska County Attorney’s Conviction Reversed for Theft from Pretrial Diversion Program by David M. Reutter The Nebraska Supreme Court has reversed the theft conviction of a county prosecutor who stole funds from a pretrial diversion program …
Article • April 15, 2014 • from PLN April, 2014
Filed under: Appeals, Booking Fees
California Supreme Court: Challenge to Booking Fee Order Forfeited Due to Failure to Object in Trial Court by On April 22, 2013, the Supreme Court of California, resolving a conflict among lower state courts, held that a defendant who fails to contest a jail booking fee order when it is …
Article • February 15, 2014 • from PLN February, 2014
Filed under: Civil Procedure, Appeals
What Are the Odds of Complete Reversal After Conviction in the Second Circuit? by Peter Schmidt by Richard Levitt and Peter Schmidt A potential client asks an attorney the odds of completely overturning his federal trial conviction on appeal. If the attorney is experienced in the ways of appellate advocacy …
Article • January 15, 2014 • from PLN January, 2014
Tenth Circuit: FRAP 4(b) Clock Commences Upon Entry in Public Docket by The Tenth Circuit Court of Appeals held that a judgment must be entered on a district court’s publicly accessible criminal docket to commence the 14-day time limit in which a defendant may file a notice of appeal. Francisco …
Brief • July 3, 2013
Ali v. Taylor, 10th Cir, Order and Judgment, appeals segregation good time credit, 2013
Article • June 15, 2013 • from PLN June, 2013
Oregon Rape Victim's Rights Clash with Rights of Accused Rapist by The Oregon Supreme Court, sitting en banc, has dismissed a rape victim's interlocutory appeal of a trial court's order allowing her accused rapist to review her Internet search history on her personal computer as part of his defense. In …
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