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Article • October 26, 2015 • from PLN November, 2015
Filed under: Frivolous Litigation
Prisoner Admits to Scheme to Defraud Catholic Church, Gets 33 More Months in Prison by Mark Wilson Prisoner Admits to Scheme to Defraud Catholic Church, Gets 33 More Months in Prison by Mark Wilson A prisoner serving a lengthy sentence for a series of Pennsylvania bank robberies has been sentenced …
Article • October 26, 2015 • from PLN November, 2015
Filed under: Appeals
Prisoner’s Lawsuit Dismissed Due to Abusive Language by Prisoner’s Lawsuit Dismissed Due to Abusive Language The Second Circuit Court of Appeals has held that abusive language directed towards a federal magistrate judge was sufficient grounds to dismiss a prisoner’s lawsuit. New York state prisoner Edward Koehl, while housed at the …
Article • October 26, 2015 • from PLN November, 2015
Ohio Appellate Court Orders Review of State Budget Over Private Prison Sale by Gary Hunter Ohio Appellate Court Orders Review of State Budget Over Private Prison Sale by Gary Hunter Ohio Governor John Kasich joined legislators in protesting an order by Ohio’s Tenth District Court of Appeals that instructed a …
Article • October 26, 2015 • from PLN November, 2015
Filed under: Appeals, Res Judicata
Ninth Circuit: Damages Suit Not Heck-barred by Retrial by Mark Wilson Ninth Circuit: Damages Suit Not Heck-barred by Retrial by Mark Wilson In “an unusual case,” the Ninth Circuit Court of Appeals held that a California murder conviction on retrial did not bar a damages suit for the first conviction, …
Article • October 23, 2015
Corrections Corporation of America (CCA) Stipulates to Confidentiality Order by Corrections Corporation of America (CCA) Stipulates to Confidentiality Order In 2005, plaintiff, Freedom From Religion Foundation, Inc., filed suit in the district court of New Mexico asserting that New Mexico’s faith-based prison programming violates the establishment clause and seeks to …
Article • October 23, 2015
Filed under: Appeals, Trials
Connecticut Supreme Court Invokes Supervisory Authority Reversing Conviction by Connecticut Supreme Court Invokes Supervisory Authority Reversing Conviction Calling the harm resultant of requiring a prisoner to wear a prison jumpsuit at jury trial an “unambiguous and indefensive” constitutional violation, the Supreme Court of Connecticut applied its supervisory authority in affirming, …
Article • October 23, 2015
Former Federal Prisoner’s Appeal Challenging Potential Self-Incrimination Dismissed as Moot by Former Federal Prisoner’s Appeal Challenging Potential Self-Incrimination Dismissed as Moot The U.S. Court of Appeals for the Eighth Circuit has dismissed a former prisoner’s appeal challenging, on Fifth Amendment grounds, the lower court’s revocation of his supervised release, the …
Brief • October 22, 2015
ACLU v. City of Colorado Springs, CO, Settlement and Release Agreement,2016 SETTLEMENT AGREEMENT AN]) RELEASE This Settlement Agreement and Release (the “Agreement”) is made by and among Shawn Hardman, Barry Crews, Danielle Zolna, and Justin Hamilton (collectively “Plaintiffs”), the American Civil Liberties Union Foundation of Colorado (“ACLU”), and the City …
Article • October 19, 2015
Massachusetts Supreme Court Rules on Fallout Procedures Implemented After Crime Lab Scandal by Matthew Clarke Massachusetts Supreme Court Rules on Fallout Procedures Implemented After Crime Lab Scandal by Matt Clarke On July 22, 2013, the Supreme Court of Massachusetts issued an opinion in three cases dealing with the validity of …
Article • October 19, 2015
CDCR Violates State Law by Outsourcing Prisoner Lawsuits to Private Attorneys by Joe Watson CDCR Violates State Law by Outsourcing Prisoner Lawsuits to Private Attorneys by Joe Watson The California Department of Corrections and Rehabilitation (CDCR) has again lost a fight with the State Attorneys' Union over outsourcing prison litigation …
Article • October 19, 2015
$40,000 for DUI Suspect over Destroyed Exculpatory Video by $40,000 for DUI Suspect over Destroyed Exculpatory Video A jury in the United States District Court for the Western District of Wisconsin decided, in December 2009, in favor of plaintiff Troy Scheffler in the amount of $40,000 for the county willfully …
Article • October 19, 2015
Filed under: Appeals, Death Row
Oklahoma Death Row Prisoners Lose Appeal by Oklahoma Death Row Prisoners Lose Appeal The Oklahoma Supreme Court, on April 23, 2014, affirmed in part, reversed in part, and dissolved a stay of execution shielding two condemned prisoners from a death by lethal injection sentence. Appellants Clayton Lockett and Charles Warner …
Article • October 19, 2015
Pennsylvania Prisoner Loses Hepatitis C Deliberate Indifference Suit by Pennsylvania Prisoner Loses Hepatitis C Deliberate Indifference Suit Before a magistrate for the United States District Court for the Western District of Pennsylvania on December 9, 2013, Pennsylvania Department of Corrections’ officials and medical staff prevailed on several fronts in separate …
Article • October 16, 2015
Nevada Jury Improperly Shown “GUILTY” Stamped Booking Photo by Nevada Jury Improperly Shown “GUILTY” Stamped Booking Photo On November 27, 2013, the Nevada Supreme Court reversed a Las Vegas man’s 2011 convictions and remanded the case for a new trial, holding that a PowerPoint slide showing his face with the …
Article • October 16, 2015
New Orleans’ Effort to Vacate Consent Decree Fails by David Reutter New Orleans’ Effort to Vacate Consent Decree Fails by David M. Reutter The Fifth Circuit Court of Appeals affirmed a Louisiana federal district court’s order denying the City of New Orleans’ (City) motion to vacate a consent decree related …
Article • October 15, 2015
No Risk of Self-Representation Colloquy Invalidates Oregon Conviction by No Risk of Self-Representation Colloquy Invalidates Oregon Conviction On July 23, 2014, the Oregon Court of Appeals reversed an Oregon woman’s convictions, finding that she did not understand the risks of self-representation. Christina Todd was charged with twelve prostitution-related offenses. By …
Article • October 15, 2015
California Prosecution Seeking to Commit Detainee as Sexually Violent Prisoner Limited in Discovery by California Prosecution Seeking to Commit Detainee as Sexually Violent Prisoner Limited in Discovery The California Appeals Court for the Fourth District, Division Two has limited the State of California’s (“State”) discovery to detainee’s “updated mental evaluation” …
Article • October 15, 2015
California District Attorney’s Records Subject to Disclosure through Prisoner’s Public Records Request by California District Attorney’s Records Subject to Disclosure through Prisoner’s Public Records Request The California Appeals Court for the Fourth District held that a district attorney’s office was required to produce records to a prisoner seeking them through …
Article • October 14, 2015
State Law Requires New York Officials to Pay Interest for Defaulting on Federal Settlement by State Law Requires New York Officials to Pay Interest for Defaulting on Federal Settlement The United States District Court for the Southern District of New York has ordered the City of New York and other …
Article • October 14, 2015
Nevada: Incorrect Analysis of Fact and Law is Harmless Error in Denying Motion for New Trial by Nevada: Incorrect Analysis of Fact and Law is Harmless Error in Denying Motion for New Trial The Nevada Supreme Court held that a trial court abused its discretion by wrongly categorizing a fact …
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