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Article • April 15, 2011
New York Supreme Court Denies Challenge to the Voluntariness of Plea by The Supreme Court of New York, Appellate Division, denied a prisoner’s challenge of the voluntariness of his plea agreement despite waiving his right to appeal. Claudio Nunez was charged in Sullivan County with aggravated harassment of a guard …
Article • April 15, 2011
First Circuit Enters Stay to District Court Proceedings Following Interlocutory Appeal by On August 4, 2010, the U.S. Court of Appeals for the First Circuit stayed district court proceedings in a 42 U.S.C. § 1983 suit following an interlocutory appeal by three Boston police officers who were sued in their …
Brief • April 1, 2011
State of Ohio v. Broom, OH, Judgment, 8th Am death penalty failed execution, 2011
Eighth Circuit Dismisses Appeal Where Parties Attempted to Manufacture Jurisdiction by The U.S. Court of Appeals for the Eighth Circuit has rejected an attempt by the parties in a suit against Corrections Corporation of America (CCA) to manufacture appellate jurisdiction for an interlocutory appeal from a district court’s grant of …
Article • June 15, 2010 • from PLN June, 2010
Habeas Hints: Certificate of Appealability by Kent A. Russell by Kent Russell This column is intended to provide “habeas hints” to prisoners who are considering or handling habeas corpus peti-tions as their own attorneys (“in pro per”). The focus of the column is habeas corpus practice under AEDPA, the 1996 …
Failure to Raise Issue in Rule 50 Motion Prohibits Argument on Appeal; $214,000 Verdict Upheld by The Sixth Circuit Court of Appeals has affirmed a jury’s verdict that found a municipality liable despite there being no finding of liability on the part of the individual defendants. The facts in this …
Brief • February 22, 2010
Filed under: Appeals, Expert Witnesses
Caballero v. Hospital Espanol Auxilio Mutuo de Puerto Rico, Appeal from Magistrate's Order (2010) Case 3:07-cv-01665-ADC-JA Document 71 Filed 02/22/2010 Page 1 of 12 UNITED STATES DISTRICT COURT DISTRICT OF PUERTO RICO RITA CABALLERO; GRISELLE MIRANDA CABALLERO Plaintiffs CIVIL NO. 07-1665 (ADC) v. HOSPITAL ESPANOL AUXILIO MUTUO DE PUERTO RICO, …
Article • February 15, 2010 • from PLN February, 2010
Failure to Raise Issue in Rule 50 Motion Prohibits Argument on Appeal; $214,000 Verdict Upheld by The Sixth Circuit Court of Appeals has affirmed a jury’s verdict that found a municipality liable despite there being no finding of liability on the part of the individual defendants. The facts in this …
Brief • January 19, 2010
Filed under: Appeals
Schwarzenegger, CA, Order dismissing Appeals, Prison Pop, 2010 (ORDER LIST: 558 U.S.) TUESDAY, JANUARY 19, 2010 APPEALS -- SUMMARY DISPOSITION 09-416 09-553 ) ) ) SCHWARZENEGGER, GOV. OF CA V. PLATA, MARCIANO, ET AL. CA STATE REPUBLICAN LEGISLATOR V. PLATA, MARCIANO, ET AL. The appeals are dismissed for want of …
Seventh Circuit Reverses Dismissal of 8th Amendment and FTCA Medical Claims; Case Settles on Remand for $20,000 by The U.S. Court of Appeals for the Seventh Circuit has reversed, for the second time, a grant of summary judgment to two Bureau of Prisons (BOP) medical employees and the United States …
Reversal of Summary Judgment to BOP Doctor Accused of Deliberate Indifference by Brandon Sample The U.S. Court of Appeals for the Seventh Circuit has reversed a grant of summary judgment to a Bureau of Prisons (BOP) doctor accused of denying a death row prisoner needed eye surgery. Arboleda Ortiz, a …
Inhumane Illinois Cell Conditions Defeat Summary Judgment by The Seventh Circuit Court of Appeals has held that guards are not entitled to qualified immunity for confining a prisoner in inhumane conditions. That ruling came on the heels of a district court’s order granting summary judgment to two guards at Illinois’ …
New Trial Ordered After Evidence of Set-Up Excluded by The Court of Appeals for Missouri has ordered a new trial in a case where a former prisoner alleged that he was set up by police. In 1985, Oren Gamble was charged with burglary based on information provided by Larry McCoy. …
Article • December 15, 2009
Fees and Costs Awarded Against Washington State DOC in Public Records Appeal by On July 25, 2005, a Washington State Court of Appeals awarded a citizen additional fees and costs incurred in a Public Records Act (PRA) suit. John R. Berg requested disclosure from the Washington State Department of Corrections …
Statute of Limitations Bars Damages Claim for Voluntary Participation in Human Experiments; Ninth Circuit Reverses and Remands; Case Settles for $1.5 Million by An Oregon federal district court granted summary judgment against a former prisoner who brought suit on his behalf and that of a class of Oregon Department of …
Article • November 15, 2009 • from PLN November, 2009
Texas Supreme Court: Prisoner May Appeal Despite Incomplete Indigence Affidavit by Matthew Clarke by Matt Clarke On May 16, 2008, the Supreme Court of Texas held that an indigent prisoner whose indigence was uncontested may proceed with an appeal despite deficiencies in his affidavit of indigence. Lawrence Higgins, a Texas …
Ninth Circuit: “Three Strike” Conviction Does Not Allow Use of Old Offenses for Impeachment Purposes in § 1983 Suit; Heck Does Not Bar Admission of Evidence by John Dannenberg Ninth Circuit: “Three Strike” Conviction Does Not Allow Use of Old Offenses for Impeachment Purposes in § 1983 Suit; Heck Does …
Article • October 15, 2009
Texas Supreme Court: Mailbox Rule Applies to Notice of Appeal by On June 29, 2007, the Supreme Court of Texas held that the “mailbox rule” for incarcerated litigants applies to a civil notice of appeal. Armando Ramos, a Texas state prisoner, filed a medical malpractice suit in state court. The …
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 …
No Appeal of Immunity Defenses if Case Under Advisement by Immunity defenses may not be reviewed by way of appeal when a district court still has the matter “under advisement” before a magistrate judge, the U.S. Court of Appeals for the Fifth Circuit decided July 23, 2008. Raul Meza sued …
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