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Article • September 15, 2009
Texas Court of Appeals Orders Clerk to File Prisoner's Notice of Appeal by On November 26, 2008, a Texas court of appeals granted a petition for a writ of mandamus and ordered the District Clerk of Walker County, Texas, to file a prisoner's pro se notice of appeal. Clifford Allen …
Article • September 15, 2009
Filed under: Money/Property, Restitution
Florida Court Loses Jurisdiction to Enter Restitution Order upon Completion of Sentence by Florida’s Fifth District Court of Appeal has held that a trial court lacks authority to enter a restitution order against a defendant who has completed his sentence. The court’s order comes in the appeal of Kelly R. …
Article • September 15, 2009
Filed under: Sentencing, Good Time, Probation
Florida Prisoner Entitled to Previous Prison Credit upon Probation Violation by Florida’s Fourth District Court of Appeal reversed a trial court’s order, dismissing a Rule 3.800(a) motion to correct an illegal sentence, remanding with instruction to make a notation in the written sentence that the prisoner is entitled to receive …
Article • September 15, 2009
Forced Catheterization to Perform Drug Test Constitutional by On May 15, 2008, the Eighth Circuit U.S. Court of Appeals affirmed a lower court's grant of summary judgment to the defendants in a § 1983 action filed by 68-year-old Missouri prisoner Joel LeVine. LeVine alleged that the defendants, a guard and …
Article • September 15, 2009
Governor and His Chief of Staff Not Subject to Deposition by On August 14, 2008, a California magistrate judge issued an order requiring Governor Arnold Schwarzenegger, Chief of Staff Susan Kennedy and Deputy Cabinet Secretary Robert Gore (Defendants) to submit to depositions by Plaintiffs in a case involving California prison …
Article • September 15, 2009
Guard-Former Prisoner Relationships not Protected Association by The First Circuit Court of Appeal has affirmed a federal district court’s order dismissing the civil rights action filed by a Massachusetts Department of Corrections (MDOC) guard who was fired for conducting a romantic relationship with a former prisoner, in violation of Department …
Article • September 15, 2009
Habeas Corpus Granted to California Prisoner Denied Parole by Governor by In a decision filed December 12, 2008, a California Court of Appeal granted habeas corpus relief to state prisoner Clarence Burdan. The petition challenged the governor’s denial of a recommendation that Burdan be paroled. On June 21, 1984, Burdan …
Article • September 15, 2009
Houston Police Department Motion for Protective Order Denied by On October 10, 2008, A Texas district court declined to grant a full protective order restricting discovery filed by the Houston Police Department (HPD) in a case stemming from the fatal shooting of Roland Carnaby by two Houston police officers, Charles …
Article • September 15, 2009
Filed under: Police, False Arrest
Ninth Circuit Issues Mixed Opinion in False Arrest Case by On November 13, 2008, the Ninth Circuit U.S. Court of Appeals filed an amended opinion in a case argued by Nelson, E. Brestoff of Moskowitz, Brestoff, Winston, & Blinder, LLP, of Valencia, California on February 12, 2008. The case involved …
Article • September 15, 2009
Probation Revocation Documents not Testimonial Under Sixth Amendment by Following his December, 2006 conviction for capital murder, which resulted in a death sentence, Juan Ramon Meza Segundo filed a direct appeal listing 19 points of error, each of which were rejected on October 29, 2008, affirming his conviction and sentence. …
Article • September 15, 2009
Punitive Damages Alone Entitles Plaintiff to Attorney Fees under § 1988; Kerr-Selgas Doctrine Does not Apply to § 1983 Actions by Punitive Damages Alone Entitles Plaintiff to Attorney Fees under § 1988; Kerr-Selgas Doctrine Does not Apply to § 1983 Actions On January 30, 2009, the First Circuit remanded the …
Article • August 15, 2009 • from PLN August, 2009
Eleventh Circuit Reverses Dismissal of Challenge to Florida DOC Ban on Pen Pal Requests by The Eleventh Circuit Court of Appeals has reversed a district court order dismissing a Florida prisoner’s civil rights action that challenged a prison policy which prohibited him from sending letters to churches and ministers requesting …
Ohio Supreme Court Rules Sex Offender Residency Restrictions Not Retroactive by Matthew Clarke by Matt Clarke The Supreme Court of Ohio held that a state statute restricting sex offenders from residing within 1,000 feet of a school (R.C. 2950.031) did not apply to sex offenders whose home purchase and offense …
Eleventh Circuit Unpublished Decision on PLRA Administrative Exhaustion Requirements Trumped by Published Ruling by In an unpublished ruling, the Eleventh Circuit Court of Appeals held that summary judgment, rather than a motion to dismiss, was the proper procedure to determine whether a prisoner had exhausted administrative remedies under the Prison …
Article • August 15, 2009 • from PLN August, 2009
Denial of Bedding, Clothes to Florida Prisoner States Claim by Florida’s First District Court of Appeal held that a prisoner’s civil rights complaint alleging that a guard denied him blankets, bed sheets and clean clothing for four-and-a-half months, causing illness and injury, stated a claim that was sufficient to withstand …
Article • August 15, 2009 • from PLN August, 2009
Filed under: News, News in Brief
News in Brief: by Alabama: On May 25, 2009, Ashton Mink, 22, and Joshua Southwick, 26, escaped from the Perry County Corrections Center in Uniontown. The facility is owned and operated by LCS Corrections Services. The prisoners escaped when Ashton’s sister, Angela Mink, 25, and Jacquelin Mink, 25, his wife, …
Article • August 15, 2009 • from PLN August, 2009
Alabama Raises Rates Charged for Prisoner Labor by In October 2007, the Alabama Department of Corrections (DOC) began charging other government entities for prisoner labor, such as work crews that pick up highway trash. With the start of the next fiscal year on October 1, 2009, the DOC will raise …
Article • August 15, 2009 • from PLN August, 2009
District Court Erred in Sua Sponte Dismissal of Prisoner’s Challenge to Conditions of Confinement by The U.S. Court of Appeals for the Second Circuit reversed a district court’s sua sponte dismissal of a prisoner’s challenge to his conditions of confinement. Sala-Thiel Thompson, a federal prisoner, filed a habeas petition under …
Oregon Prosecutes Teen to Avoid Liability; Bizarre 2 1/2 Year Legal Battle Ends by Mark Wilson Oregon Prosecutes Teen to Avoid Liability; Bizarre 2 ½ Year Legal Battle Ends by Mark Wilson Seventeen year old David Simmons and his fourteen year old girlfriend began a sexual relationship which continued after …
Florida’s Private Prisons Still Lack Meaningful Oversight by David Reutter by David M. Reutter Florida’s Office of Program Policy Analysis and Government Accountability (OPPAGA) has issued a report that finds that oversight of the state’s private prisons has strengthened under the Department of Management Services (DMS) but significant weakness still …
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