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Brief • August 19, 2013
Filed under: Evidence, Witnesses
Harrigan v. Marion County et al, OR, Plf Jury Instructions, evidence witness, 2013 Case 6:11-cv-06174-SI Document 54 Filed 08/19/13 Page 1 of 28 Page ID#: 178 J. Ashlee Albies OSB #051846 E-mail: ashlee@civilrightspdx.com Michael Rose, OSB # 753221 E-mail: mrose@civilrightspdx.com CREIGHTON & ROSE, P.C. 500 Yamhill Plaza Building 815 S.W. …
Article • August 15, 2013
NY Prisoner’s Disciplinary Hearing Upheld Against Timeliness and Sufficiency of Evidence Challenges by On October 27, 1991, Michael Colantonio, a New York state prisoner, was found bleeding from a cut on his arm. On November 6, 1991, after a short stay at a special observation unit, Colantino admitted cutting himself …
New York Federal Court Finds Victim's Hearsay Accusation Insufficient in Prison Disciplinary Case; Suit Settles for $67,000 by Matthew Clarke by Matt Clarke A New York federal District Court has held that prison officials were liable for convicting a prisoner in a disciplinary proceeding based solely on a victim's uncorroborated …
Third Circuit: Prison Disciplinary Hearing Officer Must Examine Potentially Exculpatory Evidence by The Third Circuit held, twice in the same case, that it is a due process violation for a prison hearing officer not to examine documentary evidence that a prisoner charged with a disciplinary infraction believes will exonerate him, …
Wisconsin Supreme Court Upholds Disciplinary Result by David Reutter By: David M. Reutter The Supreme Court of Wisconsin held, on December 14, 2010 that a prison guard’s involvement in the investigation in an incident is not “substantial involvement” that violates the due process right to an impartial decision maker in …
$2.3 Million Jury Award in Washington, D.C. Wrongful Parole Revocation Suit by A District of Columbia (D.C.) federal jury has awarded $2.3 million to a former prisoner who spent ten years in prison after his parole was wrongfully revoked based on unreliable hearsay evidence. Charles Singletary was convicted of robbery, …
8th Circuit Court of Appeals Examines Possession in Prison Searches by The 8th Circuit Court of Appeals affirmed a Missouri federal district court’s dismissal of a petition for writ of habeas corpus that alleged denial of due process. Petitioners Carroll James Flowers and Christopher Michael Danner instituted separate actions against …
Utah Private Corrections Center Employees under Federal Indictment for Evidence Tampering by A federal investigation resulted in criminal charges against two employees of a Salt Lake City, Utah corrections center for federal prisoners. A federal probe targeted Cornell Community Corrections Center, a private corporation that contracts to house prisoners who …
Brief • March 5, 2012
State of Maryland v. Brightful et al, MD, Order, Drug Recognition Expert Protocol, 2012 03/05/2012 13:30 From: .A :"~_ #210 P,002/038 I! I Ii ii IN THE CIRCUIT COURT FOR CARROLL COUNTY II Ii 1j ii' I, "" Ii Ii 11 STATE OF MARYLAND v, IIII II II I' I …
California: Prior Conviction for Being a “Felon in Possession of Firearm” Admissible as Evidence in Subsequent Criminal Trials by The California Court of Appeal has held that a prior conviction for being a felon in possession of a firearm is a crime of moral turpitude, and therefore that evidence of …
Article • November 15, 2011 • from PLN November, 2011
BOP Evidence-Handling “Grave Miscarriage of Justice”; Charges Dismissed by Federal Judge by On March 18, 2011, a federal judge in Oregon dismissed criminal charges against a federal prisoner due to mishandling of evidence by the U.S. Bureau of Prisons (BOP). In August 2009, BOP prisoner Jose Sanchez-Arce, 32, and another …
Brief • November 8, 2011
Baird v. Ehlers, WA, Pltff's Motion in Limine, Exclude Evidence of Prior Arrests, 2011 Hon. James L. Robart 1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT OF WESTERN DISTRICT OF WASHINGTON AT SEATTLE 8 9 10 BENJAMIN C. BAIRD, NO. 2:10-cv-01540-JLR 11 12 13 14 15 Plaintiff, …
Brief • September 30, 2011
Filed under: Evidence
Brown et al v. Haddock et al, FL, Plf Res in Opposition of Def Mot for Bifurcation, overlapping evidence, 2011 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PANAMA CITY DIVISION RALPH WALTER BROWN, et al., Plaintiffs, Case No.: 5:10-cv-130-RS v. HON. BOBBY HADDOCK, et al., …
Braswell v. CCA, TN, Def Mot for PO, confidential financial documents, 2011 IN THE FIFTH CIRCUIT COURT FOR DAVIDSON COUNTY, TENNESSEE MARY BRASWELL, as Conservator of ) FRANK D. HORTON, Individually, ) ) Plaintiff, ) ) v. ) CORRECTIONS CORPORATION OF AMERICA, ) ) ) Civil Action Number 09C-3139 Jury …
Article • July 15, 2011
Ninth Circuit: California’s Prop. 115 Not Unconstitutional by Michael Brodheim By Michael Brodheim The Ninth Circuit has held that California’s Proposition 115, known as the Crime Victims Justice Reform Act, does not violate a defendant’s Sixth Amendment right to confront the witnesses against him. Adopted by California voters in 1990, …
Article • July 15, 2011
California: On Remand, Governor Must Consider All Available Information Relating to Current Dangerousness by Michael Brodheim By Michael Brodheim The California Court of Appeal has held that when, on remand after the granting of a petition for writ of habeas corpus, the Governor reconsiders whether or not a life prisoner …
Article • July 15, 2011
Washington Disciplinary Hearing Violates Due Process; Written Submissions Must be Considered by Mark Wilson By Mark Wilson The Washington State Court of Appeals held that a prisoner was deprived of a constitutionally adequate disciplinary hearing when a hearings officer refused to read the documentary evidence he offered. Washington prisoner Allan …
Brief • May 11, 2011
California v. North Side Oakland, CA, Appellants Reply Brief, gang affiliation proof, 2011 JULIA SHERWIN (State Bar No. 189268) MICHAEL J. HADDAD (State Bar No. 189114) GINA ALTOMARE (State Bar No. 273099) HADDAD & SHERWIN 505 Seventeenth Street Oakland, California 94612 Telephone: (510) 452-5500 Fax: (510) 452-5510 Attorneys for Defendant-Appellant …
Article • April 15, 2011
Sixth Circuit: No Sanction for Third-Party Spoilation in Michigan by Matthew Clarke By Matt Clarke On March 21, 2008, a panel of the Sixth Circuit court of appeals held that a defendant could not be sanctioned for third-party spoilation of evidence in a Michigan case involving excessive use of force …
Article • April 15, 2011
Fifth Circuit: "Some Evidence" Not Required To Deny Texas Mandatory Supervision by Matthew Clarke Fifth Circuit: "Some Evidence" Not Required To Deny Texas Mandatory Supervision By Matt Clarke On December 12, 2008, the Fifth Circuit court of appeals held that the "some evidence" standard of Superintendent v. Hill, 472 U.S. …
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