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Adverse Inference Instruction Required for New York Jail’s Destruction of Video Evidence by The New York Court of Appeals has held that when a criminal defendant acts with due diligence to demand the preservation of evidence that is reasonably likely to be of material importance, and the evidence is destroyed …
Article • March 15, 2014 • from PLN March, 2014
Seventh Circuit Upholds FTCA Venue Transfer by The Seventh Circuit Court of Appeals has upheld the transfer of a former federal prisoner’s negligence action from Illinois to Kansas. Daniel Hudson relocated to Illinois following his release from a federal prison in Kansas. He filed a Federal Tort Claims Act (FTCA) …
Brief • March 7, 2014
Ceballos v. Contra Costa County, CA, Settlement, Excessive Force, 2014 ( FULL AND FINAL RELEASE AND SETTLEMENT AGREEMENT This Full and Final Release and Settlement Agreement ("Agreement'') is entered into as of the date it is fully executed by the parties hereto, as defined below, and is made by and …
Brief • February 21, 2014
M.H. et al v. County of Alameda, CA, Plf 2nd MiL to Limit Expert Testimony, medical screening, 2014 1 2 3 4 5 6 7 MICHAEL J. HADDAD/ State Bar #189114 JULIA SHERWIN/State Bar #189268 GENEVIEVE K. GUERTIN/State Bar #262479 T. KENNEDY HELM/State Bar #282319 HADDAD & SHERWIN 505 Seventeenth …
Devbrow v. Kalu, IN, Plaintiff's Support of Motion in Limine, Deliberate Indifference to Medical Treatment, 2014 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION EUGENE DEVBROW, Plaintiff, v. DR. EKE KALU, et al., Defendants. ) ) ) ) ) ) ) ) ) Cause No. 1:07-cv-1355-LJM-TAB PLAINTIFF’S MEMORANDUM …
Article • February 15, 2014 • from PLN February, 2014
Filed under: Civil Procedure, Appeals
What Are the Odds of Complete Reversal After Conviction in the Second Circuit? by Peter Schmidt by Richard Levitt and Peter Schmidt A potential client asks an attorney the odds of completely overturning his federal trial conviction on appeal. If the attorney is experienced in the ways of appellate advocacy …
Article • February 15, 2014 • from PLN February, 2014
Deliberate Indifference Medical Claim Accrues Upon Discovery of Injury and its Cause by The Seventh Circuit Court of Appeals has articulated a rule for determining when a prisoner’s claim of deliberate indifference to a serious medical need accrues. In so doing, the Court reversed an Indiana federal district court’s dismissal …
Iowa: Bad Faith or Misconduct can Overcome Mental-Process Privilege in Disciplinary Case by The Iowa Supreme Court has held that administrative law judges (ALJs) in the Department of Corrections (DOC) are entitled to assert the mental-process privilege in an Office of Ombudsman investigation, but that privilege may be overcome upon …
California: Sexually Violent Predator Entitled to Jury Trial on Petition Seeking Conditional Release by The California Court of Appeal has reversed the denial of a petition for conditional release filed by a sexually violent predator (SVP) who had received a psychological evaluation indicating that conditional release would be in his …
Article • February 15, 2014 • from PLN February, 2014
Ninth Circuit: Immigration Detainees Must be Afforded Opportunity to Challenge Continued Detention after Six Months by On April 16, 2013, the Ninth Circuit Court of Appeals affirmed a district court’s grant of preliminary injunctive relief to immigration detainees in Southern California, affording them an opportunity to challenge their continued detention …
Filing • January 31, 2014
Filed under: Complaints
Prison Legal News v. Ventura County, Complaint 2014 Case 2:14-cv-00773-GHK-E Document 1 Filed 01/31/14 Page 1 of 24 Page ID #:564 1 ERNEST GALVAN - 196065 BLAKE THOMPSON -.255600 2 ROSEN BIEN GALVAN & GRUNFELD LLP 315 Montgomery Street, Tenth Floor San Francisco, alifornia 94104-1823 Telephone: (415) 433-6830 Facsimile: (415) …
Article • January 15, 2014 • from PLN January, 2014
Washington Defendant Improperly Denied Transcript at State Expense by The Washington State Supreme Court held in a November 8, 2012 en banc ruling that an indigent defendant was improperly denied a jury voir dire transcript. When appealing his convictions for first-degree murder, second-degree murder and two counts of unlawful possession …
Article • January 15, 2014 • from PLN January, 2014
Tenth Circuit: FRAP 4(b) Clock Commences Upon Entry in Public Docket by The Tenth Circuit Court of Appeals held that a judgment must be entered on a district court’s publicly accessible criminal docket to commence the 14-day time limit in which a defendant may file a notice of appeal. Francisco …
Article • January 15, 2014 • from PLN January, 2014
Res Judicata Doesn't Bar Ohio Post-release Control Challenge by The Ohio Supreme Court has held that “when a criminal defendant is improperly sentenced to post-release control, res judicata does not bar the defendant from collaterally attacking his conviction for escape due to an earlier post-release-control sentencing error.” In 1998, Donald …
Article • January 15, 2014 • from PLN January, 2014
Oregon: Jury Trials Required When Prosecutors Treat Misdemeanors as Violations by The Oregon Court of Appeals held on September 26, 2012 that criminal defendants are entitled to jury trials and reasonable doubt determinations when misdemeanors are reduced to violations – a ruling that was subsequently affirmed by the state Supreme …
T.R. V. South Carolina DOC, SC, Judgment, 2014 STATE OF SOUTH CAROLINA ) ) COUNTY OF RICHLAND ) ) T.R., P.R., and K.W., on behalf of ) themselves and others similarly situated; ) and Protection and Advocacy for People ) with Disabilities, Inc., ) ) Plaintiffs, ) ) v. ) …
Publication • January 1, 2014
Records Retention and Disposotion Schedules, Orange Co Sheriff's Dept. 2014 ‘V / Orange County Sheriffs Department h,tho,’a by: t(i)t)l 1;t,i :1.vl.c11nt iIU17’iS /)1,’LrI! Suppit Cs t)i1ivern , Ity ---- CONTENTS • • • • BOARD RESOLUTION INTRODUCTION CAUTION ABBREVIATIONS & ACRONYMS GUIDE RECORDS RETENTION AND DISPOSTION SCHEDULES: ADMINSTRATIVE SERVICES COMMAND …
Filing • December 17, 2013
Filed under: Complaints
Prison Legal News v. Sheriff Ken Mascara, St. Lucie County Jail, Complaint 2013 Case 2:13-cv-14481-XXXX Document 1 Entered on FLSD Docket 12/17/2013 Page 1 of 15 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Fort Pierce Division Case No: PRISON LEGAL NEWS, a project of the HUMAN RIGHTS DEFENSE CENTER, …
Third Circuit Allows Prisoner's Substitution of Deceased Guard’s Estate by The Third Circuit Court of Appeals held on October 16, 2012 that a district court had improperly denied a prisoner’s motion to substitute a deceased guard’s estate as a defendant. Delaware prisoner Wardell Leroy Giles filed suit in federal court …
Article • December 15, 2013 • from PLN December, 2013
Ninth Circuit Affirms Finding that Claim Accrues Each Time a Request for Conjugal Visits is Denied by On November 21, 2012, the Ninth Circuit Court of Appeals affirmed a district court’s finding that a prisoner’s challenge to the denial of his request for conjugal visits was not barred by the …
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