Skip navigation

Search

278 results
Page 6 of 14. « Previous | 1 2 3 4 5 6 7 8 9 10 11 12 13 14 | Next »

Article • November 15, 2011 • from PLN November, 2011
U.S. Supreme Court Holds Civil Contemptor Facing Incarceration Requires Procedural Safeguards Absent Counsel by The U.S. Supreme Court held on June 20, 2011 that counsel need not be provided to a person facing civil contempt for failure to pay child support so long as the state has “in place alternative …
Article • September 15, 2011
Ninth Circuit Faults Mootness Dismissal, Denial of Counsel by The ninth Circuit Court of Appeals vacated the mootness dismissal of an Idaho prisoner’s conditions of confinement suit. The court also found that it was an abuse of discretion to dismiss without ruling on the prisoner’s request for appointment of counsel. …
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 • 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 …
Brief • June 22, 2011
People of the State of Michican v. Pilton, MI, Motion to Permit a Professional Jail Visit for Defense Paralegal, 2011 STATE OF MICHIGAN OAKLAND COUNTY CIRCUIT COURT PEOPLE OF THE STATE OF MICHIGAN, vs. Plaintiff, Case No. 2008-221114-FC Hon.Rae Lee Chabot ELLIOT PILTON, Defendant ________________________________________________/ OAKLAND COUNTY PROSECUTOR’S OFFICE By: …
Article • June 15, 2011 • from PLN June, 2011
PHS and NY Jail Employees Have Conflict of Interest with Legal Representation by A federal district court found that a conflict of interest existed with the Corporate Counsel of the City of New York (Corporate Counsel) representing individual employees of Prison Health Services (PHS), because they had conflicting defenses. The …
Mohave County, Arizona Appointed Counsel Selection System Unconstitutional by On April 3, 1984, the Supreme Court of Arizona held that the system of selecting and compensating appointed counsel in Mohave County, Arizona, violated the constitutional rights to due process and counsel. Joe. U. Smith was convicted of burglary, sexual assault …
Washington State Supreme Court Allows Withdrawal of Juvenile's Guilty Plea to Sex Offense by On January 28, 2010, the Supreme Court of Washington State issued an opinion allowing a juvenile to withdraw a guilty plea to a sex offense due to ineffective assistance of appointed counsel and misunderstanding the charge. …
Article • April 15, 2011
Underfunding, Excessive Caseload Not Adequate Basis for Public Defender to Withdraw in Florida by Florida’s Third District Court of Appeal held on May 13, 2009 that public defenders cannot withdraw from representing defendants on the grounds that a conflict of interest exists due to underfunding, excessive caseload, or the prospective …
Article • January 15, 2011 • from PLN January, 2011
Texas Capital Defendants with Hired Attorneys Rarely Receive Death Sentences by Matthew Clarke by Matt Clarke In February 2010, the American Constitution Society for Law and Policy (ACS) published an issue brief on the relationship between hired defense counsel and the death penalty. The brief concluded that defendants charged with …
Tenth Circuit Reverses Dismissal of Failure to Protect Suit by Brandon Sample The U.S. Court of Appeals for the Tenth Circuit has reversed the dismissal of a lawsuit filed by a Colorado prisoner who requested but was denied protection from prison gang members. Scott L. Howard, a self-described “openly homosexual” …
Three Years Later, CMS Still Fails to Meet Medical Standards in Delaware by David Reutter by David M. Reutter Despite federal oversight of its prison medical care, Delaware “continues to have a great deal more to achieve before it comes into substantial compliance with all provisions of the MOA” (Memorandum …
Brief • January 22, 2010
Filed under: Appointment of Counsel
Carter v Wilkinson, LA, Order, court ordered appt of counsel, 2010 Case 1:06-cv-02150-DDD-JDK Document 32 Filed 01/22/10 Page 1 of 2 Case 1:06-cv-02150-DDD-JDK Document 32 Filed 01/22/10 Page 2 of 2
Article • January 15, 2010 • from PLN January, 2010
Second Circuit Establishes Anonymous Pleading Standards by by Mark Wilson In a case of first impression, the Second Circuit Court of Appeals established standards governing the use of pseudonyms in civil litigation. The Court endorsed the Ninth Circuit’s test of balancing a plaintiff’s interest in anonymity against the public’s interest …
Fifth Circuit Reinstates Texas Prisoner’s Failure-to-Protect Suit by Matthew Clarke by Matt Clarke The Fifth Circuit Court of Appeals reversed in part a district court’s dismissal of a prisoner’s failure-to-protect suit, though the case lost at trial after remand. Ernesto R. Hinojosa, Sr., a Texas state prisoner, was housed in …
Reversal of Summary Judgment to BOP Doctor Accused of Deliberate Indifference by Brandon Sample The U.S. Court of Appeals for the Seventh Circuit has reversed a grant of summary judgment to a Bureau of Prisons (BOP) doctor accused of denying a death row prisoner needed eye surgery. Arboleda Ortiz, a …
Article • January 15, 2010
CJA Reimbursements Unappealable, Tenth Circuit Decides by Attorneys appointed pursuant to the Criminal Justice Act (CJA) cannot appeal CJA compensation or reimbursements, the U.S. Court of Appeals for the Tenth Circuit decided February 24, 2009. William Lunn was appointed to represent Sheila French at a resentencing proceeding. Lunn submitted a …
Class Action Alleging Unconstitutional Michigan Indigent Defense System Survives Summary Judgment by Michigan’s Court of Appeals has upheld the denial of a summary judgment motion filed by state officials in a class action lawsuit that claims indigent defendants subject to felony prosecutions in trial courts in three Michigan counties have …
Article • November 15, 2009 • from PLN November, 2009
Georgia Attorneys Abandoning Indigent Defendants by David Reutter by David M. Reutter For almost 50 years, following the Supreme Court’s 1963 decision in Gideon v. Wainwright, criminal defendants have had a constitutional right to legal representation. However, Georgia lawmakers have decided that as a result of the state’s budget shortfall …
Article • October 15, 2009 • from PLN October, 2009
Ohio County Jail Agrees to Pay $75,000 For Locking Up Poor by On April 30, 2009, Hamilton County, Ohio agreed to settle a class action lawsuit brought on behalf of over 600 individuals who were jailed for non-payment of a fine without first being afforded an attorney or hearing to …
Page 6 of 14. « Previous | 1 2 3 4 5 6 7 8 9 10 11 12 13 14 | Next »