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Article • September 1, 2021 • from PLN September, 2021
Seventh Circuit: PLRA Mandates Dismissal for Deceit on IFP Application by David Reutter by David M. Reutter The Seventh Circuit Court of Appeals held that when a prisoner deliberately misrepresents their financial status when seeking in forma pauperis (IFP)status, the Prison Litigation Reform Act (PLRA) requires dismissal. In another case …
Article • February 11, 2019
‘I Didn’t Lay Down’: How A California Man Convicted Of Murder May Have Saved His Own Life by Maura Ewing Death penalty mitigation offers juries a chance to see defendants in a different light by Maura Ewing, The Appeal The odds were stacked against Ernesto Martinez. Last fall, he was on …
Brief • March 8, 2018
Washington v. Fletcher, WA, Opinion, Commitment Mental Health, 2018 This opinion was filed for record IN CLERKS OFFICE eUPRBE C0U7T.SOJE OF WASH1^!G1t»i DATS ^AR 0 8 281^ at 9'.00a^ .on lTlOArfc;? 3oi2 cmeFJusncs SUSAN L. CARLSON SUPREME COURT CLERK IN THE SUPREME COURT OF THE STATE OF WASHINGTON STATE OF …
State Bar of Texas Legal Services to the Poor in Criminal Matters Committee: Review of the Operations of State Counsel for Offenders, 2017 Review of the Operations of State Counsel for Offenders Report by the State Bar of Texas Legal Services to the Poor in Criminal Matters Committee1 Approved for …
Brown v. City of Corinth, Judge John C. Ross, MS, signed Complaint, 'debtors' prison,' 2017 IN THE MISSISSIPPI COMMISSION ON JUDICIAL PERFORMANCE IN THE MATTER OF HON. JOHN C. ROSS CAUSE NO. ________ PRIVATE COMPLAINT 1 I. 1. INTRODUCTION Corinth, Mississippi Municipal Court Judge John C. Ross operates a modern-day …
Brown v. City of Corinth, MS, Class Action Complaint, 'debtors' prison,' 2017 THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF MISSISSIPPI ABERDEEN DIVISION FILED ~ SAMMY BROWN and BRIAN KEITH HOWELL, on behalf of themselves and all others simi larly situated. AVID . K pUfy Plaintiffs, Case No. …
Brief • October 15, 2017
Robinson v. Purkey, TN, Memo Re TRO Mot, Driver's License Suspensions, 2017 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION FRED ROBINSON, ASHLEY SPRAGUE, and JOHNNY GIBBS, on behalf of themselves and all others similarly situated, ) ) ) ) Plaintiffs, ) ) v. ) ) DAVID W. …
Article • October 10, 2017 • from PLN October, 2017
Seventh Circuit Reinstates Prisoner’s Lawsuit, Rejects District Court’s IFP Concerns by Derek Gilna by Derek Gilna Rahim McWilliams, an Illinois state prisoner, injured his hand in a fall and filed a claim in federal court for damages, claiming lack of proper medical treatment and permanent disfigurement. He alleged he was …
Article • August 22, 2017
Pennsylvania Supreme Court Allows Indigent Criminal Defendants to Sue Over Inadequate Public Defender's Office by Christopher Zoukis by Christopher Zoukis The Pennsylvania Supreme Court has taken the bold step of finding a new cause of action that would allow indigent criminal defendants to prospectively sue a county for failing to …
Article • June 14, 2017
Hearing Required Before Assessment of Appointed Attorney Fees in Texas by On July 20, 2016, a Texas court of appeals held that, before fees incurred by a court-appointed attorney are assessed against an indigent criminal defendant, the court must hold a hearing and determine that the defendant is capable of …
Publication • 2017
American Bar Association - Denial of the Right to Counsel in Misdemeanor Cases Court Watching in Nashville, Tennessee, 2017 DENIAL OF THE RIGHT TO COUNSEL IN MISDEMEANOR CASES: COURT WATCHING IN NASHVILLE, TENNESSEE AMERICAN BAR ASSOCIATION SECTION ON CIVIL RIGHTS AND SOCIAL JUSTICE Prepared by Stephen F. Hanlon* Vice-Chair of …
Hines v. Mincks, WA, Prelim. Inj. - Jail Attorney Phone Call Policy, 2017 Case: 2:17-cv-00436-ALM-TPK Doc #: 11 Filed: 05/25/17 Page: 1 of 5 PAGEID #: 71 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO EASTERN DIVISION DAKOTA HINES, et al., Plaintiffs, v. LARRY R. MINCKS, …
Brief • April 12, 2017
Kirkland v. DiLeo, NJ, Settlement, Judicial Misconduct, 2017 SETTLEMENT AGREEMENT AND MUTUAL RELEASE BETWEEN WENDELL KIRKLAND and ANTHONY KIRKLAND AND LOUIS M.J. DiLEO and THE CITY OF LINDEN This Settlement Agreement and Mutual Release (hereinafter "Agreement"), dated , 2017, is made by and between Wendell Kirkland and Anthony Kirkland (alternatively …
Article • March 28, 2017
Paying the Piper by David J. Krajicek by David J. Krajicek, The Crime Report Montgomery, Alabama’s City Court is a Debt-Collecting Machine Montgomery, Alabama--Anyone who wishes to enter Municipal Court in Alabama’s capital city must first be sanctioned by a court officer who scans your belongings, then polices your attire. “Tuck …
Brief • March 9, 2017
Church v. State of Missouri, MO, Class Action Petition, Ineffective Counsel, 2017 IN THE CIRCUIT COURT OF COLE COUNTY STATE OF MISSOURI SHONDEL CHURCH; RANDALL LEE DALTON; DORIAN SAMUELS; VIOLA BOWMAN; and BRIAN RICHMAN, on behalf of themselves and all others similarly situated, Case No. ____________________ Division: _____________________ Plaintiffs, v. …
Article • February 24, 2017
Our Bail System Is Leaving Innocent People To Die In Jail Because They’re Poor by When freedom is only available to those who can afford it, many end up paying with their lives. By Nick Wing, The Huffington Post Of the nearly 750,000 inmates confined in jails around the U.S. …
Still No Answers by Jamycheal Mitchell’s death in a Virginia jail cell still hasn’t been explained. It should be a national scandal. by Dahlia Lithwick, Slate On August 19, 2015, 24-year-old Jamycheal Mitchell was found dead in his cell at the Hampton Roads Regional Jail in Virginia. New revelations in May 2016 about …
Article • January 12, 2017
Chain Gang 2.0: If You Can’t Afford This GPS Ankle Bracelet, You Get Thrown In Jail by Eric Markowitz by Eric Markowitz, International Business Times On a recent broiling August day, Antonio Green, an out-of-work construction worker, sat in his living room, a folder full of receipts open across his legs. …
Report Finds Charging Criminal Justice Fees Perpetuates Mass Incarceration by Matthew Clarke The Brennan Center for Justice at New York University’s School of Law released a report in May 2015 titled, “Charging Inmates Perpetuates Mass Incarceration.” Mass incarceration refers to the fact that the United States, which has around 5% …
Child Support Relief Coming for Incarcerated Parents by In the last days of the Obama administration, regulators quietly ease the child support burden on parents in prison. by Eli Hager, The Marshall Project Squeezing in an executive action just a month before president-elect Donald Trump’s inauguration, on December 20, 2016 …
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