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Article • February 15, 2012
Florida U.S. District Court Denies Motion for New Trial in Fourth Amendment Case, Upholds Big Damage Award by A Florida Federal District Court denied a motion for new trial following a jury verdict against Jefferson County deputies, after six days of trial concerning an illegal stop and search made by …
Article • February 15, 2012 • from PLN February, 2012
Texas Court of Criminal Appeals Credits Sentence with Time on Appeal Bond by The Texas Court of Criminal Appeals held that a man who erroneously remained free on an appeal bond for 21 years was entitled to full credit toward his sentence. Claus Detref Thiles was sentenced to 16 years …
Article • February 15, 2012
Federal Appeals Court Denies Colorado Prisoner’s “Mail Box Rule” Appeal by The Tenth Circuit Court of Appeals affirmed a Colorado district court’s order to alter the judgment in a suit won by a Colorado prisoner. Michael N. Milligan filed suit against Brian Matthews, a prison official at the prison in …
Article • October 15, 2011 • from PLN October, 2011
Sixth Circuit: Prisoner Must be Allowed Direct Appeal When Prison Delayed Appeal Mailings by Matthew Clarke by Matt Clarke The Sixth Circuit held that Michigan had to allow the appeal of a prisoner’s criminal conviction when prison officials had delayed the mailing of his appeal documents until after the filing …
Ninth Circuit: California Prisoner Need Not Appeal from Satisfactory Grievance Response in Order to Exhaust Administrative Remedies by Michael Brodheim Clarifying “the boundaries of proper exhaustion” within the context of California’s prison system, the Ninth Circuit Court of Appeals held that a prisoner “has no obligation to appeal from a …
90% Remittitur of $750,000 Strip Search Verdict Vacated; Plaintiffs Accept $440,385.08 on Remand by Mark Wilson On June 30, 2010, the Eighth Circuit Court of Appeals held that a district court had abused its discretion in reducing a $750,000 jury award to $75,000 in a case raising illegal strip search …
Brief • September 30, 2011
Filed under: Costs, Appeals, Depositions
CCCF Inmates v. CCR, CO, Plaintiff Apellate Brief, Deposition Costs, 2011 Plaintiff-Petitioners, by and through their attorneys, William A. Trine of Trine & Metcalf, P.C., and Cheryl Trine of Cheryl Trine Law Firm LLC hereby petition this Court pursuant to C.A.R. 2.1, and in support states: I. STANDARD OF REVIEW. …
Article • September 15, 2011
California Extends prison Mailbox Rule to Civil Filings by The California Supreme Court has held that the prison-delivery rule, also known as the prison mailbox rule, applies to a self-represented prisoner’s filing of a notice of appeal in a civil case, just as it has long been held to apply …
Article • September 15, 2011
Texas Supreme Court: Error to Dismiss Appeal for Untimely Indigence Affidavit by On November 2, 2007, the Supreme Court of Texas held that a court of appeals may not dismiss an appeal because the appellant failed to file an affidavit of indigence “with or before” the notice of appeal. Linda …
Article • September 15, 2011
Denial of Habeas Corpus Ad Testificandum Not Reviewable on Immediate Appeal by By David M. Reutter The Seventh Circuit Court of Appeals has dismissed for want of appellate jurisdiction a prisoner’s appeal of the denial of a petition for writ of habeas ad testificandum. Before he was sentenced to prison …
Article • July 15, 2011
California: Appellate Disentitlement Doctrine Not Applicable To Defendant Deported By ICE by Michael Brodheim By Michael Brodheim The California Court of Appeal has held that appellate disentitlement, a reviewing court’s inherent power to dismiss an appeal by a party who has refused to comply with a court’s orders, does not …
Article • July 15, 2011 • from PLN July, 2011
Seventh Circuit Finds Appeal is Timely Despite E-Filing Error by On May 3, 2010, the Seventh Circuit Court of Appeals held that a Wisconsin prisoner’s appeal was timely even though it was filed past the deadline due to an electronic filing error. Scot Vince, a longtime informant for Rock County, …
Article • May 15, 2011
Prisoner's Conviction in Lucasville Prison Riot Confirmed by Ohio’s Tenth District Court of Appeals affirmed the denial of a new trial motion filed by a prisoner convicted of two murders that occurred during the 1993 Lucasville prisoner riot. A jury convicted prisoner Timothy Grinnell of two counts of aggravated murder …
Article • May 15, 2011
Filed under: Civil Procedure, Appeals, Juries
Washington Court of Appeals: Juror's Experiment Not Grounds for Reversal by On September 14, 2009, the Washington State Court of Appeals held that a juror's home experiment based upon testimony he heard in a murder trial was not misconduct and therefore not grounds for reversal of the conviction. Daniel Jay …
Article • May 15, 2011
Filed under: Appeals, Sentencing, Restitution
No Automatic Abatement upon Death of Defendant; Heirs May Be Substituted As Parties in Order to Contest Financial Obligations of Deceased Defendant by A criminal defendant who dies during the pendency of his appeal is not entitled to abatement of his conviction or restitution obligations, the Supreme Court of Washington …
Article • May 15, 2011 • from PLN May, 2011
No Interlocutory Appeal from Denial of Motion for Reconsideration; $6,000 Settlement in New York Jail Abuse Case by The collateral order doctrine does not allow government defendants to take an interlocutory appeal from the denial of a motion for reconsideration of a district court’s denial of qualified immunity, the Second …
Article • May 15, 2011
Missouri Escape Rule Bars Post-Conviction and Habeas Corpus Filing by Missouri state prisoner Alan Echols appealed his federal habeas corpus denial after being denied state post-conviction relief based on Missouri's escape rule, which bars the review of post-conviction claims from prisoners who escape from incarceration. The denial was upheld by …
Crime Victims May Not Appeal Criminal Sentences, Tenth Circuit Decides by Brandon Sample By Brandon Sample Crime victims may not appeal a defendant's sentence or the denial of rights under the Crime Victims' Rights Act of 2004 (CVRA), the U.S. Court of Appeals for the Tenth Circuit decided December 2, …
Article • April 15, 2011
Texas Prisoner Allowed To Appeal IFP Despite Misfiling Affidavit by Matthew Clarke By Matt Clarke On September 24, 2008, a Texas court of appeals issued an order allowing a Texas prisoner to proceed in forma pauperis despite having improperly filed his affidavit of indigence with the wrong court. Junior Ray …
Article • April 15, 2011
California: Renewed Motion for Attorney Fees Properly Denied When Correct Authority Not Diligently Raised by The California Court of Appeal has affirmed the denial of two requests for attorney fees brought by the state of California, two state agencies and three state officials (collectively, the state), after they successfully defended …
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