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Indigent Texas Prisoners May No Longer be Required to Repay Cost of Court-Appointed Counsel by by Bill Habern On March 11, 2009, the Texas Court of Appeals in Amarillo issued an opinion in a case involving Gilbert Alexander Perez, an indigent defendant. Perez raised two issues on appeal. First was …
Fabian et al v. Dunn et al, TX, Order, juvenile immigrant detainees guard brutality denial of counsel, 2009 Fabian et al v. Dunn et al Doc. 189 In the United States District Court for the Western District of Texas Emerson Gaitan Fabian v. Maureen Dunn, et. al. § § § …
State, Not County, Required to Pay Attorney Fees in Georgia Death Penalty Cases by On March 9, 2009, the Georgia Supreme Court affirmed a lower court’s order holding the Georgia Public Defender Standards Council (“Council”), in contempt for refusing to pay two defense lawyers in a death penalty case. The …
Article • June 15, 2009 • from PLN June, 2009
Cost of Defending Federal Death Penalty Cases on the Rise by Brandon Sample The cost of defending federal death penalty cases has increased sharply since 1998, according to a preliminary report by the Judicial Conference Committee on Defender Services. Congress first revived the federal death penalty in 1988, authorizing capital …
New Jersey Prison Officials Denied Summary Judgment In ADA Action by U.S. District Judge Jerome B. Simandle has denied summary judgment to New Jersey prison officials alleged to have violated the Americans with Disabilities Act (ADA). Eddie Williams, a New Jersey prisoner, sued prison officials alleging that he was denied …
Article • April 15, 2009
Florida Supreme Court Rules Secondary Public Defenders Office Constitutional by The Supreme Court of Florida has ruled constitutional the creation of a back-up to the public defenders office. The Florida Association of Criminal Defense Lawyers, Inc. filed suit, alleging that the state had violated article V, section 18 of the …
Article • April 15, 2009
Fifth Circuit Affirms Appointment of Counsel For Indigent Prisoner by On May 7, 1980, the U.S. Court of Appeals for the Fifth Circuit affirmed the appointment of counsel for an indigent prisoner alleging that his constitutional rights had been violated. William Knighton, a Mississippi prisoner, sued Mississippi prison officials over …
California Juvenile Parolees Entitled to Two-Step Revocation Process; Case Settles by John Dannenberg California Juvenile Parolees Entitled to Two-Step Revocation Process; Case Settles by John E. Dannenberg The U.S. District Court for the Eastern District of California has held that the rights of California juvenile parolees were violated by the …
Article • February 15, 2009
Nevada Seeks Non Judicial, Independent Appointment of Public Defenders by The Nevada Supreme Court ordered the creation of an Indigent Defense Commission (IDC) in 2007 to study and make suggestions regarding concerns for the selection, appointment, compensation, qualifications, performance standards and caseloads of public defenders. The Public Defender's Office was …
Article • February 15, 2009 • from PLN February, 2009
Pennsylvania Prisoner Appointed Counsel on Retaliation / MRSA Infection Claims by Pennsylvania Prisoner Appointed Counsel on Retaliation / MRSA Infection Claims A Pennsylvania federal district court appointed counsel to a prisoner in a lawsuit claiming he contracted a serious infection and faced retaliation after filing grievances about his medical condition. …
Article • January 15, 2009
Denial of Counsel in Civil Case Prejudicial; Court Outlines Standard for Appointment by by David M. Reutter In an en banc decision, the Seventh Circuit U.S. Court of Appeals set standards for a district court to consider when a pro se litigant in a civil case requests appointment of counsel. …
Article • January 15, 2009
No Right to Appointed Counsel In Washington Marriage Dissolution Proceeding by Washington State resident Brenda King appealed the denial of state funded counsel in a child custody based dissolution of marriage proceeding. The court affirmed the denial holding that no right to free counsel existed in a dissolution proceeding. Brenda …
Article • November 15, 2008 • from PLN November, 2008
CA Justice Commission: “Low bid, flat fee” Defense Attorney Hiring Scheme Shortchanges Indigent Criminal Defendants by John Dannenberg by John E. Dannenberg The California Commission on the Fair Administration of Justice (Commission) charged that the practice of California counties to use competitive bidding for private attorneys to represent indigent criminal …
Crack Cocaine Offenders Denied Representation for Sentence Reductions by Brandon Sample Crack Cocaine Offenders Denied Representation for Sentence Reductions by Brandon Sample In the wake of the U.S. Sentencing Commission’s decision to reduce penalties for federal crack cocaine offenses, and to make those changes retroactive effective March 3, 2008, crack …
Fifth Circuit: Texas Prisoners Cannot be Disciplined for Trust Fund Deposits Initiated by Others by Matthew Clarke by Matthew T. Clarke The Fifth Circuit Court of Appeals held that prison officials must introduce evidence that a prisoner participated in a monetary transfer before they can discipline him for trafficking and …
Eighth Circuit: Administrator of Prisoner's Estate May Not Sue Pro Se by On March 29, 2005, the Eighth Circuit Court of Appeals held that the administrator of the estate of a prisoner who died of cancer while incarcerated in the Arkansas Department of Corrections may not file a suit for …
Court Rejects Disciplinary Habeas on Merits, Despite Time Bar by The plaintiff's habeas challenge to a disciplinary proceeding is time-barred under AEDPA, since the proceeding was concluded in 1997 and the plaintiff missed the one-year grace period provided by the statute. The court finds no authority supporting a requirement that …
Article • August 15, 2008
ID Prisoner's State Habeas Action Properly Dismissed Without Appointing Counsel by Kenneth Quinlan, an Idaho state prisoner, was sentenced to life on a 1973 murder conviction. He was paroled in 1985 and his parole was revoked in 1994. At the time of his conviction the parole board had to consider …
Article • August 15, 2008
Ninth Circuit Faults Mootness Dismissal, Denial of Counsel by The Ninth Circuit Court of Appeals vacated the mootness dismissal of an Idaho prisoner’s conditions of confinement suit. The Court also found that it was an abuse of discretion to dismiss without ruling on the prisoner’s request for appointment of counsel. …
Article • July 15, 2008 • from PLN July, 2008
California Juvenile Parolees Entitled to Two-Step Revocation Process by John Dannenberg by John E. Dannenberg The U.S. District Court for the Eastern District of California has held that the rights of California juvenile parolees were violated by the single-hearing revocation process used by the Juvenile Parole Board (JPB). Nevertheless, the …
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