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Nebraska District Court Rules on Medical Deliberate Indifference Case by Nebraska District Court Rules on Medical Deliberate Indifference Case On November 13, 2013, the United States District Court for the District of Nebraska denied in part and granted in part motions proffered by three different groups of defendants in a …
Article • October 14, 2015
Arkansas Prisoners’ Community-Punishment Denied by Arkansas Prisoners’ Community-Punishment Denied In 1997 Joseph Ritter entered a guilty plea to one count of rape and one count of kidnapping. He was sentenced in the Circuit Court of Searcy County, Arkansas, to consecutive sentences of 228 months and 114 months, respectively. The offenses …
Brief • October 14, 2015
Betances v. Fischer, NY, Memorandum and Opinion Denying Defendants Appeal, Post-Release Supervision, 2015 Case 1:11-cv-03200-SAS Document 121 Filed 10/14/15 Page 1 of 30 i :USOC SONY UNITED STATES DISTRICT COURT I DOCUMENT LELECTRONICALLY Jj nee#: __ . . ll tI FILED ll _ j\ ~-~~~~~~-~~~~~~~~-~~-~~-~-~~~-------------~LR~TE t:l~:~~~~fr!j;?"=JJ PAUL BETANCES, LLOYD A. …
Article • October 13, 2015
$1,00,000 Verdict Reinstated for Family of Man Shot by Police by $1,00,000 Verdict Reinstated for Family of Man Shot by Police On May 19, 2014, the Ninth Circuit Court of Appeals reinstated a $1,000,000 verdict for the family of a man shot and killed by a Los Angeles police officer …
Article • October 13, 2015
Prosecutor PowerPoint: “Silence = Guilt” Vacates Oregon Murder Conviction by Prosecutor PowerPoint: “Silence = Guilt” Vacates Oregon Murder Conviction On October 15, 2014, the Oregon Court of Appeals vacated a murder conviction, holding that a prosecutor’s PowerPoint presentation impermissibly commented on a Defendant’s invocation of his right to remain silent. …
Article • October 9, 2015
$4.28 Awarded to Prisoner; Wins Summary Judgment by $4.28 Awarded to Prisoner; Wins Summary Judgment New Mexico state prisoner William McGhee sued state prison officials in federal court after they took $78.00 from his prison account to cover the cost of a damaged law book. McGhee asked for recovery of …
Article • October 6, 2015
Filed under: Indigent Defense, Costs
Oregon Court-Appointed Attorney Fees Require Ability to Pay by Oregon Court-Appointed Attorney Fees Require Ability to Pay On September 10, 2014, the Oregon Court of Appeals reversed a $600 attorney fee award imposed on a criminal defendant because the trial court failed to make a finding as to the defendant’s …
Article • October 6, 2015
Minnesota Attorney Fee Awarded Upheld by Minnesota Attorney Fee Awarded Upheld On September 24, 2012, a district court granted a motion to suppress a gun, filed by Artiase Dvon Williams. The state appealed the order. The court of appeals reversed. Williams’ attorney filed a motion for attorney fees, requesting $120.00 …
Roth & Roth v. Krumpter et al, NY, Order, Nassau Police FOIL, 2015
Article • October 5, 2015
Suit Alleging Prisoner’s Retaliatory Transfer to Out-of-State Prison May be Brought in Receiving State’s Courts by Suit Alleging Prisoner’s Retaliatory Transfer to Out-of-State Prison May be Brought in Receiving State’s Courts In April 2008, the First Circuit Court of Appeals held that a lawsuit alleging that a prisoner had been …
Brief • September 30, 2015
Ealy v. GEO Group, 11th Cir, Appellant Reply Brief, RA limitations sovereign immunity, 2015 No. 14-14199 IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT EARVIN EALY, Plaintiff/Appellant, v. GEO GROUP, INC., et al. Defendant/Appellees. On Appeal from the United States District Court For the Middle District of …
Lacy v. Butts, IN, Class Certification, Sex Offender Management Program 5th Am, 2015 Case 1:13-cv-00811-RLY-DML Document 93 Filed 09/30/15 Page 1 of 15 PageID #: 1088 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION DONALD LACY, Petitioner, vs. KEITH BUTTS, Respondent. ) ) ) ) ) ) ) …
Article • September 29, 2015
Indiana Supreme Court Upholds Private Party Fees in APRA Case by Indiana Supreme Court Upholds Private Party Fees in APRA Case In July 2012, the Supreme Court of Indiana affirmed the trial court’s apportionment of attorney’s fees awarded to the plaintiff, International Union of Painters and Allied Trades (Union). The …
Dockery v. Epps, MS, Opinion and Order, Def Motion to Exclude Expert, Plain Motion for Class Cert, 2015 Case 3:13-cv-00326-WHB-JCG Document 257 Filed 09/29/15 Page 1 of 44 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI NORTHERN DIVISION JERMAINE DOCKERY, ET AL. PLAINTIFFS MICHAEL COMBS, EDDIE …
Article • September 24, 2015 • from PLN October, 2015
Due Process Violation for “Sham” Reviews During 13 Years in Segregation by David Reutter Due Process Violation for “Sham” Reviews During 13 Years in Segregation by David M. Reutter The Sixth Circuit Court of Appeals reversed a grant of summary judgment to prison officials on a due process claim, holding …
Article • September 22, 2015
Restitution Order Upheld in Oregon Driving Case by Restitution Order Upheld in Oregon Driving Case The Oregon Court of Appeals held that a trial court properly increased a defendant’s restitution obligation five months after sentencing. Kirk Douglas Thompson was convicted of a driving offense after crashing into a stop sign …
Article • September 21, 2015
Florida Appeals Court Invalidates Private Company Traffic Tickets by Florida Appeals Court Invalidates Private Company Traffic Tickets On October 14, 2014, Florida’s Fourth District Court of Appeals found for Appellee Eric Arem, contesting a traffic citation issued by a private company that installed, implemented, and enforced a red-light camera ticketing …
Brief • September 15, 2015
Filed under: Service, Due Process
Ganaway v. Phillips, IL, Motion to Alter or Amend Judgment, def unaware of court order, 2015 Case 3:13-cv-00978-SMY-PMF Document 47 Filed 09/15/15 Page 1 of 4 Page ID #85 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS EAST St. LOUIS DIVISION TARIUS D. GANAWAY, #M-08848, Plaintiff, …
Article • August 31, 2015 • from PLN September, 2015
Life Without Parole by Beth Schwartzapfel Life Without Parole Inside the secretive world of parole boards, where your freedom may depend on politics and whim. by Beth Schwartzapfel, The Marshall Project* Reynaldo Rodriguez was 19 with a young son, a good job and no criminal record when he shot and …
Article • August 31, 2015 • from PLN September, 2015
Legislation Removes Secrecy from Georgia Parole Board’s Proceedings, Decisions by David Reutter Legislation Removes Secrecy from Georgia Parole Board’s Proceedings, Decisions by David M. Reutter Unlike any other state agency, Georgia’s Board of Pardons and Paroles (GBPP) makes its major decisions behind closed doors, and virtually all the information contained …
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