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Article • May 15, 2007
Attorney-Client Privilege Breached by The Supreme Court of Washington, en banc, held that a lawyer unethically revealed confidential information, thereby breaching the attorney-client privilege. William Hamilton retained attorney Douglas Schafer to aid him in forming a corporation in order to purchase a bowling alley from an estate represented by Grant …
Attorney's Must Have Express Authorization To Enter Into Settlement Agreements by In January 1995, Illinois State prisoner Donchii Malone was transferred to Stateville prison where he learned of a contract out on his life. Malone reported this to Warden Godinez and requested transfer to protective custody. Neither happened. A week …
Article • May 15, 2007
MN Lawyers Disciplined for Misuse of Legal Correspondence with Prisoner by In 2003-04, Eric C. Thole was a prosecuting attorney and John Lillie was a criminal defense attorney, both in Washington County, Minnesota. They established a capital ventures firm in partnership with Matthew Runningshield, who was serving time in a …
Article • May 15, 2007
Attorney Sanction for Failure to Comply with Pretrial Orders Upheld by Both plaintiff's and defendants' attorneys were sanctioned for failing to comply with the court's pre-trial order procedures, and plaintiff's attorney appealed (defense counsel's motion to vacate was still pending in the district court). At 125-26: A court has the …
Article • January 15, 2007 • from PLN January, 2007
Settlement Revamps Grant County, Washington Indigent Defense System; County Agrees to $1.1 Million in Attorney Fees by Grant County, Washington entered into a sweeping settlement to resolve a class-action lawsuit alleging that its indigent defense system was constitutionally deficient. Prior to February 12, 2004, Grant County ?maintained a contract system …
Lawyers Bilk Cornell for Millions, San Francisco Jail Scammed by In an attempt to recoup millions of dollars, private prison operator Cornell Companies, Inc., has filed lawsuits against lawyers entrusted to oversee the companys funds for land deals. Cornell, based in Huston filed the latest suit on August 26, 2005, …
Article • December 15, 2005 • from PLN December, 2005
"Actual Innocence" Rule Inapplicable to Breach of Contract by Lawyer by "Actual Innocence" Rule Inapplicable to Breach of Contract by Lawyer The Seventh Circuit Court of Appeals reversed a district court's dismissal of a diversity suit, holding that the actual innocence" rule does not bar claims of breach of contract/fiduciary …
North Carolina Prosecutors Reprimanded For Intentionally Withholding Crucial Exculpatory Evidence in by North Carolina Prosecutors Reprimanded For Intentionally Withholding Crucial Exculpatory Evidence in Capital Case by Matthew T. Clarke Alan Gell cried recently after a North Carolina State Bar panel issued a mere reprimand, the least discipline possible, to two …
Habeas Hints: Overcoming Post-Conviction IAC by Kent A. Russell Habeas Hints by Kent A. Russell This column provides "habeas hints" to prisoners who are considering or handling habeas corpus petitions as their own attorneys ("in pro per"). The focus of the column is habeas corpus practice under the AEDPA, the …
Article • July 15, 2005 • from PLN July, 2005
U.S. Supreme Court Holds California Policy Of Double-Celling By Race During Prison Intake Must Pass by Marvin Mentor U.S. Supreme Court Holds California Policy Of Double-Celling By Race During Prison Intake Must Pass Strict Scrutiny," Not Rational Relationship" Test by Marvin Mentor The U.S. Supreme Court ruled that the strict …
Chicago Jail Still Rife With Prisoner Abuse, Crimes By Guards by Chicago Jail Still Rife With Prisoner Abuse, Crimes By Guards by Matthew T. Clarke The Cook County Jail in Chicago, Illinois, remains the scene of controversy involving beatings of prisoners, stealing of drugs held for evidence, and guards having …
Article • May 15, 2005 • from PLN May, 2005
Los Angeles County Pays $300,000 To Settle Public Defender's Legal Malpractice by by John E. Dannenberg On October 4, 2004, the Los Angeles County, California Claims Board granted authority of $300,000 to settle a claim by a prisoner for legal malpractice on the part of the Public Defender, wherein the …
Article • March 15, 2005 • from PLN March, 2005
Ohio Lawyer Suspended for Promising Favor from Judge for Money by Ohio Lawyer Suspended for Promising Favor from Judge for Money by Robert H. Woodman Overruling a more lenient recommendation from the Board of Commissioners on Grievances and Discipline, the Ohio Supreme Court indefinitely suspended Dayton attorney Daniel L. O'Brien …
Kansas Sheriff, Lawyer, Jailed for Sweetheart Jail Contract by Negotiating their way out of 21 felony bribery charges, a former Kansas sheriff and a lawyer-cum-executive for a private prison contractor each pled guilty to two misdemeanor counts of conflict of interest on December 18, 2002, getting only one year in …
Georgia Jury Awards $325,000 to Prisoner's Widow in Legal Malpractice Case by Georgia Jury Awards $325,000 to Prisoner's Widow In Legal Malpractice Case On July 13, 2002, a Carroll Counrty, Georgia, jury awarded $325,000 to the widow of a prisoner who allegedly died due to medical malpractice and neglect. The …
California Prison Guards' Attorneys Convicted in Dog Mauling by Marvin Mentor On March 21, 2002, a San Francisco, California husband and wife attorney team, Robert Noel and Marjorie Knoller, who for years had defended prison guards at maximum security Pelican Bay State Prison (PBSP), were themselves convicted of manslaughter when …
The Crime of Being Poor by Paul Wright "The law in its majestic equality, forbids the rich as well as the poor to sleep under bridges, to beg in the streets and to steal bread." _ Anatole France A central part of the mythology of the criminal justice system in …
Article • May 15, 2003 • from PLN May, 2003
Head of Counsel for Texas Prisoners Fired by In September 2002, the Texas Board of Criminal Justice fired John Fant, head of the State Counsel for Offenders (SCFO), after an investigation revealed that he had lied on a 10-year-old employment application. In a written statement, the prison board alleged that …
California Guards Convicted of Arranging Prison Beatings, New Conspiracy Accusations Leveled by by Marvin Mentor On May 15, 2002, a federal criminal jury convicted two Pelican Bay State Prison (CA) guards of violating the civil rights of eight prisoners whom they conspired to have beaten and stabbed - two fatally; …
Criminal Guards and Escaping Prisoners in Texas by On July 21, 2002, Lt. Rick McCullough was arrested for assaulting two female guards at the Riverside State Prison for women in the central Texas town of Gatesville. McCullough, 41, a Texas prison guard assigned to the nearby Woodman State Jail for …
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