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Article • August 30, 2017 • from PLN September, 2017
Utah Supreme Court Reverses Termination of Prisoner’s Parental Rights by On December 6, 2016, the Supreme Court of Utah reversed the termination of a prisoner’s parental rights because the juvenile court had interpreted a state statute as prohibiting the appointment of counsel for the prisoner. C.B.S. is a Utah prisoner ...
Article • July 20, 2017
Guilty Plea Does Not Foreclose Oregon DNA Testing Request; No Credibility Findings at Appointment of Counsel Stage by Mark Wilson by Mark Wilson The Oregon Court of Appeals reversed a lower court's refusal to appoint counsel on a request for DNA testing, twice. The court instructed that a guilty plea ...
Article • June 9, 2017 • from PLN June, 2017
ICE Settles Suit Filed by Immigration Detainees, Pays $405,000 in Attorney Fees by Derek Gilna by Derek Gilna Immigration and Customs (ICE) officials in northern California agreed to settle a three-year-old federal class-action lawsuit that focused on ICE policies which unnecessarily restricted the ability of immigration detainees to communicate with ...
Murphy v. Smith, USA, Amicus Brief, Prisoner Access to Counsel, 2017 No. 16-1067 IN THE Supreme Court of the United States _________ CHARLES MURPHY, Petitioner, v. ROBERT SMITH AND GREGORY FULK, Respondents. ________ On Petition For A Writ Of Certiorari to the United States Court of Appeals for the Seventh ...
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 ...
Brief • May 18, 2017
Vincent v. Martin, MI, Judgment, Right to Counsel, 2000 2:99-cv-71416-AC Doc # 82 Filed 08/28/00 Pg 1 of 1 ~' AO 450 (Rev. 5/85) Judgment In 1 Clvll C.. Pg ID 296 • ~nii£h ~ta:i£s c!§l istrirt Qlourt ~~~~~~-E=A:..:.:.ST-=-=E~RN:..;_~~~~~DISTRJCTOF~~~M-I_C_H_I_G_A_N~~~~~~~~~ JOHN VINCENT, SR., and JOHN VINCENT, JR.,. Plaintiffs, JUDGMENT IN A ...
Brief • May 17, 2017
Vincent v. Martin, MI, Memo and Order, Right to Counsel, 2000 2:99-cv-71416-AC Doc # 81 Filed 04/28/00 Pg 1 of 14 Pg ID 178 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION JOHN VINCENT, Sr. and JOHN VINCENT, Jr., Plaintiffs, Case No. 99-CV-71416 V. HONORABLE AVERN COHN BILL ...
Brief • March 15, 2017
Gangwal v. Folster, PA, Motion to Stay Deadlines, Excessive Force Leg Sweep, 2016 Case 1:14-cv-02002-JEJ-SES Document 44 Filed 08/10/16 Page 1 of 6 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA SUDHIR GANGWAL, Plaintiff, v. Civil Action No.: 1:14-cv-02002-JEJ-SES (Filed: October 16, 2014) District Judge: John ...
Article • March 10, 2017 • from PLN March, 2017
Filed under: Appointment of Counsel
Fifth Circuit Holds Court May Compel Attorney to Represent Indigent Prisoner by Matthew Clarke In a November 13, 2015 ruling, the Fifth Circuit Court of Appeals held a district court may compel a lawyer to represent an indigent prisoner challenging prison conditions. Mario Naranjo was incarcerated at the Reeves County ...
Article • December 7, 2016 • from PLN December, 2016
Missouri Governor Doesn’t Have to Serve as Public Defender by In a letter dated August 2, 2016, the director of Missouri’s Public Defender System called for Governor Jay Nixon – a licensed lawyer who was a four-term Attorney General before being elected governor – to represent an indigent defendant in ...
New York Settles Indigent Defense Suit; $5.5 Million in Attorney Fees by Plaintiffs filed a state court class-action suit alleging the system of indigent legal services for defendants in New York criminal cases was unconstitutionally deficient. On October 22, 2014, the state and the New York Civil Liberties Union (NYCLU), ...
Article • October 3, 2016 • from PLN October, 2016
Seventh Circuit: Jailhouse Lawyer’s Help No Reason to Deny Appointment of Counsel by Gary Hunter The U.S. Seventh Circuit Court of Appeals has reversed a lower court ruling that denied appointment of counsel to a prisoner because he received legal help from another prisoner. Ladell Henderson had a fifth grade ...
More Lawyers, Same Injustice by By Oren Nimni & Nathan J. Robinson, Current Affairs A case in Georgia has become notorious for its profanity. But it also says something about our public defender system… Last month, in a Georgia courtroom, defendant Denver Fenton Allen appeared in front of Judge Bryant Durham, ...
Fifth Circuit Reverses District Court's Denial of Appointment of Counsel by On March 6, 2009, Fifth Circuit reversed the district court's denial of appointment of counsel and upheld the dismissal of free exercise, equal protection and retaliation claims. Texas prisoner Willie Lee Garner filed a pro se lawsuit pursuant to ...
Publication • August 9, 2016
State of Injustice - How New York State Turns its Back on the Right to Counsel for the Poor, NYCLU, 2014 STATE OF INJUSTICE: How New York State Turns its Back on the Right to Counsel for the Poor “The amount of money someone makes should not determine how justice ...
Criminal Defendants Shortchanged by Justice System that Favors Prosecutors by Derek Gilna Since the landmark Supreme Court case of Gideon v. Wainwright in 1963, criminal defendants who face incarceration have been guaranteed representation by an attorney if they cannot afford one. Gideon spurred most states and the federal government to ...
Picarella et al v. Johnson et al, PA, Amended Complaint, denial of mail visition recreation counsel 8th Am, 2015
Picarella et al v. Johnson et al, PA, Order, denial of mail visition recreation counsel 8th Am, 2016
Picarella et al v. Johnson et al, PA, Settlement Agreement, denial of mail visition recreation counsel 8th Am, 2015
Fabian et al v. Dunn et al, TX, Order, juvenile immigrant detainees guard brutality denial of counsel, 2009 Fabian et al v. Dunn et al Doc. 189 In the United States District Court for the Western District of Texas Emerson Gaitan Fabian v. Maureen Dunn, et. al. § § § ...
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