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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 • January 15, 2009
California Thwarts Due Process In "Medically Disordered Offender" Post Release Commitment Trial by California Mentally Disordered Offender (MDO) Roy Cobb, Jr., appealed a court order, imposed after his statutory release date, committing him to the state hospital. The order was affirmed because Cobb was put on notice prior to his …
Article • January 15, 2009
Connecticut Police, City Liable For Withholding, Doctoring Evidence In False Arrest by Connecticut resident Christopher Russo appealed the dismissal of his 42 U.S.C. § 1983 action after being falsely arrested and imprisoned for over seven months. He was acquitted after police were forced to present exculpatory evidence. The ruling was …
Article • January 15, 2009
Florida Lethal Injection Methods Revised by Florida State death row prisoner Ian Lightbourne challenged the State's lethal injection procedures after the improper implementation of an execution. Revisions were made to the methods used and the petition was dismissed. The duration of the "botched" execution of Angel Diaz in 2006 was …
California Ex Deputy Sheriff's Incriminating Statements Not Protected Under POBRA by Ventura County (California) and it's sheriff's department (County) appealed an injunction preventing their use of statements made by ex deputy Michael Van Winkle who was under investigation for criminal activity. Van Winkle asserted that his statements were protected under …
California Police Officer's Disciplinary Records Ordered Produced In Excessive Force Case by The San Diego (California) Police Department (SDPD) sought review of an appellate court order to produce derivative information, discovered in an earlier case, regarding a police officer accused of using excessive force. The order was affirmed. Tariq Chambers …
Article • January 15, 2009
California Prisoner's Misdemeanor Battery Charge Statutorily Enhanced To Felony by The California Supreme Court determined whether a state hospital prisoner was subject to felony charges under § 2684 for attacking a non confined person. Joey Watson was found to be statutorily subject to felony charges. Watson was transferred to the …
Article • January 15, 2009
Child Support Obligation While Incarcerated Should Reflect Actual Earnings And Resources by West Virginia State prisoner Christopher Adkins appealed a 2006 court order denying his request to reduce or waive his support obligation while incarcerated. The denial was partially reversed and remanded to reflect his actual income and available resources. …
Criminal Suspect Policeman's Photo And Address Not Protected From Press by A Michigan State Policeman's wife, Dorothy Bailey, appealed her 42 U.S.C. § 1983 dismissal after Port Huron Police Department personnel revealed her and her husband's personal information to the press. The dismissal was affirmed. Bailey and her inebriated husband, …
Use of Questionable “Lie Detectors" by Law Enforcement Expands Nationwide by Matthew Clarke Use of Questionable “Lie Detectors” by Law Enforcement Expands Nationwide by Matt Clarke In the aftermath of the Sept. 11, 2001 terrorist attacks, law enforcement and other government agencies implemented new practices to obtain information from suspects …
PLN Attorneys Awarded $137,672 for Post-Settlement Work in CDCR Censorship Case by John Dannenberg PLN Attorneys Awarded $137,672 for Post-Settlement Work in CDCR Censorship Case by John E. Dannenberg On April 10, 2008, the U.S. District Court for the Northern District of California awarded $137,672 in supplemental legal fees and …
Article • December 15, 2008 • from PLN December, 2008
From the Editor by Paul Wright With the election past there has been a change in the faces of government and the election of Barak Obama is a historic occasion in US history with the election of a black man to the presidency for the first time. Whether there is …
Article • December 15, 2008 • from PLN December, 2008
Filed under: Medical, HIV/AIDS
Canadian Prisoner Recognized for Advocacy on Prisoner Health Issues by Canadian Prisoner Recognized for Advocacy on Prisoner Health Issues The Canadian HIV/AIDS Legal network and Human Rights Watch has recognized people and organizations that protect the rights and dignity of those living with or affected by HIV and AIDS. Peter …
$2.75 Million Verdict in Dehydrated Michigan Prisoner’s Death by A Michigan federal jury awarded $2.75 million to a prisoner’s estate in a case claiming deliberate indifference to serious medical needs. The prisoner, Jeffrey Clark, was having mental health problems and died due to the effects of dehydration and inhumanely hot …
Article • December 15, 2008 • from PLN December, 2008
StopMax: The Fight Against Supermax Prisons Heats Up by Jessica Pupovac “When I left Angola,” says Robert King Wilkerson, who spent 29 years in solitary confinement in Louisiana’s notorious Angola State Penitentiary for a crime he was later found innocent of, “I said, ‘I may be free of Angola, but …
Article • December 15, 2008 • from PLN December, 2008
Filed under: News, News in Brief
News in Brief: by Arkansas: On June 9, 2008, Rolanda Barron, 33, the director of nursing at the Tucker unit prison was arrested after a search disclosed she was smuggling tobacco into the prison as well as cell phones, cell phone chargers and batteries, all of which are prohibited in …
Article • December 15, 2008 • from PLN December, 2008
Filed under: Mental Health, Suicides
$635,000 Settlement in Wisconsin Woman Prisoner’s Suicide by The family of a Wisconsin prisoner who committed suicide has agreed to accept a $635,000 payment from the state to settle a federal lawsuit. The suit claimed that Taycheedah Correctional Institution (TCI) prisoner Angela Enoch was able to strangle herself with torn …
Article • December 15, 2008
Stick to Your Guns: Restoration of Tennessee "Firearm Rights" by David L. Raybin By David L. Raybin of Hollins, Wagster, Weatherly & Raybin, P.C. "When can I get my gun rights back now that I have finished serving my time?" Hopefully the client has the sense to even ask the …
Article • December 15, 2008
ARE FALSE IMPRISONMENT RECOVERIES TAXABLE? by Robert Wood By Robert W. Wood* News stories about prisoners released from custody following the discovery of exculpating evidence have become commonplace. As CSI fans will attest, one path that can lead to this result involves DNA evidence, a relatively recent scientific phenomenon.1 A …
Article • December 15, 2008
Dangers of a preventive detention law by David C Fathi By David C. Fathi | January 1, 2009 PRESIDENT-ELECT Barack Obama has said he'll close the US detention center at Guantanamo Bay. The question is how. If the government has evidence that Guantanamo detainees have committed crimes, it should put …
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