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Article • May 15, 2013
Mississippi Supreme Court Reverses $12.7 Million Tax Overpayment Award in AT&T’s Favor by Mississippi Supreme Court Reverses $12.7 Million Tax Overpayment Award in AT&T’s Favor In September 2012, the Supreme Court of Mississippi reversed a Hinds County Chancery Court ruling that awarded AT&T nearly $13 million as a result of …
Article • May 15, 2013
No Collateral-Order Review of Refusal to Quash; Seventh Circuit Would Affirm on Merits by The Seventh Circuit Court of Appeals held that it lacked jurisdiction to hear a collateral-order appeal of two non-party state agencies that unsuccessfully moved to quash subpoenas. Even if it had appellate jurisdiction, however, the court …
Article • May 15, 2013
Wisconsin Appeals Court Orders Appointment of Examiner in Commitment Case by Derek Gilna Prisoner Dennis Thiel had appealed the denial of his petition for supervised release under Wisconsin Statute Chapter 980 (2003-04) (the Act), wherein the court had previously ordered that an examiner be appointed to take another look at …
Article • April 15, 2013 • from PLN April, 2013
Defendants Must Challenge Joint and Several Liability for Attorney Fees on Initial Appeal or Issue is Waived by On May 22, 2012, the Ninth Circuit Court of Appeals held that defendants found liable for civil rights violations had failed to challenge in their initial appeal an order that they were …
Article • April 15, 2013
Tenth Circuit Vacates Denial of Prisoner's Rule 60(b) Motion by Matthew Clarke by Matt Clarke On November 29, 2011, the Tenth Circuit Court of Appeals vacated a district court's order denying the Rule 60(b) motion of a prisoner who had suffered serious medical complications and not timely received a court …
Harris v. O'Hare et al, 2nd Cir, Plf Brief, CT warrantless entry search police dog shooting, 2013 12-4350-CV To Be Argued By: JON L. SCHOENHORN IN THE United States Court of Appeals FOR THE SECOND CIRCUIT GLEN HARRIS, individually, and P.P.A as guardian for K.H., a minor child, Plaintiffs v. …
Tenth Circuit Faults Kansas Prisoners' Representation; Upholds Dismissal of Compulsory Savings Account Challenge by Thanks largely to profoundly incompetent representation, the Tenth Circuit Court of Appeals affirmed the dismissal of a constitutional challenge to compulsory Kansas prison savings account policies. The Kansas Department of Corrections (KDOC) adopted policies requiring that …
Article • March 15, 2013
Filed under: Appeals, Mail, Legal Mail
Oregon Service by Mail Adds 3 Days by The Oregon Court of Appeals vacated a lower court's dismissal of a prisoner's appeal as untimely. The court held that a state rule of civil procedure added three days to the applicable time limit. Oregon prisoner William Harvey sued Elizabeth Christie in …
Forms of Judicial Deference in Prison Law by Sharon Dolovich by Sharon Dolovich1 Anyone familiar with the constitutional law of prisoners’ rights knows how ready courts are to find against prisoners in the name of “judicial deference.” It is not unreasonable for courts to grant a measure of deference to …
Article • October 15, 2012 • from PLN October, 2012
Washington State Post-Judgment Interest Award Required when Judgment Increased by Appellate Court in Records Case by The Division One Court of Appeals for the State of Washington held on August 15, 2011 that where an appellate court “merely modifies the trial court award and the only action necessary in the …
Article • August 15, 2012 • from PLN August, 2012
State Awarded Statutory Attorney Fees, Costs for Dismissed Washington PRPs by Mark Wilson The Washington State Court of Appeals has held that the state is entitled to statutory attorney fees following the dismissal of a personal restraint petition (PRP). After pleading guilty to witness tampering and burglary, Gregory Scott Bailey …
Article • July 15, 2012
Oregon Supreme Court Overturns Ban on Harsher Sentences after Successful Appeals by The en banc Oregon Supreme Court has overturned its 43-year-old prohibition on increased punishment in criminal cases when a defendant is successful on appeal and is resentenced. Oregon law now adheres to U.S. Supreme Court precedent. In 1967 …
Article • May 15, 2012
Arkansas Supreme Court Addresses Forma Pauperis Motion for Copy of Transcript by In a per curiam opinion, the Supreme Court of Arkansas denied a petitioner’s pro se motion for use of transcript of the appeal of his 1992 conviction for rape and subsequent life sentence. The court treated petitioner’s motion …
Article • May 15, 2012
Requiring Oregon Prisoners to File Appeals Pro Se Abused Discretion by The Oregon Court of Appeals held that a lower court erred when it refused to appoint substitute counsel and required two prisoners to proceed pro se in state post-conviction relief (PCR) actions. Under Oregon's Post-Conviction Hearings Act, ORS 138.510 …
Article • May 15, 2012
Sixth Circuit Holds Lethal Injection Protocol Challenge Time Barred by The Sixth Circuit Court of Appeals affirmed a lower court's holding that a condemned Ohio prisoner's lethal injection procedure challenge was time-barred. In 1986, Richard Cooey, II was convicted of aggravated murder and sentenced to death in Ohio. His appeal …
Article • May 15, 2012
Tennessee Appeals Court Denies Prisoner's "Coram Nobis" Petition by Tennessee Appeals Court Denies Prisoner's "Coram Nobis" Petition Prisoner George Campbell Jr.'s appeal of the order of the trial court denying his petition for "coram nobis" relief has been dismissed by the Court of Criminal Appeals of Tennessee at Jackson. Campbell …
Washington Supreme Court Reverses Judge's Indigency Status Denial by The En Banc Washington state Supreme Court reversed a lower court's denial of a judge's motion for indigency status. Soon after he was elected to the Pierce County Superior Court Bench, Judge Michael A. Hecht was convicted of felony harassment and …
Withdrawal of Approval of New Mexico Jail Class Action Settlement Not Appealable Order by The Tenth Circuit Court of Appeals has held that an order withdrawing approval of a class action settlement does not qualify as a “final order” subject to appeal under 28 U.S.C. § 1291. The appellate ruling …
Article • March 15, 2012 • from PLN March, 2012
Death Sentence Reversed Due to “Accidental” Perjury by Texas Prison Investigator by Matthew Clarke by Matt Clarke The Texas Court of Criminal Appeals reversed a death sentence imposed on a state prisoner convicted of capital murder, because a prison investigator had falsely described the prisoner classification system in the Texas …
Brief • February 16, 2012
State of Ohio v. Broom, OH, Judgment, 8th Am death penalty failed execution, 2012 [Cite as State v. Broom, 2012-Ohio-587.] Court of Appeals of Ohio EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA JOURNAL ENTRY AND OPINION No. 96747 STATE OF OHIO PLAINTIFF-APPELLEE vs. ROMELL BROOM DEFENDANT-APPELLANT JUDGMENT: AFFIRMED Civil Appeal from …
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