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Article • May 15, 2007
Sixth Amendment Right to Counsel Requires Initiation of Formal Criminal Proceedings; Strapping Violent Arrestee to Bed Constitutional by Sixth Amendment Right to Counsel Requires Initiation of Formal Criminal Proceedings; Strapping Violent Arrestee to Bed Constitutional The Eleventh Circuit Court of Appeals held the Sixth Amendment did not apply to an …
Article • May 15, 2007
Attorney-Client Privilege Breached by The Supreme Court of Washington, en banc, held that a lawyer unethically revealed confidential information, thereby breaching the attorney-client privilege. William Hamilton retained attorney Douglas Schafer to aid him in forming a corporation in order to purchase a bowling alley from an estate represented by Grant …
Article • May 15, 2007
WA Agencies Liable For Fees & Penalties To Parties Who Prevail Against Them In PDA Cases by WA Agencies Liable For Fees & Penalties To Parties Who Prevail Against Them In PDA Cases On June 22, 2001, a reporter named Tim Connor sued the city of Spokane, Washington for withholding …
Article • May 15, 2007
Michigan Prisoner Wearing Leg Irons During Jury Trial Harmless Error by Michigan State prisoner David Lakin appealed the denial of his Federal habeas corpus petition alleging a due process violation for being forced to wear leg irons during a jury trial. Lakin and four other prisoners attempted to escape from …
Article • May 15, 2007
Federal Motions for Attorney Fees Must be Filed Within 14 Days of Disposition of Post-Trial Motions by Federal Motions for Attorney Fees Must be Filed Within 14 Days of Disposition of Post-Trial Motions Ronald Bailey prevailed in a negligence/excessive force suit against police in Riverside County, California after they removed …
Counsel Appointed to Brief Questions of PLRA Total Exhaustion and Sandin Confinement Conditions for by Counsel Appointed to Brief Questions of PLRA Total Exhaustion and Sandin Confinement Conditions for Atypicality The Second Circuit Court of Appeals ordered that counsel be appointed to New York prisoner Jose Ortiz to brief the …
Article • May 15, 2007
$50,000 Paid in Texas Improper Housing Classification/Assault by Imprisoned at Texas' Bastrop County Jail for traffic tickets and DWI probation violation, the plaintiff in this case found himself placed in a cell block with convicted felons and other violent offenders. On September 25, 1995, the prisoner plaintiff was attacked by …
Actual Innocence Required in Washington Criminal Malpractice Actions by Actual Innocence Required in Washington Criminal Malpractice Actions In a 5-4 decision, the Washington Supreme Court held that plaintiffs suing criminal defense attorneys for legal malpractice must prove that they are innocent of the underlying criminal charge. Dr. Jessy Ang and …
California Prisoner Wins Ban on Dungeons and Dragons; Attorney Fees Awarded by Kevin Bruce, a California state prisoner won a lawsuit in federal district court challenging the constitutionality of Folsom Prison's ban on the possession of material associated with the game Dungeons and Dragons (D & D). As a result, …
Article • May 15, 2007
New Jersey Prison Doctors Pay Over $5k for Concealing Documents by Joseph Tarlton, a former New Jersey state prisoner, sued prisons and their medical staff for being deliberately indifferent to his medical needs while he was in prison. Two of the defendants, both prison doctors, lied about the existence of …
Article • May 15, 2007
NY Public Defenders' Pay Kept Low by Leonard Levenson and the other defendants in this case were New York criminal defense lawyers taking cases on appointment. 22 NYCRR § 722-b capped their fee at $800 for misdemeanors and $1,200 for felonies. But in extraordinary cases, trial courts could award more. …
Article • May 15, 2007
Texas Prisoner's Rights Not Violated by Not Allowing Him to Represent Himself at Trial for Tattooing by Texas Prisoner's Rights Not Violated by Not Allowing Him to Represent Himself at Trial for Tattooing Fellow Prisoner On March 3, 2002, Timothy Worstell, a Texas State prisoner, forcibly tattooed the words child …
Article • May 15, 2007
Prisoner Found Negligent, Ordered to Pay $40,000 in Attorney Fees by A 31-year-old Florida prisoner was assigned to work on a sanitation truck on a work release squad from Zephyrhills Correctional Institution when the truck struck a pole, throwing him from the truck. The prisoner sustained a TMJ and cervical …
Article • May 15, 2007
$600,000 Verdict in Excessive Force Case to Ohio Jail Prisoner by After being involved in a car accident and arrested for drunk driving, Craig A. Burdine was taken to Ohio's Ottawa County Jail. While being removed from the jail's elevator, Burdine was choked unconscious by Deputy Bruce M. Szilagye. Burdine …
Article • May 15, 2007
Attorney-Client Privilege Doesn't Protect All Discovery by In an employment discrimination case, the defendants asserted various privileges. A document from the vice president of communications to an EEO coordinator was not protected by the attorney-client privilege. At 499: It is important to remember that, because the privilege impairs the court's …
Article • May 15, 2007
SVP'S Have No Right To Counsel During Evaluation by Washington State prisoner Alfred E. Kistenmacher appealed a jury's determination that he is a sexually violent predator (SVP) under RCW 71.09, and claimed Fifth Amendment violation for not being afforded counsel's presence during the SVP evaluation. Kistenmacher was convicted of two …
Attorney's Must Have Express Authorization To Enter Into Settlement Agreements by In January 1995, Illinois State prisoner Donchii Malone was transferred to Stateville prison where he learned of a contract out on his life. Malone reported this to Warden Godinez and requested transfer to protective custody. Neither happened. A week …
Conflict of Law Analysis Required in Multi State FTCA Litigation by Dana Maye El filed a pro se suit against the United States for unspecified torts under the Federal Torts Claim Act in New Jersey raising claims that occurred in New Jersey, Missouri, and Pennsylvania. The district court granted the …
Article • May 15, 2007
$183,000 Awarded To California Deputy District Attorney Attacked During Parole Hearing by $183,000 Awarded To California Deputy District Attorney Attacked During Parole Hearing In 1980, a California Deputy District Attorney (Savitt) was attacked and stabbed multiple times by a maximum security prisoner during a parole hearing. The prisoner had a …
Article • May 15, 2007
Attorney Awarded $55,976.19 For Limited Success In Class Action Lawsuit by The U.S. District Court for the Southern District of New York awarded reduced fees and costs of $55,976.19 to an attorney who demonstrated only modest, individual success in his broad civil rights class action complaint challenging New York City's …
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