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Article • September 9, 2019 • from PLN September, 2019
Right to Speedy Trial Not Triggered by Placement in Administrative Segregation by David M. Reutter by David M. Reutter The Third Circuit Court of Appeals has held that a prisoner’s placement in administrative segregation while under investigation for a new crime does not trigger his right to a speedy trial …
Article • July 28, 2019
Filed under: Jail Specific, Trials
Body-Wire Evidence of Oregon Jail Murder for Hire Plot Must be Suppressed; Solicitation Does Not Support Attempted Murder Conviction by Mark Wilson by Mark Wilson  The Oregon Court of Appeals held that a prisoner who solicited another prisoner to kill a witness cannot be convicted of attempted aggravated murder. It …
Article • July 2, 2019 • from PLN July, 2019
Former Louisiana Warden Nate Cain, Son of Infamous Burl Cain, Pleads Guilty by David M. Reutter by David M. Reutter “Yes, sir,” said Nathan Burl Cain II. With that reply in March 2019, the former warden of Louisiana’s Avoyelles Correctional Center, now known as the Raymond Laborde Correctional Center, abruptly …
Article • March 5, 2019 • from PLN March, 2019
Idaho Supreme Court Vacates Conviction After D.A. Seizes Jailed Defendant’s Legal Notes by Matthew Clarke by Matt Clarke  On November 30, 2018, in a substitute opinion, the Supreme Court of Idaho held that a trial court erred when it required a defendant to show he was prejudiced when the prosecution …
Article • January 9, 2019 • from PLN January, 2019
Seventh Circuit: Illinois Prisoner Entitled to Retrial After Appointment of Counsel Denied by Derek Gilna by Derek Gilna On August 20, 2018, the Seventh Circuit granted a new trial to a prisoner whose multiple motions for appointment of counsel were denied in a federal lawsuit against guards employed by the …
Article • June 16, 2018
Wrongfully Deported California Permanent Resident Granted Retrial by Christopher Zoukis by Christopher Zoukis     Jose Luis Tapia-Fierro, who was a legal permanent resident of California when he was deported after a conviction of involuntary manslaughter, was granted the right to appeal his deportation decision even after waiving his appeal …
Article • May 17, 2018
Prisoner Awarded $25,000 Against Texas Guard Who Facilitated Assault by Christopher Zoukis by Christopher Zoukis A federal jury in Texas found that a prison guard was negligent in aiding and abetting an assault on a prisoner, awarding the victim $25,000 in damages.      While David K. Lara was a prisoner …
Breaking News! Tennessee: New Trial Ordered in Prisoner’s Wrongful Death Case by Steve Horn by Steve Horn On April 5, 2018, the U.S. Court of Appeals for the Sixth Circuit ruled that a lawsuit over the death of 33-year-old Charles “Jason” Toll – a prisoner who died in 2010 after …
Article • January 8, 2018 • from PLN January, 2018
Utah Settles Federal Suit Alleging Delays in Competency Treatment for Pre-trial Detainees by Derek Gilna by Derek Gilna On June 14, 2017, Utah officials entered into a settlement to resolve a federal class-action lawsuit that alleged the state failed to provide timely and proper mental health competency evaluations and treatment …
Article • October 10, 2017 • from PLN October, 2017
No-show Cops and Dysfunctional Courts Keep Cook County Jail Prisoners Waiting Years for a Trial by Spencer Woodman by Spencer Woodman, Chicago Reader June 25, 2012, was a terrible day for Jermaine Robinson. Overall, life was good – the 21-year-old Washington Park resident had been studying music management at Columbia …
Brief • September 13, 2017
People of the State of California v. Johnson, CA, Amicus Brief, Due Process to Fair Trial, 2017 Case No. F0716 40 IN THE COURT OF APPEAL FOR THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT THE PEOPLE OF THE STATE OF CALIFO RN IA , Plaintiff and Respondent , V. BILLY …
Article • June 9, 2017 • from PLN June, 2017
Double Blind: Preventing Eyewitness Error by Christopher Moraff by Christopher Moraff, The Crime Report On the evening of November 20, 1998, two teenaged girls left a Rite Aid in East Baltimore and were accosted by a knife-wielding man demanding money. During the confrontation, a 16-year-old named Toni Bullock was dragged into …
Article • May 5, 2017 • from PLN May, 2017
Filed under: Statistics/Trends, Trials
The Case of the Disappearing Criminal Jury Trial by Christopher Zoukis by Christopher Zoukis Every person accused of a crime has the right to a trial by jury. That right is enshrined in the U.S. Constitution, and is available to anyone charged with a serious criminal offense. But the number …
Article • March 31, 2017 • from PLN April, 2017
Supreme Court Reverses Criminal Conviction for Racial Bias by Juror by Derek Gilna by Derek Gilna In a decision sure to reverberate throughout the nation’s criminal courts, in March 2017 the U.S. Supreme Court reversed the conviction of a Colorado defendant charged with sexual battery due to a juror’s racially …
ACLU Sues California as Incompetent Defendants Wait in Jail for Mental Health Treatment by Joe Watson The ACLU filed a lawsuit last year on behalf of defendants declared incompetent to stand trial who languish in county jails across California while they await transfers to state mental health facilities. When the …
Brief • October 17, 2016
Jennings v. Rodriguez, US, ACLU Letter to SCOTUS, 2016 By Hand Delivery and Email October 17, 2016 Scott S. Harris Clerk Supreme Court of the United States 1 First Street, NE Washington, DC 20543 Re: Jennings v. Rodriguez, No. 15-1204 Dear Mr. Harris, Respondents submit this response to the Government’s …
Brief • August 19, 2016
Gomez v. City of New York, NY, Order Denying Reconsideration, False Arrest, 2016 Case 1:14-cv-02621-ILG-CLP Document 35 Filed 08/19/16 Page 1 of 5 PageID #: 317 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK ------------------------------------------------------x JUAN GOMEZ, MEMORANDUM AND ORDER 14-CV-2621 (ILG) (CLP) Plaintiff, - against THE CITY OF …
Brief • June 7, 2016
Woods v. Fagan, CA, Order Granting MIL to Bifurcate, Partially Granting Exclusion of Testimony and Documents (2016) Case 2:14-cv-08374-VAP-SP Document 114 Filed 06/07/16 Page 1 of 17 Page ID #:882 United States District Court Central District of California Eastern Division N.W., Plaintiff, Trevor Woods, et al., EDCV 14-1569-VAP (SPx) Plaintiffs, …
Article • October 23, 2015
Filed under: Appeals, Trials
Connecticut Supreme Court Invokes Supervisory Authority Reversing Conviction by Connecticut Supreme Court Invokes Supervisory Authority Reversing Conviction Calling the harm resultant of requiring a prisoner to wear a prison jumpsuit at jury trial an “unambiguous and indefensive” constitutional violation, the Supreme Court of Connecticut applied its supervisory authority in affirming, …
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 …
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