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Article • March 15, 2005 • from PLN March, 2005
Massachusetts Court Imposes Time Limits For Unrepresented Criminal Defendants by The Supreme Judicial Court of Massachusetts held that if an attorney is unavailable to represent an indigent criminal defendant, the defendant must be released within 7 days and the case against that defendant dismissed within 45 days. This consolidated case …
Article • May 15, 2004 • from PLN May, 2004
County Public Defender Liable for Wrongful Conviction by The U.S. Ninth Circuit Court of Ap-peals, sitting en banc, reinstated a former Nevada Death Row prisoner's 42 U.S.C. § 1983 suit against Clark County, Nevada, and the County's Chief Public Defender. Roberto Miranda was convicted of a 1981 murder and sentenced …
Article • May 15, 2003 • from PLN May, 2003
Head of Counsel for Texas Prisoners Fired by In September 2002, the Texas Board of Criminal Justice fired John Fant, head of the State Counsel for Offenders (SCFO), after an investigation revealed that he had lied on a 10-year-old employment application. In a written statement, the prison board alleged that …
Then They Came for the Lawyers: The Persecution of Lynne Stewart by On April 9, 2002, in a chilling first application of the USA-Patriot Act (pushed into law after 9-11), the U.S. government indicted attorney Lynne Stewart along with three Arab men, Mohammed Yousry, Ahmed Abdel Sattar, and Yassir Al-Sirri. …
Actual Innocence--Five Days to Execution and other Dispatches From the Wrongly Convicted by Roger Hummel By Barry Scheck, Peter Nuefeld, and Jim Dwyer Review by Roger Hummel Since 1963, at least 381 murder convictions across the nation have been reversed because of police or prosecutorial misconduct yet not one of …
Change in Fulton County, GA: Indigent Defense, HIV, and Community Organizing by Lisa Zahren The Fulton County Jail in Atlanta is the largest jail in Georgia, with approximately 3,000 prisoners held there for months and sometimes years waiting for their cases to be resolved or to be transferred to a …
South Dakota Eliminates Law Libraries by On May 17, 1999, the South Dakota Department of Corrections settled a lawsuit that eliminates law libraries in the state's prisons and replaces them with limited assistance from a legal contractor. Under the terms of the settlement, South Dakota's four main prisons will maintain …
Article • July 15, 1999 • from PLN July, 1999
Iowa to Close Prison Law Libraries by In February, 1999, Iowa Department of Corrections director W.L. "Kip" Kautzky announced that within the next two years all prison law libraries in Iowa would be phased out. Kautzy claimed that the state of Iowa currently spends $500,000 a year to maintain its …
Article • December 15, 1998 • from PLN December, 1998
Legal Services Corporation Restrictions Affirmed by Paul Wright By Paul Wright In the October, 1997, issue of PLN we reported Legal Aid Society of Hawaii v. Legal Services Corporation, 981 F. Supp. 1288 (D HI 1997), which held that some congressional restrictions on groups that accept Legal Services Corporation (LSC) …
Article • December 15, 1998 • from PLN December, 1998
Prisoners' Legal Services of NY Victim of Budget Ax by Dan Pens September 13, 1971 Bloody Monday. New York Governor Nelson Rockefeller unleashes a firestorm of bullets and shotgun blasts into Attica's D-Yard. Eight minutes and 3,000 rounds of ammo later, 29 prisoners and 10 hostages lay fatally gunshot in …
Article • February 15, 1997 • from PLN February, 1997
Inadequate Public Defender Funding Unconstitutional by A federal district court in Illinois held that a lack of adequate funding for public defenders assigned to represent indigent defendants in state court appeals violates the federal constitution when it causes delays in excess of two years. Over the past ten years the …
Article • January 15, 1996 • from PLN January, 1996
Filed under: Attorneys, Public Defenders
WADA Squeezed Out of Existence by Dan Pens The Washington Appellate Defenders Association (WADA) ceased operating on July 31, 1995, because the nonprofit firm and the state could not agree to terms for a new contract. Patricia Novotny, WADA's assistant director said, "Our decision wasn't, not to re-sign [the contract], …
Article • December 15, 1995 • from PLN December, 1995
Court Access May Require Counsel by The court of appeals for the ninth circuit has affirmed a lower court ruling holding that the right of court access requires either access to law libraries or the assistance of counsel only through the pleadings stage of civil rights complaints or habeas corpus …
WA Passes Record Anti-Prisoner/Defendant Legislation by Paul Wright By Paul Wright In the March, 1995, issue of PLN I gave a rundown on most of the anti-prisoner and defendant legislation then pending in the legislature. After we had gone to press for that issue Ida Ballasiotes, the rabid chair of …
Article • April 15, 1995 • from PLN April, 1995
Death Penalty Challenged by Philadelphia Public Defenders by Dale Gardner Philadelphia's Public Defenders, Bar Association and Institutional Law Project Committee challenged the constitutionality of Pennsylvania's death penalty this October (1994), filing legal challenges in 78 murder cases including their clients. The Defender Association of Philadelphia contends the law is "broadly …
WA Prisoners Under Attack by Paul Wright By Paul Wright Someone once said that no citizen's life, limb or property was safe while the legislature was in session. Substitute "Prisoner" for "citizen" and you have an idea of what things are like in Washington. Fortunately, the Washington state legislature is …
Article • October 15, 1994 • from PLN October, 1994
Federal Public Defenders Govt. Employees for FTCA by Joseph Sullivan is a federal prisoner who filed suit against the two federal public defenders who represented him in a parole revocation proceeding. Sullivan initially filed suit in federal court under the court's diversity jurisdiction. In a previous decision the seventh circuit …
Article • August 15, 1994 • from PLN August, 1994
Filed under: Attorneys, Public Defenders
Suit Challenges Inadequate PD Funding by Marc Lee By Marc Lee Many lawsuits have been filed throughout this country addressing the problems in indigent defense programs. Although many of these lawsuits have been successful in showing the inadequacies in the indigent defense programs, for the most part they have been …
Article • September 15, 1993 • from PLN September, 1993
FLA Death Penalty Games by Frank Valdez I'm in the midst of challenging the reappointment of a guy named Spalding to the Capital Collateral Representative (CCR) post of Florida (that's the state funded agency that handles collateral appeals for indigent capital/condemned prisoners). I'm still on direct appeal, but I feel …
Article • September 15, 1992 • from PLN September, 1992
Federal Public Defenders Broke by The Administrative Office of the U.S. Courts has announced that court appointed lawyers, investigators, psychologists and other experts used by the defense will not be paid after June 17, 1992, until the new fiscal year begins on October 1, 1992, because the government "ran out …
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