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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 …
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 …
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