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Article • November 7, 2016 • from PLN November, 2016
Oregon Parole Board Incorrectly Prohibited Legal Assistant from Speaking at Parole Hearing by Mark Wilson Last year, the Oregon Court of Appeals held that a prisoner was improperly compelled to choose between having his mother or a legal assistant speak on his behalf at a parole hearing. Oregon state prisoner …
ACLU Sues California as Incompetent Defendants Wait in Jail for Mental Health Treatment by Joe Watson The ACLU filed a lawsuit last year on behalf of defendants declared incompetent to stand trial who languish in county jails across California while they await transfers to state mental health facilities. When the …
Collecting Unpaid Booking Fees in Colorado may be Illegal, Experts Say by Joe Watson According to legal experts, unpaid jail booking fees that sheriff’s departments across Colorado have collected for years may violate state law if the fees are being taken from people who are repeatedly arrested, such as the …
New York Settles Indigent Defense Suit; $5.5 Million in Attorney Fees by Plaintiffs filed a state court class-action suit alleging the system of indigent legal services for defendants in New York criminal cases was unconstitutionally deficient. On October 22, 2014, the state and the New York Civil Liberties Union (NYCLU), …
Nebraska Supreme Court Says Prisoners Have No Constitutional Right to Own a Typewriter by Lonnie Burton On September 9, 2016, the Nebraska Supreme Court dismissed a complaint filed by a prisoner who was not allowed access to his personal typewriter, ruling that under the United States Constitution, prisoners do not …
Article • October 3, 2016 • from PLN October, 2016
Seventh Circuit: Jailhouse Lawyer’s Help No Reason to Deny Appointment of Counsel by Gary Hunter The U.S. Seventh Circuit Court of Appeals has reversed a lower court ruling that denied appointment of counsel to a prisoner because he received legal help from another prisoner. Ladell Henderson had a fifth grade …
More Lawyers, Same Injustice by By Oren Nimni & Nathan J. Robinson, Current Affairs A case in Georgia has become notorious for its profanity. But it also says something about our public defender system… Last month, in a Georgia courtroom, defendant Denver Fenton Allen appeared in front of Judge Bryant Durham, …
Article • September 8, 2016
Filed under: Judiciary, Restitution
IFRP Restitution Issues May Not Be Delegated to BOP by Sentencing Judge by Derek Gilna The U.S. Court of Appeals for the 9th Circuit has ruled that "a sentencing court must review the issue of defendant restitution, not simply order "immediate" repayment and delegate the details of the actual payment …
Article • September 6, 2016
Supreme Court: Judges Who Were Significantly Involved in Cases as Prosecutors Must Recuse by There is a risk of bias that is impermissible under the Due Process Clause where the judge in a case previously had significant, personal involvement in a critical decision in the case while serving as prosecutor.  …
Brown v. DPSCS, MD, Amended Complaint, Discrimination Against Blind Prisoners, 2016 Case 1:16-cv-00945-RDB Document 20 Filed 09/06/16 Page 1 of 33 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND ANTHONY BLUE STEVEN BROWN WILBERT DELANO GREGORY HAMMOND SEDRIC HOLLEY RUSSELL HOPKINS JOHNNIE JAMES TYRELL POLLEY MAYNARD SNEED …
Poor Parents Fail to Pay Child Support, Go to Jail by Matthew Clarke Child support is an enormous issue in the United States. In August 2015, Mark Greenberg, the Acting Assistant Secretary for the Administration for Children and Families, a division of the U.S. Department of Health & Human Services, …
From the Editor by Paul Wright A lot has been written about mass incarceration and the role drug laws have played in boosting the nation’s prison and jail population. While it is intuitive to expect prisoners to be accused or convicted of criminal offenses, the reality is that tens of …
Publication • September 1, 2016
Lenient in Theory, Dumb in Fact - Prison, Speech, and Scrutiny, Shapiro, 2016 \\jciprod01\productn\G\GWN\84-4\GWN403.txt unknown Seq: 1 19-JUL-16 10:28 Lenient in Theory, Dumb in Fact: Prison, Speech, and Scrutiny David M. Shapiro* ABSTRACT The Supreme Court declared thirty years ago in Turner v. Safley that prisoners are not without constitutional …
Publication • September 1, 2016
Filed under: Legal Materials
Anatomy of the Modern Prisoner's Rights Suit - A Practictioner's Guide, Pace Law Review, 2004 24 Pace L. Rev. 691, * Copyright (c) 2004 Pace Law Review Pace Law Review Spring, 2004 24 Pace L. Rev. 691 LENGTH: 13142 words ANATOMY OF THE MODERN PRISONERS' RIGHTS SUIT: A Practitioner's Guide …
MN Judge Sends HIV-Positive Prisoner to Psych Hospital, Blasts System that Jails Mentally Ill by A Minnesota judge in April 2012 blamed political indifference for a justice system that warehouses the mentally-ill in county jails and ultimately led to a guard's death 10 weeks after he fought with a schizophrenic …
Article • August 26, 2016
GAO Study: Federal Grants Bypass Indigent Defense In Favor of Law Enforcement by A report from the Government Accountability Office (GAO) confirms what most criminal defendants too poor to pay for an attorney already assumed: While hundreds of millions in federal tax dollars support prosecutors and law enforcement every year. …
Article • August 25, 2016
Texas Criminal Court Fees Are a Secret Tax on the Poor by The Texas Legislature has erected such a mishmash of criminal court fees that even the- court administrators and clerks don't know how to apply them. These fees, which are frequently not used for their intended purposes amount to …
Second Circuit Upholds Implicit Waiver of Appearance at Disciplinary Hearing by Bruce Smith was a New York state prisoner when he was charged with the disciplinary infraction of fighting with another prisoner. On the day of his disciplinary hearing, Smith was brought to the hearing room, but the hearing officer …
Article • August 24, 2016
Oregon Court Improperly Holds Library Denial Claim is Heck-Barred by On July 31, 2014, an Oregon federal court erroneously dismissed a denial of law library claim, as barred by Heck v. Humphrey, 512 U.S. 477 (1994). On August 2, 2002, Seth Edwin Koch was convicted of two counts of Aggravated …
Article • August 19, 2016
Filed under: Indigent Defense, Bail
Connecticut Supreme Court: Bail May Be Used to Protect Others by In an opinion handed down on November 3, 2015, the Supreme Court of Connecticut held that a man who had been acquitted by reason of insanity could be held in prison subject to a bond he could not afford …
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