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California Appeals Court Rules in Favor of Ripped Off Prisoner by Michael Thompson by Michael Thompson Jin Woo Park was a prisoner of the State of California at the Corcoran State Prison when he hired Michael L. Guisti to file his petition of habeas corpus in both state and, if …
Article • December 1, 2019
Filed under: Court Appearances
Oregon Release Agreement Did Not Require Personal Appearance; FTA Conviction Reversed by Mark Wilson by Mark Wilson The Oregon Court of Appeals reversed a first-degree failure to appear conviction, finding that the release agreement allowed for an appearance through counsel rather than personal appearance. Zachary Michael Lobue was detained in …
Inquisitorial Telephonic Hearing to Screen Civil Rights Case Deemed Unlawful by In reversing an Illinois federal district court’s dismissal of a civilly committed sex offender’s civil rights action, the Seventh Circuit Court of Appeals did not mince words when condemning the lower court’s use of a merit review proceeding as …
Second Circuit Upholds Implicit Waiver of Appearance at Disciplinary Hearing by Bruce Smith was a New York state prisoner when he was charged with the disciplinary infraction of fighting with another prisoner. On the day of his disciplinary hearing, Smith was brought to the hearing room, but the hearing officer …
Article • May 6, 2015 • from PLN May, 2015
Seventh Circuit Orders New Trial due to Shackling of Prisoner Plaintiff by Lonnie Burton Seventh Circuit Orders New Trial due to Shackling of Prisoner Plaintiff by Lonnie Burton On April 4, 2014, the Seventh Circuit Court of Appeals granted a new trial to a prisoner who had sued jail guards …
Article • October 5, 2014
Compliance with Court Order Cannot Support Dismissal of Lack of Prosecution by Compliance with Court Order Cannot Support Dismissal of Lack of Prosecution   The Nebraska Supreme Court has reversed the dismissal of a prisoner’s civil action for lack of prosecution. In doing so, the court held the district court …
Article • September 20, 2014 • from PLN September, 2014
Incarceration is Excusable Default in New York Housing Court Proceeding by Mark Wilson Incarceration is Excusable Default in New York Housing Court Proceeding by Mark Wilson On October 7, 2013, the New York City Housing Court held that a tenant who could not attend court proceedings due to incarceration was …
Article • April 15, 2014 • from PLN April, 2014
Filed under: Court Appearances
Montana: Hospitalized Prisoner Entitled to Continuance in Divorce Case by The Montana Supreme Court held on March 5, 2013 that refusing to grant a hospitalized prisoner’s motion for continuance of a divorce trial was an abuse of discretion. David and Lori Eslick were married on August 15, 2005. In December …
Second Circuit: Videoconference at Resentencing Violates Right to be Present by The Second Circuit Court of Appeals has held that resentencing a defendant by videoconference violated his right to be present in court, and the government failed to satisfy its burden of establishing that the defendant knowingly and voluntarily waived …
Article • March 15, 2013
Trial and Conviction in Washington Jailhouse Courtroom Overturned by Michael Rigby by Mike Rigby On May 27, 2010, the Washington State Supreme Court, sitting en banc, held that a trial and subsequent conviction that took place in a jailhouse courtroom violated the defendant's right to due process by eroding the …
Article • May 15, 2012
California Immigrant Shackling Case Certified as Class Action by A California federal court granted class certification in a case challenging a blanket policy and practice of shackling civil immigration detainees who appear in immigration court. Immigration and Customs Enforcement (ICE) and the Executive Office for Immigration Review (EOIR) "have implemented …
Third Circuit Troubled by Courtroom Shackling of Prisoners by The Third Circuit Court of Appeals expressed concern about shackling prisoners during a civil jury trial. However, the court concluded that any error was harmless, given a cautionary jury instruction. Anthony Sides was a prisoner at Pennsylvania's SCI Greene Correctional Facility, …
Article • May 15, 2011
Tenth Circuit Upholds Use of Stunbelt on Defendant by On September 22, 2009, the U.S. Court of Appeals for the Tenth Circuit affirmed the conviction and sentence of a man accused of retaliating against a federal witness. In upholding the conviction and sentence, the court rejected a challenge to the …
Article • May 15, 2010
Tenth Circuit Upholds Use of Stun Belt on Defendant by On September 22, 2009, the U.S. Court of Appeals for the Tenth Circuit affirmed the conviction and sentence of a man accused of retaliating against a federal witness. In upholding the conviction and sentence, the court rejected a challenge to …
Article • January 15, 2010
Washington Prisoners Have The Right To Seek Divorce by A prisoner’s due process right of access the courts includes the right to bring actions for dissolution of marriage and related matters, the Supreme Court of Washington decided March 26, 1987. The court’s decision comes in response to an appeal by …
Electronic Court Records Permissible in Florida, but Restricting Disclosure is Not by Florida’s Supreme Court has implemented rules related to court reporting services and the use of electronic recordings of court proceedings. The rules were promulgated as amendments to the Florida Rules of Judicial Administration and the Florida Rules of …
Article • October 15, 2009 • from PLN October, 2009
Ohio County Jail Agrees to Pay $75,000 For Locking Up Poor by On April 30, 2009, Hamilton County, Ohio agreed to settle a class action lawsuit brought on behalf of over 600 individuals who were jailed for non-payment of a fine without first being afforded an attorney or hearing to …
Publication • 2009
Amendment to MA Trial Ct. Policy on Restraints in Juvenile Ct. 2009 AMENDMENT TO TRIAL COURT OF THE COMMONWEALTH COURT OFFICER POLICY AND PROCEDURES MANUAL The Trial Comt of the Commonwealth Cow:t Officer Policy and Procedures Manual, Chapter 4, Courtroom Procedures, Section VI; Juvenile Court Sessions is hereby amended by …
Prisoner’s Death, Abusive and Incompetent Guards Give Black Eye to Maryland Prisons & Jails by Gary Hunter Prisoner’s Death, Abusive and Incompetent Guards Give Black Eye to Maryland Prisons & Jails by Gary Hunter On June 27, 2008, Ronnie L. White, 19, was arrested for the death of Maryland State …
New Jersey Judge Denied Sex Offender a Fair Hearing, Appellate Court Finds by New Jersey Judge Denied Sex Offender a Fair Hearing, Appellate Court Finds Questioning a lower court’s ability to conduct a fair hearing, a New Jersey appellate court ordered a new hearing before a different judge for a …
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