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Article • August 15, 2008
Grant of Out-of-Time Appeal in Texas Allows Filing of Motion for New Trial by On January 24, 2007, the Texas Court of Criminal Appeals (CCA) held that, when it grants a habeas petitioner relief in the form of an out-of-time appeal, the defendant may file a motion for new trial …
Article • August 15, 2008
Grant of Out-of-Time Appeal in Texas Allows Filing of Motion for New Trial by On January 24, 2007, the Texas Court of Criminal Appeals (CCA) held that, when it grants a habeas petitioner relief in the form of an out-of-time appeal, the defendant may file a motion for new trial …
Article • August 15, 2008
Failure to State Claim Dismissal Reviewed De Novo by The plaintiff's claim that he was denied due process by lack of notice is rejected; exactly why is not stated. Violation of prison rules concerning disciplinary hearings does not deny due process. The record showed some evidence to support the charge. …
Article • August 15, 2008
Plaintiff Barred “For Life” from Filing Lawsuits Without Court Permission by The plaintiff has filed 34 federal civil lawsuits, 17 of which have been dismissed as frivolous; two are proceeding to trial; others have been dismissed for failure to prosecute or to comply with court orders. This lawsuit largely repeats …
Article • August 15, 2008
Transfer, Dismissal of Suit as Sanction Upheld by The plaintiff, subject to sanctions orders in the Western District of Texas and the Fifth Circuit, filed suit in the Eastern District, where venue was improper, apparently to avoid a rule in the Southern District, which provided for honoring the sanctions orders …
Denial of AIDS Medication, Food to Texas Jail Prisoner Upheld by The plaintiff, prescribed AZT and Crixivan, got no Crixivan for five days and then half-doses for the next 15 days. When he saw a doctor after 19 days, his dosage was promptly increased. He was not able to get …
State Officials Not Liable for Heat Stroke Death of 12 Year Old Boy by State Officials Not Liable for Heat Stroke Deaht of 12 Year Old Boy This is the case of Andrew Lemoine, the 12-year-old boy on antipsychotic medications who died of heat stroke after being made to build …
Firing of Abusive Texas Prison Guards Upheld by The plaintiff correctional officers were fired for misconduct in connection with a use of force. After acquittal in their criminal trials, the prison system refused to restore their jobs. They claimed that the prison system had suppressed exculpatory evidence. Their claims are …
Article • August 15, 2008
No One Liable for Denial of Medical Care to Houston Jail Asthmatic by The plaintiff was arrested and arrived at the police station having an asthma attack. She asked to see a doctor and was told that the clinic was closed. She said she was not medically screened; the clinic …
Article • August 15, 2008
All Plaintiffs Must Sign Motion to Amend Complaint by A prisoner may be denied leave to amend a complaint before responsive pleadings are filed where co-plaintiffs have not joined in the motion. The plaintiff said that he relied on an order by the district court barring the other plaintiffs from …
Fifth Circuit Upholds Convictions of Three INS Officers by The Fifth Circuit has upheld the convictions and sentences of three Immigration and Naturalization Service (INS) deportation officers for excessive use of force and deliberate indifference to the serious medical needs of a prisoner. Richard Gonzales, Louis Gomez and Carlos Reyna …
Article • August 15, 2008
Texas Supreme Court Upholds Sex Offender Civil Commitment Statute by by Matthew T. Clarke On May 20, 2005, the Supreme Court of Texas held that the Texas Civil Commitment of Sexually Violent Predators Act (the Act), Chapter 841, Texas Health and Safety Code, is not punitive and therefore is constitutional. …
TDCJ Denied Qualified Immunity in Employee's Unconstitutional Termination Suit by John F. Fant, a former Legal Services Director for a division of the Texas Department of Criminal Justice (TDCJ), appealed a 2003 U.S. District Court decision denying his motion for dismissal of a lawsuit based on qualified immunity grounds. The …
Article • August 15, 2008
Guard Aided Escape Results in Murder, Rape and Texas Federal Prisoner's Death Sentence by Federal prisoner Sherman Fields filed a direct appeal of his convictions and death sentence for murder and rape following his armed escape from the privately-operated McClennan County Detention Center (MCDC) in Waco, Texas. His convictions and …
Article • August 15, 2008
Black Prisoner Jailed With Violent White Supremacist: $40,000 Settlement by Reginald Swisher was a prisoner in the Travis County Jail in Austin, Texas. He was allegedly celled with another prisoner whom jail officials knew was a white supremacist who had assaulted, injured and maimed several other black prisoners and was …
Article • August 15, 2008
Texas Prisoners Not Entitled to Request Documents While Incarcerated by Texas state prisoner James Walker appealed a state court's dismissal of his action to compel the Texas Department of Criminal Justice (TDCJ) to produce documents he requested under the Public Information Act (Act). The appellate court affirmed the dismissal, as …
Documents Withholding by Texas Guards Fails to State Claim; Suit Dismissed as Frivolous by Texas prisoner Keith Thomas appealed a 2003 state court dismissal of his suit for being frivolous. He claimed that guards at the Barry Telford Unit (BTU) in New Boston, Texas withheld documents regarding a lawsuit he …
Article • August 15, 2008
Statutory Disclosure Intent Enforced, Texas Mental Health Department Abuse Incidents Ordered Disclosed by Texas Attorney General (AG) Greg Abbott appealed a 2006 court ruling denying the disclosure of records related to incidents of abuse at Texas Department of Mental Health and Mental Retardation (TDMHMR) facilities. The ruling was reversed and …
More Prisoners Murdered in Texas Federal Prisons by Gary Hunter Until February 13, 2008, Ronald Joseph, 29, was serving time at a federal penitentiary in Beaumont, Texas for firearm and drug-related convictions. On that date he was found dead in his cell; a preliminary autopsy report indicated he had been …
Fifth Circuit: Federal Prisoner Loses Retaliation Suit but U.S. Attorney Sanctioned by John Dannenberg by John E. Dannenberg A federal prisoner in Texas sued prison officials for retaliating against him for filing grievances. While the court found for the defendants, it nonetheless sanctioned two Assistant U.S. Attorneys $500 for procedural …
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