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Article • November 16, 2015
No Abuse of Discretion in Denying Defendant’s Plea Withdrawal and Sentencing by No Abuse of Discretion in Denying Defendant’s Plea Withdrawal and Sentencing The United States Court of Appeals for the First Circuit has held that a lower court did not abuse its discretion in sentencing a prisoner based on …
Article • November 13, 2015
Filed under: Death Penalty
Missouri AG Calls for Return of Gas Chamber by Missouri AG Calls for Return of Gas Chamber “The Missouri death penalty statute has been, in my opinion, unnecessarily entangled in the courts for over a decade,” complained Missouri Attorney General Chris Koster, expressing his frustration over the Missouri Supreme Court’s …
Article • November 13, 2015
Florida Woman States Claim Against Man Running “Mug Shot” Websites for Advertising and Profit by Florida Woman States Claim Against Man Running “Mug Shot” Websites for Advertising and Profit The U.S. District Court for the Middle District of Florida has denied a defendant’s motion to dismiss Shannon Bilotta’s suit in …
Article • November 13, 2015
Filed under: Overdetention, Immigration
Oregon Immigration Court Second Slowest in Nation; 80 Percent Slower Than 2008 by Mark Wilson Oregon Immigration Court Second Slowest in Nation; 80 Percent Slower Than 2008 by Mark Wilson The national average to resolve an immigration case is 898 days, according to a Syracuse University statistical research group. Oregon’s …
Article • November 13, 2015
Filed under: Evidentiary Ruling, Appeals
Oregon Conviction Tainted by Detective’s claimed Ability to Detect Lies by Mark Wilson Oregon Conviction Tainted by Detective’s claimed Ability to Detect Lies by Mark Wilson On November 26, 2013, the Oregon Court of Appeals reversed a drug conviction, holding that a jury was unfairly prejudiced by a detective’s claim …
Article • November 13, 2015
Filed under: JPay, Inc., Trust Accounts
State Prison Systems Privatizing Prisoner Accounts for Commissions by State Prison Systems Privatizing Prisoner Accounts for Commissions by David M. Reutter Three state prison systems have relinquished control of their prisoner trust accounts to a private company. The contracts provide for fees on deposits and “commissions” on each transaction for …
Article • November 13, 2015
Federal Court Improperly Defers Judgment, Allows Discovery on Qualified Immunity Defense by Federal Court Improperly Defers Judgment, Allows Discovery on Qualified Immunity Defense The Fifth Circuit Court of Appeals has held that a lower court incorrectly deferred judgment on the defendants’ motion seeking qualified immunity and improperly allowed limited discovery. …
Article • November 13, 2015
Reclassification of Sex offender Status Requested by Reclassification of Sex offender Status Requested William Clay filed a motion with the Miami County Court of Common Pleas for reclassification of his sex offender status after the Supreme Court of Ohio ruled it unconstitutional to apply Ohio’s Adam Walsh Law to defendants …
Article • November 13, 2015
Ninth Circuit Vacates Involuntary Medication Order for Sell Violations by Ninth Circuit Vacates Involuntary Medication Order for Sell Violations On May 7, 2014, the Ninth Circuit Court of Appeals vacated an involuntary medication order to restore a criminal defendant’s competency to stand trial, finding that it violated Sell v. United …
Article • November 13, 2015
Female Prison Guard Shop Steward Appeals PERC Ruling by Female Prison Guard Shop Steward Appeals PERC Ruling A Washington state court of appeals considered a decision by the Public Employment Relations Commission (PERC) on whether an agency has erroneously interpreted or applied the law, or whether an agency order is …
Article • November 13, 2015
Federal Court Dismisses Woman’s Suit Due to Statute of Limitations by Federal Court Dismisses Woman’s Suit Due to Statute of Limitations The United States Court of Appeals for the First Circuit has affirmed the dismissal of a Puerto Rican woman’s suit for her failure to file suit within one year …
Article • November 13, 2015
Denial to Oregon’s Alternative to Incarceration Program No Longer Requires “Substantial and Compelling Reasons” by Denial to Oregon’s Alternative to Incarceration Program No Longer Requires “Substantial and Compelling Reasons” On July 9, 2014, the Oregon Court of Appeals held that sentencing courts are no longer required to find “substantial and …
Article • November 13, 2015
Woman Not Prevailing Party; Not Entitled to Award Despite Temporary Restraining Order by Woman Not Prevailing Party; Not Entitled to Award Despite Temporary Restraining Order The U.S. Court of Appeals for the Second Circuit Court has reversed a lower court's holding that a plaintiff was entitled to attorneys' fees as …
Article • November 13, 2015
Filed under: Stun Guns/Tasers
Sixth Circuit Rules in Excessive Force Case by Sixth Circuit Rules in Excessive Force Case The Sixth Circuit Court of Appeals affirmed summary judgment in a case brought by a jail detainee against Franklin County, Ohio, its Sheriff, and fourteen deputies. Michael Reed claimed deputies used excessive force against him …
Article • November 13, 2015
U.S. Court of Appeals Reverses Prisoner’s Parole Board Suit by U.S. Court of Appeals Reverses Prisoner’s Parole Board Suit In a March 14, 2014 order, the United States Court of Appeals for the Eleventh Circuit affirmed in part, reversed in part, and remanded Veronza L. Bowers case to the district …
Article • November 10, 2015
Filed under: Medical Misconduct
Medical License Revoked For Fraudulent Conduct by Medical License Revoked For Fraudulent Conduct Upon remand by the New York Supreme Court Appellate Division for redetermination of the penalty, the Administrative Review Board for Professional Medical Conduct (ARB) again unanimously voted to revoke doctor Joseph Kleinplatz's license. The ARB, upon recommendations …
Dismissal of Prisoner’s Federal and State Claims Not Warranted; Prison Employees Not Automatically Immune from Liability by Dismissal of Prisoner’s Federal and State Claims Not Warranted; Prison Employees Not Automatically Immune from Liability The U.S. District Court for the Middle District of Pennsylvania has held that a state prisoner sufficiently …
Article • November 10, 2015
Michigan Federal Court Has Granted Motion to Compel Law Enforcement Officers to Produce Documents by Michigan Federal Court Has Granted Motion to Compel Law Enforcement Officers to Produce Documents The U.S. District Court for the Eastern District of Michigan has granted in part a motion to compel the defendants, law …
United States District Court Magistrate Rules on Discovery Issues in Prison Gang Death by United States District Court Magistrate Rules on Discovery Issues in Prison Gang Death On November 21, 2013, in the U.S. District Court for the District of Hawaii, a magistrate judge denied in part and granted in …
Article • November 10, 2015
Filed under: RLUIPA, Religious Diet
New Hampshire Prison Authorities Enjoined from Denying Kosher Diet to Observant Orthodox Jew by New Hampshire Prison Authorities Enjoined from Denying Kosher Diet to Observant Orthodox Jew In May 2007, a Federal District Court enjoined New Hampshire prison authorities from denying a kosher diet to an observant Orthodox Jew as …
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