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Article • July 15, 2013 • from PLN July, 2013
Third Circuit Discusses FRCP 17(c) Guardian Appointment; Evidence of Incompetency Requires Sua Sponte Inquiry by The Third Circuit Court of Appeals has held that "a court is not required to conduct a sua sponte determination whether an unrepresented litigant is incompetent unless there is some verifiable evidence of incompetence." Federal …
Fifth Circuit Reverses District Court's Denial of Appointment of Counsel by On March 6, 2009, Fifth Circuit reversed the district court's denial of appointment of counsel and upheld the dismissal of free exercise, equal protection and retaliation claims. Texas prisoner Willie Lee Garner filed a pro se lawsuit pursuant to …
Article • April 15, 2013 • from PLN April, 2013
A ‘Nobody’s’ Legacy: How a Semi-literate Ex-con Changed the Legal System by M. Alex Johnson by M. Alex Johnson and Vidya Rao, NBC News If you've heard of Clarence Earl Gideon at all, it’s probably because of a movie you had to watch in school. He deserves better, though, because …
Article • March 15, 2013
Wisconsin Prisoner's Pro-se AEDPA Action Rejected by Seventh Circuit by Derek Gilna In an appeal from the U.S. District Court for the Western District of Wisconsin, Ronald Romanelli, a prisoner at the Columbia County Jail, was unsuccessful in convincing the Seventh Circuit of the United States Court of Appeals to …
Article • March 15, 2013
New York: Indigent Defendants' Suit Over Non-representation Ruled Justiciable by Michael Rigby by Mike Rigby On May 6, 2010, the New York Court of Appeals, the state’s highest court, held that indigent defendants in five New York counties who alleged they were effectively provided no representation at their arraignment and …
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 …
Article • December 15, 2012 • from PLN December, 2012
States Create Special Commissions to Study Flat-Fee Indigent Defense by Joe Watson Some states may soon be doing more to guarantee the Sixth Amendment right to counsel for indigent criminal defend-ants. Special commissions have been convened in Nevada, Idaho, Michigan and Pennsylvania to investigate how flat-fee contracts with private defense …
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 • August 15, 2012 • from PLN August, 2012
Florida Death Row Prisoners Cannot Challenge Sentence Pro Se by Citing its “constitutional responsibility to ensure the death penalty is administered in a fair, consistent and reliable manner, as well as having an administrative responsibility to work to minimize the delays inherent in the post-conviction process,” the Florida Supreme Court …
Article • July 15, 2012
Oregon Prisoner's Legal Mail Claims Dismissed by The Oregon Court of Appeals affirmed a lower court's dismissal of a prisoner's action, challenging the opening his legal mail outside his presence. After Oregon prisoner Jacob Barrett was transferred to the Oklahoma State Penitentiary (OKSP), Oregon attorney Charles Simmons continued to represent …
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
Michigan Supreme Court Reverses Its Own Decision Allocating Greater Funding for State’s Public Defender Offices by Derek Gilna By Derek Gilna In an unusual decision, criticized by the American Civil Liberties Union, the Michigan Supreme Court on July 17 reversed itself and threw out a lawsuit that would have required …
Article • May 15, 2012
Human Rights Watch Report Faults ICE for Improper Treatment of Mentally Disabled Aliens by Derek Gilna By Derek Gilna A 2010 study by Human Rights Watch highlights abuses suffered by mentally disabled aliens, both legal and illegal. According to Human Rights Watch, "Every year, several hundred thousand people in the …
Idaho Population Caps Continue; Class Counsel & Representatives Reappointed by Idaho Population Caps Continue; Class Counsel & Representatives Reappointed On December 18, 2007, a federal court in Idaho re-appointed Class Representatives and ordered attorney fees for Plaintiffs' counsel in a long-running Idaho Department of Corrections (IDOC) overcrowding case. In 1987, …
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 …
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 …
Article • February 15, 2012
U.S. Supreme Court Limits Edwards Rule by Brandon Sample In Edwards v. Arizona, 451 U.S. 477 (1981), the Supreme Court held that statements made to police during an interrogation following a request for counsel are presumed invalid. The so-called Edwards rule was designed to protect the safeguards afforded by Miranda …
Article • February 15, 2012
Florida: Legislature's Attempt to Shift Overhead Costs of Appointed Counsel for Indigents from State to Counties Deemed Unconstitutional by The Florida Supreme Court has held that section 19 of chapter 2007-62, Laws of Florida, impermissibly shifts responsibility for funding overhead costs of court-appointed counsel from the state to the counties, …
Brief • December 30, 2011
Filed under: Appointment of Counsel
Miller v. Deal, GA, Order on Class Certification, Child Support Cases, 2011 Judge Jerty W. Baxter SUPERIOR COURT OF FULTON COUNTY 185 emtralAventle, SW Stlite T4855 Atlanta, Georgia 30303 Fax: (404) 224-1347 Phone: (404) 612-3740 Fax / Email COVER SHEET FAX / EMAlL ADDRESS: DATE SENT: I ~o_~~ ~ _~----le,---,-("d--l-""_~+---'Lf---~~""--=--_S_c..._IA._'_._o~~_'___ …
Article • December 15, 2011 • from PLN December, 2011
Immigrants Have Special Sixth Amendment Rights But Limited Time to Enforce Them by Holly S. Cooper by Holly S. Cooper & Anel Carrasco In negotiating plea bargains for immigrants, many defense lawyers forget to focus on the primary goal for their clients – staying in the United States. While no …
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