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Brief • September 21, 2007
Sawchuck v. Jenne, FL, Order on SJ, Attorney-Client Communications, 2007 Case 0:06-cv- 61182- KAM Document 51 Entered on FLSD Docket 09/21/2007 Page 1 of 14 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case No. 06- 61182- Civ- MARRNJOHNSON JOSEPH SAWCHUCK and RICHARD SPENCER individually and on behalf of all …
Ninth Circuit: Prisoner is Protected by Legal Privilege but Not Marriage Privilege When Writing His Lawyer-Wife by A California state prisoner who was being tried in United States District Court for federal conspiracy, racketeering and murder offenses committed from state prison, and whose wife was his lawyer, was permitted to …
Attorney Sanctioned For Unreasonably, Vexatiously Prolonging Litigation by The U.S. District Court for the District of New Mexico held that an attorney representing a prisoner in a civil rights action against prison officials had acted "unreasonably and vexatiously" pursuant to 28 U.S.C. § 1927, and ordered him to pay defendants' …
California Appellate Court Reinstates Murder Conviction For Dog Mauling Death by California Appellate Court Reinstates Murder Conviction For Dog Mauling Death In an unprecedented ruling, a divided California Court of Appeal (First Appellate District) reinstated the second degree murder conviction of Marjorie Knoller for the killing of a neighbor by …
No State-Paid Attorneys for Post-conviction Relief in Capital Cases by The U.S. Supreme Court held that indigent death row prisoners had no constitutional right to state-paid counsel in order to pursue post- conviction relief. Prisoners on Virginia's death row brought a § 1983 action against state officials alleging they had …
State Death Row Prisoner Not Entitled to Appointment of Federal Counsel for Clemency by State Death Row Prisoner Not Entitled to Appointment of Federal Counsel for Clemency The Eleventh Circuit Court of Appeals held that a state prisoner sentenced to death is not entitled to the appointment of federally funded …
Supreme Court Addresses Mail, Good-Time, Legal Aid, Disciplinary Issues by The U.S. Supreme Court held that restoration of good-time was unavailable under § 1983; some constitutional rights are retained in prison disciplinary proceedings; minimal due process is required if loss of good-time is a possibility; disciplinary due process procedures ordered …
Deceased PA Prisoner's Medical Records Disclosable by Darlene Lucretia Joe was a Pennsylvania state prisoner at the Philadelphia Industrial Correction Center. Between 4/29/97 and 6/30/97 she requested medical care 15 times, to no avail. On 8/4/97 she died of cerebral herniation. Her estate sued the prison medical subcontractors (defendants), who …
Article • May 15, 2007
Attorney/Client Privilege Voided by Including Third Persons in Conversation by Florida's Fifth District Court of Appeals has held that a prisoner is not entitled to claim attorney/client privilege to communications when the person invoking the privilege knew of or should have known that the privileged conversation was being overhead. Before …
Defendants Must Bear Costs of Depositions Sought by Indigent Prisoners; and Attorney-Client Privilege Waived by Defendants Must Bear Costs of Depositions Sought by Indigent Prisoners; and Attorney-Client Privilege Waived On remand from the United States Supreme Court, the Federal District Court of New York held that, generally, a party seeking …
Article • May 15, 2007
Filed under: Attorneys, Attorney Client
Attorney Client Privilege Must Be Assented in Timely Manner by At 521: "The failure to provide a timely privilege log or to describe the documents in conformity with the Local Rules may result in a waiver of the privilege." At 523: Nonetheless, the court excuses a failure to assert the …
Article • May 15, 2007
Supreme Court Strikes Down CSC Ban on Welfare Suits by The Court strikes down a statute forbidding Legal Services lawyers to challenge the constitutionality of welfare statutes, and in doing so characterizes litigation as speech and applies the usual First Amendment analysis to this content-based restriction. (Interestingly, the Court ignores …
Article • May 15, 2007
Court Denies Defendant Transfer to Jail Closer to Counsel by The federal criminal defendant complained that she was held in a jail in Cedar Rapids, which imposed excessive travel on her attorneys, rather than in Des Moines. She also complained that the jail conditions amounted to punishment. Assuming that the …
Article • May 15, 2007
Filed under: Attorneys, Attorney Client
Client-Client Meeting Notes Not Privileged by A corporation asked its general counsel to conduct an internal investigation of alleged wrongdoing. For purposes of attorney-client privilege, the general counsel was the attorney and the client was the firm and its partners and employees. Therefore all communications from partners or employees to …
Article • May 15, 2007
Legal Mail and Attorney Call Claims Subject to PLRA by The plaintiff complained that his attorney-client telephone calls and correspondence were improperly intruded upon. At 159: Krilich argues that his Fifth Amendment claim is not subject to the PLRA because it is not brought "with respect to prison conditions." Krilich …
Article • May 15, 2007
Jail Detainees Have Right to Meet with Counsel by The court of appeals for the Third Circuit held that a district court erred in dismissing a Pennsylvania jail prisoner's claim that he was denied an adequate opportunity to meet with his trial lawyer to prepare his defense. The appeals court …
Article • May 15, 2007
Censorship of Muslim Literature Struck Down, Detainees Have Right to Confidential Contact with Counsel by The court of appeals for the Fifth circuit affirmed a district court's injunction-prohibiting the Fast Paton Rouge sheriff in Louisiana from censoring the Koran and Muhammad Speaks to jail prisoners. The court reversed dismissal of …
Article • May 15, 2007
California Supreme Court Holds Prisoners' Legal Mail Confidential by The Supreme Court of California held that a rule used by the California Department of Corrections (DOC) that allowed prison officials to read attorney-prisoner incoming mail was inconsistent with statutory privilege for that type of correspondence. Also, the court held that …
Colorado DOC Contractor Communications Privileged by The Colorado Supreme Court has ruled that communications between the Department of Corrections (CDOC) attorney and an independent contractor are protected by attorney-client privilege. The CDOC sought relief under C.A.R. Rule 21 (original jurisdiction writ) from a district court order to disclose documents and …
Article • May 15, 2007
Evidentiary Hearing Required for Legal Mail Rights by The Seventh Circuit held that federal prisoners' First Amendment rights with regard to mail inspection by prison officials warranted an evidentiary hearing. Christopher John Martin and Brett C. Kimberlin sought to enjoin the practice of prison officials treating all incoming mail as …
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