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Article • August 15, 2011
Texas Prisoner Not Entitled to Counsel until Adversarial Proceedings Are Commenced by Walter Rothgery, a Texas state prisoner, was arrested as a felon in possession of a firearm based on a background check which showed a felony conviction in California. He was taken before a magistrate the next morning, who …
Article • August 15, 2011
Texas DOC & Nurse not Liable for Prisoner's Death by Texas DOC & Nurse not Liable for Prisoner's Death Damon Hollimon, a Texas state prisoner, was repeatedly tear-gassed at Huntsville prison after refusing to come out of his cell. When he was removed from his cell, a nurse noted that …
O'Neil, as next friend to the minor C.P,. v. Texas Dept. of Criminal Justice, et al., TX, settlement info, wrongful death, 2011 Case 2:10-cv-00003-J-BB Document 245 Filed 08/01/11 Page 1 of 3 PageID 2193 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS AMARILLO DIVISION GAIL O’NEIL, …
Article • July 15, 2011
Texas Prisoner's Premises Defect Suit Against Dallas County Reinstated by Matthew Clarke by Matthew T. Clarke A Texas court of appeals has reinstated the pro se, in forma pauperis negligence and premises defect tort suit brought by a Texas prisoner against Dallas County and the Sheriff of Dallas County after …
Article • July 15, 2011
Texas Prisoner’s Property Destruction Damages Properly Pleaded by Matthew Clarke By Matt Clarke A Texas court of appeals has held that a state prisoner properly pleaded damages within the minimum jurisdictional limits of the district court. Jeffery D. Westbrook, a Texas state prisoner incarcerated at the Allred Unit, filed suit …
Article • July 15, 2011
Texas Court of Appeals: No Law Library Access Right for Prisoner Who Waives Appointed Counsel by Matthew Clarke Texas Court of Appeals: No Law Library Access Right for Prisoner Who Waives Appointed Counsel By Matt Clarke On April 30, 2008, a Texas court of appeals ruled that a prisoner who …
Article • July 15, 2011
Filed under: Sentencing, Parole
Texas Prisoner Entitled to Separate Mandatory Supervision Calculation by By Matt Clarke On July 2, 2008, the Texas Court of Criminal Appeals held that a Texas prisoner who was originally had a mandatory-supervision-eligible sentence, but received two more consecutive sentences while incarcerated, had the right to have his sentences calculated …
Article • July 15, 2011
Fifth Circuit: Texas Muslim Prisoners May Have Right to Wear Beards by On November 21, 2007, the Fifth Circuit court of appeals ruled that Texas state prisoners who are Muslims may have the right to wear a beard. Fredrick Gooden and Garrett Gibb, Texas state prisoners, filed suit under 42 …
Article • July 15, 2011
Fifth Circuit: No Liberty Interest in Discretionary BOP Sentence Reduction by Matthew Clarke By Matt Clarke The Fifth Circuit court of appeals upheld the denial of sentence reduction to a federal prisoner who had completed the Residential Drug Abuse treatment Program (RDATP). Michael Richardson, a federal prisoner incarcerated at the …
Article • July 15, 2011
Mandamus Issued Voiding Texas Court’s Seizure Of Trust Fund without Process by Matthew Clarke by Matt Clarke A Texas court of appeals has conditionally granted a prisoner’s petition for a writ of mandamus, voiding a district court’s order garnishing funds from the prisoner’s trust fund to pay court costs in …
Article • July 15, 2011
TDCJ Driver at Fault in Traffic Collision by In a claim filed March 14, 2008, attorney Donald DeGrasse of DeGrasse & Rolnick of Houston, sought remuneration from TDCJ for a traffic accident caused by a TDCJ employee. Attorney DeGrasse represented Chubb Insurance Group, which was the insurer of the other …
$150,000 Settlement in Wrongfully-Convicted Texan's Lawsuit by In March 2006, the Texas Department of Criminal Justice (TDCJ) settled for $150,000 a lawsuit brought by the guardian of a wrongfully-convicted man who was beaten by another prisoner and suffered permanent severe brain damage. Richard Danziger, a former Texas prisoner, was wrongly …
Article • July 15, 2011
Federal Magistrate Judge May Conduct Voir Dire without Defendant’s Personal Consent, Supreme Court Holds by A federal magistrate judge may conduct voir dire in a criminal case upon consent of a defendant’s attorney. No personal consent by a defendant is necessary, the Supreme Court decided May 12, 2008. Homero Gonzalez …
Article • July 15, 2011
TDCJ Blamed for Wrongful Death by On November 8, 2001, Attorney Bobby R. Taylor, with the Law Offices of Bobby R. Taylor in Austin, Texas, filed a civil action pursuant to 42 U.S.C. §§ 1981, 1983 and 1988 against a number of Texas Department of Criminal Justice (TDCJ) officials and …
Article • July 15, 2011
TDCJ Guards Accused of Attacking Handicapped Prisoner by On June 11, 2001, Texas prisoner Santiago Elizalde, Jr., filed a complaint under 42 U.S.C. §1983 against the Warden, an Ad. Seg. Major and two prison guards at the Telford Unit where he was housed. His complaint alleged the two guards attacked …
Article • July 15, 2011
TDCJ Guards Accused of Unprovoked Beating by On November 16, 2001, Texas prisoner Nigel Edwards filed a § 1983 civil action against David Campos and Ronnie Martinez, prison guards for the Texas Department of Criminal Justice. Edwards accused the guards of excessive force in an unprovoked attack upon him while …
Article • July 15, 2011 • from PLN July, 2011
$16 Million Federal Jury Award in Texas Jail Beating Suit by Matthew Clarke by Matt Clarke On January 12, 2011, a federal jury in Beaumont, Texas found in favor of a former Jefferson County prisoner who was beaten by jail employees during the intake process. The jury awarded over $16 …
Article • July 15, 2011 • from PLN July, 2011
Fifth Circuit: Habeas Petition Challenging Recent Parole Denial Not Considered Successive by Matthew Clarke by Matt Clarke On April 1, 2009, the Fifth Circuit Court of Appeals issued an order holding that a federal habeas corpus petition challenging procedures used to deny parole at a parole hearing which occurred after …
Failure to Protect May Raise Claim Under Federal Tort Claims Act by Matthew Clarke by Matt Clarke The Fifth Circuit Court of Appeals held that it was inappropriate to grant summary judgment against a prisoner who was assaulted by gang members after he had warned prison officials of the danger …
Article • July 15, 2011
Fifth Circuit: No Mailbox Rule for Texas State Habeas Actions by Matthew Clarke By Matt Clarke On November 7, 2007, the Fifth Circuit court of appeals ruled that the "mailbox rule" did not apply to Texas state habeas corpus actions. Gene Edward Howland, a Texas state prisoner, delivered a state …
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