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No Fourth Amendment Violation for Monitoring Attorney-Client Conversations by When a prisoner consents to the monitoring of calls over a jailhouse telephone, no Fourth Amendment violation exists if the government records calls made to an attorney, the U.S. Court of Appeals for the First Circuit decided June 30, 2008. Scott …
Marsden Hearing Required When Defendant Puts Forward Plausible Ineffective Assistance of Counsel Claim by On April 11, 2008, the Court of Appeal of the State of California, Fifth District, remanded a criminal case for a hearing to determine whether an attorney was ineffective for failing to call two witnesses in …
Settlements You Can't Sign: Ethical Implications of Chicago's Machinery of Denial by Craig Futterman By Craig B. Futterman, Jason E. Huber, and Pier Petersen1 Introduction On February 28, 2006, Carlos Salazar,2 a Latino construction worker in his early 40s, had just picked up his mother from a health clinic on …
Michigan Jail Officials Lied and Hid Documents in Lawsuit Over Prisoner’s Death by David Reutter Michigan Jail Officials Lied and Hid Documents in Lawsuit Over Prisoner’s Death by David M. Reutter On the eve of trial, a Michigan U.S. District Court adjourned a civil rights suit to reopen fact finding …
"Institutionalization" Fails as Criminal Defense at Trial and on Appeal by On May 14, 2008, a California court of appeals upheld the conviction of a man who said he committed an inept bank robbery because he wanted to return to prison. Horace Bordelon, a California state prisoner, spent seven years …
Criminal Defense Attorney Helps “Sting” His Own Clients by Jimmy Franks On January 23, 2009, Chevaliee Robinson was sentenced to 15 years by a U.S. District Court in Ohio after pleading guilty to drug conspiracy and money laundering charges. Robinson’s arrest was one of 30 made by federal agents in …
$3 Million Jury Award in Wrongful Termination of Washington Prosecutor by A jury in Washington’s King County awarded a fired prosecutor $3,075,170. The lawsuit by Barbara Corey charged that she was wrongfully terminated by the Pierce County Prosecutor’s Office in 2004. At the time of her firing, Corey was number …
Texas Parole Officials Caught Lying to Federal Court With Impunity by A Texas federal court has dismissed as moot a parolee’s challenge to parole restrictions which prevented him from having unsupervised contact with his son. During the course of the litigation, parole officials repeatedly misled the court. Gerald Grant, a …
Nassau County Attorney's Representation Of Assistant D.A. Terminated For Suspicion by Nassau County (New York) and District Attorney Dennis Dillon appealed an order granting reimbursement for private counsel obtained by Assistant District Attorney Marie Salem in a 42 U.S.C. § 1983 defamation suit. The County also appealed a protective order …
Ex-Con Exposed – Had Posed as a Lawyer by John Dannenberg by John E. Dannenberg A former prisoner who posed as an attorney in at least 16 cases in ten federal courts since 2004 has admitted to a federal judge that he is not a lawyer and didn’t graduate from …
Article • November 15, 2008 • from PLN November, 2008
CA Justice Commission: “Low bid, flat fee” Defense Attorney Hiring Scheme Shortchanges Indigent Criminal Defendants by John Dannenberg by John E. Dannenberg The California Commission on the Fair Administration of Justice (Commission) charged that the practice of California counties to use competitive bidding for private attorneys to represent indigent criminal …
Maricopa County Special Prosecutor Padded Résumé, Law Partner Quits by Matthew Clarke by Matt Clarke Regular readers of PLN are familiar with Sheriff Joe Arpaio of Maricopa County, Arizona, who bills himself as “America’s Toughest Sheriff.” [See, e.g., PLN, March 2007, p.14]. Dennis Wilenchik, a private attorney known as “Arpaio’s …
Article • November 15, 2008 • from PLN November, 2008
U.S. Pardon Attorney Replaced After Investigation Reveals Racial Comments, Retaliation and Mismanagement by Brandon Sample U.S. Pardon Attorney Replaced After Investigation Reveals Racial Comments, Retaliation and Mismanagement by Brandon Sample The federal attorney responsible for recommending presidential pardons and commutations has been replaced following an investigation by the Office of …
Houston District Attorney Caught in E-mail Scandal, Resigns, Held in Contempt by Gary Hunter Houston District Attorney Caught in E-mail Scandal, Resigns, Held in Contempt by Gary Hunter Racist jokes, sexually explicit photos, love notes to his mistress and evidence of improper political campaigning were found in the e-mail account …
Florida DOC Ends Unofficial Transfer-for-Sale Policy by David Reutter by David M. Reutter It has long been an established fact among Florida prisoners that if you wanted a transfer to a certain prison, you could pay well-connected lawyers to make that transfer happen. After Florida then Department of Corrections (FDOC) …
Article • August 15, 2008
Class Representative’s Settlement Requires Court Scrutiny by At 298-99: Because of the representative nature of class suits and the numerous and sometimes divergent interests that are at stake, the court is charged with protecting the class members who, through their absence, are unable to protect themselves.... In order to carry …
Montana Public Defender's Deposition Subject to Public Scrutiny by The Billings Gazette, a Montana newspaper, sued in state court to compel disclosure of a deposition given by Yellowstone County's chief public defender, Sanford Selvey in connection with a civil action which resulted in Selvey's resignation as public defender. The trial …
$2 Million Confidential Settlement In CCA Prisoner’s 2004 Beating Death Revealed by Alex Friedmann $2 Million Confidential Settlement In CCA Prisoner's 2004 Beating Death Revealed by Alex Friedmann PLN has previously reported on the death of Estelle Richardson, a mentally ill prisoner who died at the CCA-operated Metro-Davidson County Detention …
Meet Gus Puryear: Bush's Latest Villainous Nominee for a Lifetime Judgeship by Silja JA Talvi This exclusive article was first published on Alternet, at: www.alternet.org/rights/84388 and www.alternet.org/rights/84491 By Silja J.A. Talvi, AlterNet Posted on May 5, 2008, Printed on May 7, 2008 Editor's Note: In 2004, Estelle Richardson's lifeless and …
Dennis the Menace by Arpaio's lawyer can't explain away his fudged résumé Phoenix New Times By Amy Silverman Published: December 27, 2007 On October 19, the day after New Times' owners were arrested, the county attorney very publicly fired special prosecutor Dennis Wilenchik. That same day, Bill French very quietly …
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