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Article • May 15, 2007
Shackling Prisoner Witnesses at Trial Discussed by The Ninth Circuit Court of Appeal held a defense witness may be shackled at a jury trial, and a defendant must request lesser alternatives to shackling or curative instructions to the jury to not consider the shackling for the Court to consider prejudice …
Article • May 15, 2007
Filed under: Civil Procedure, Witnesses
US Supreme Court Holds That Witness Immunity Applies to All Witnesses. by The US Supreme Court held that all witnesses, governmental or private, that are an integral part of a judicial process in criminal or civil cases, have absolute immunity from subsequent damage liabilities and from suit. The Supreme Court …
Arkansas Beating Suit Wrongly Dismissed When Court Won't Call Witnesses by The U.S. Court of Appeals for the Eighth Circuit held that a district court had erred in not considering a prisoner's request to call witnesses. A prisoner filed a civil rights suit against the Arkansas Department of Corrections, for …
Article • May 15, 2007
WA S.Ct. Holds Prisoner Witnesses Should Not Appear in Court in Prison Clothes or Shackles by WA S.Ct. Holds Prisoner Witnesses Should Not Appear in Court in Prison Clothes or Shackles The Washington state Supreme Court held that prisoner witnesses should not appear before a jury in prison clothing, given …
Article • May 15, 2007
No Subpoenas for Indigent Litigants by The court of appeals for the Ninth circuit affirmed the dismissal of an Oregon prisoner's 42 U.S.C. Section 1983 action alleging claims against a prison guard, who did not honor a subpoena, and an assistant attorney general, who advised the guard the subpoena did …
Article • May 15, 2007
Lawyers Must be Allowed Access to Indigent Interrogatees by The following decision was stayed, appeal was expedited, and the decision was promptly reversed on the merits in a highly instructive opinion by Judge Easterbrook. 319 F.3d 967 (7th Cir. 2003). Chicago has a legal aid agency created specifically to provide …
Article • May 15, 2007
Under "Compelling Circumstances" Government Must Issue Subpoenas for Free by Under "Compelling Circumstances" Government Must Issue Subpoenas for Free The Eighth Circuit Court of Appeals, sitting en banc, held that the United States may be compelled to pay fees and expenses of witnesses subpoenaed by indigent civil litigants in cases …
Article • May 15, 2007
Court Not Obligated to Pay Indigent Prisoner's Witness Fees by The U.S. Court of Appeals for the Sixth Circuit held that an indigent prisoner pursuing a civil rights action was responsible for his own witness fees. Willard Johnson brought an in forma pauperis (IFP) civil rights action against two psychiatrists …
Article • May 15, 2007
Court Appearance Governed by Fundamental Fairness by A Michigan prisoner appealed the trial court's denial of his petition for writ of habeas corpus ad testificandum and his motion for leave to testify by deposition which effectively foreclosed him from obtaining a divorce. In Michigan, a judgment of divorce may not …
Article • May 15, 2007
Broader than Necessary Jury Instruction Requires Reversal in Prisoner's First Amendment Violation by Broader than Necessary Jury Instruction Requires Reversal in Prisoner's First Amendment Violation Claim The Fourth Circuit Court of Appeals held that it was a reversible error to give a jury instruction requiring that any prison restriction be …
Hearsay Testimony of Prison Officials Found Inadmissible in Criminal Prosecution and Probation Revocation by Hearsay Testimony of Prison Officials Found Inadmissible in Criminal Prosecution and Probation Revocation The Third Circuit Court of Appeals held that prison officials' testimony in the prosecution of a prisoner was inadmissible hearsay and that it …
Adams v. CCA, CO, Exhibits Part 1 Plfs Interviews, Prisoner Riot, 2004 EXHIBIT C_ Part one PARTIAL LIST OIG/CCA INTERVIEWS OF PLAINTIFFS Name Bate Number Sean Andrews Kevin Drum Tommy Romero Carl Yens Jared Adams Oto Fanoali (Fanoali Oto) Roy Gibbens Jay Silva Gerard Glieforst Jeremy Willison Brian Skinner Robert …
New Trial Ordered in Washington Strip Cell Conditions Suit by The Ninth circuit court of appeals has reversed for a new trial a Washington state prisoner's claim that he was placed in barbaric strip cell conditions for ten days because the district court allowed prejudicial hearsay testimony to be admitted …
Article • December 15, 2003
Warden's False testimony at Death Sentence Hearing Okay by The petitioner was convicted of murdering another prisoner and was sentenced to death. At the penalty phase, the warden testified that he thought a death sentence had "quite an effect" on the prison population and a life sentence had "very little …
Brief • July 17, 2003
Gregory v. City of Louisville, KY, Katsaris Deposition Pt II, 2003 Katsaris Deposition, Part 1 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY LOUISVILLE DIVISION CASE NO. 3:01-CV-535-R WILLIAM THOMAS GREGORY, Plaintiff, vs. VOLUME 1 PAGES 1 - 208 CITY OF LOUISVILLE, et al, Defendants. ______________________________ DEPOSITION OF: W. KEN …
Deposition Testimony Not Hearsay; Expert Must Satisfy Daubert in BOP Van Accident by The Seventh Circuit Court of Appeals held that a district court erred in failing to make findings of fact on critical issues, excluding the deposition testimony of a prisoner as hearsay, and in failing to conduct a …
U.S. v. Lavallee, CO, Opinion, Prison Conditions, 2003 U.S. v. Lavallee, 61 Fed.Appx. 631 (2003) 61 Fed.Appx. 631 This case was not selected for publication in the Federal Reporter. Not for Publication in West’s Federal Reporter See Fed. Rule of Appellate Procedure 32.1 generally governing citation of judicial decisions issued …
New Trial Ordered in Excessive Use of Force Suit by A federal district court in New York has ordered a new trial in a civil rights excessive use of force suit. Prisoner Milton Ruffin filed suit against Sullivan Correctional Facility guard Van Fuller for an incident which occurred on October …
Article • December 15, 2001 • from PLN December, 2001
Prison Guard Sentenced in Escape Plot by Willie Wisely Erik Jacobs, 31, a former guard at Ely State Prison in Nevada was sentenced to one year in jail and fined $2,000 for helping a prisoner plan an escape. Jacobs was sentenced in March, 2001, by White Pine District Judge Dan …
New Trial Ordered in Excessive Use of Force Suit by A federal district court in New York has ordered a new trial in a civil rights excessive use of force suit. Prisoner Milton Ruffin filed suit against Sullivan Correctional Facility guard Van Fuller for an incident that occurred on October …
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