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Article • October 10, 2014 • from PLN October, 2014
New York District Attorney Admits Lying About Acting in Porn Movies by New York District Attorney Admits Lying About Acting in Porn Movies An upstate New York district attorney who lied when questioned during his re-election campaign about being an actor in pornographic movies during the 1970s will not quit, …
Article • September 20, 2014 • from PLN September, 2014
First Circuit Dismisses Appeal of Court’s Failure to Sanction Federal Prosecutor by Matthew Clarke First Circuit Dismisses Appeal of Court’s Failure to Sanction Federal Prosecutor by Matt Clarke On July 22, 2013, the First Circuit Court of Appeals dismissed an appeal by the Massachusetts Bar Counsel challenging the failure of …
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
No Discipline for Oregon Prosecutor and Defense Counsel for Illegal Confinement of Mentally Ill Defendant by Although the Oregon State Bar initially decided to pursue disciplinary charges against the district attorney for Washington County and a criminal defense attorney who represented a mentally ill defendant, for causing the defendant’s illegal …
California: Sexually Violent Predator Entitled to Jury Trial on Petition Seeking Conditional Release by The California Court of Appeal has reversed the denial of a petition for conditional release filed by a sexually violent predator (SVP) who had received a psychological evaluation indicating that conditional release would be in his …
Article • January 15, 2014 • from PLN January, 2014
Hidden Agenda Fuels Challenge to Pivotal Death Penalty Case by David Protess Anthony Porter, the exonerated death row prisoner whose jubilant release from prison in February 1999 was the catalyst for abolishing the death penalty in Illinois, is back in the news after living in relative obscurity for years. A …
Article • September 15, 2013 • from PLN September, 2013
Michigan County Sanctioned for Defrauding Federal Court in Prisoner Death Case by David Reutter by David M. Reutter On April 4, 2012, a Michigan federal district court imposed sanctions against Wayne County for committing fraud and misrepresentation upon the court and opposing counsel in a prisoner’s wrongful death suit. The …
Article • August 15, 2013
Attorney’s Violation of Court’s Limine Order Requires New Trial by The Utah Supreme Court ordered a new trial in a lawsuit that charged negligence on the part of Ogden City and one of its police officers in the death of a woman as a result of a high speed chase. …
California State Bar Recommends District Attorney’s Disbarment by Christopher Zoukis The State Bar of California has recommended the disbarment of Del Norte County District Attorney Jon Michael Alexander, 64, who was deemed “not eligible to practice law” until the California Supreme Court makes a final decision in his case. In …
Article • April 15, 2013
Delaware Supreme Court Reverses Lawyer "Fast One" by Delaware Supreme Court Reverses Lawyer "Fast One" The Supreme Court of Delaware reversed and remanded in July 2012 the lower court’s order denying motion to vacate judgment in a case involving one lawyer’s “manipulation of court processes” to prevail over another lawyer. …
Dismissal for Inability to Pay Monetary Sanctions Reversed by The Seventh Circuit Court of Appeals reversed the dismissal for failure to pay a $9,055.14 attorney fee sanction against an indigent Plaintiff. Bruce A. Williams brought federal suit against four Illinois police officers for false arrest and excessive force. He alleged …
Article • March 15, 2013
California: Confidential Lifer Files Found Discarded in Dumpster Outside Prison by Mysteriously, the files of eight California prisoners serving life sentences turned up in a dumpster at a Shell gas station outside the California Men’s Colony (CMC) in San Luis Obispo. The files were found by a homeless couple looking …
Article • February 15, 2013 • from PLN February, 2013
Supreme Court Extends Qualified Immunity to Private Attorney by The U.S. Supreme Court has extended qualified immunity to a private lawyer who was retained by a city to serve as an internal affairs investigator. In August 2006, Rialto, California firefighter Nicholas Delia became ill while responding to a fire. His …
Supreme Court Adopts Strickland Prejudice Standard for Rejected Plea Bargains by Derek Gilna The U.S. Supreme Court, in a 5-4 ruling, has extended Strickland guarantees of effective legal representation to defendants entering into plea bargains. According to Justice Anthony Kennedy, who delivered the majority opinion of the Court, “The reality …
Texas Supreme Court Rules Compensation Required in Schlup-type Innocence Cases by Matthew Clarke by Matt Clarke On May 18, 2012, the Supreme Court of Texas held that a former prisoner whose murder conviction was reversed due to ineffective assistance of counsel after he proved that he was likely actually innocent …
California: Del Norte County DA Described as “Idiotic” by Attorney Jon Michael Alexander, 63, has been a meth addict. He’s spent time in jail, he’s been homeless, he’s contemplated suicide, he’s been suspended by the State Bar several times, he’s been investigated by the FBI and is presently awaiting the …
Habeas Hints: 2012 Supreme Court Habeas Highlights: Plea Bargaining Cases by Kent A. Russell by Kent Russell This column provides “habeas hints” to prisoners who are considering or handling habeas corpus petitions as their own attorneys (“in pro per”). The focus of the column is on “AEDPA” (Antiterrorism and Effective …
Article • September 15, 2012 • from PLN September, 2012
Attorney Who Brought Reporter into Prison Cleared of Ethical Violations by A Kansas lawyer who took an investigative reporter into the Topeka Correctional Facility (TCF), a women’s prison, has had the cloud of a pending ethics complaint lifted after two years. The complaint was filed with the Kansas Board for …
Mississippi Supreme Court Denies Equity Court Review of Death Penalty Cases by Derek Gilna By Derek Gilna The complaint of sixteen death-row inmates in Mississippi which sought Chancery Court review of the adequacy of their legal representation has been denied by the Mississippi Supreme Court for lack of jurisdiction based …
Article • May 15, 2012
New York Attorney Malpractice Nets $250,000 Default Judgment by A New York federal court awarded a $250,000 default judgment against a lawyer who caused the dismissal of a client's case. Charles Robinson retained lawyer Campbell Holder to represent him in a New York state action against his former employer, Metro-North …
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