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Kansas Supreme Court Modifies “Exoneration Rule” by Matthew Clarke In an opinion handed down on December 31, 2015, the Supreme Court of Kansas modified the requirement that a criminal defendant be exonerated prior to suing the attorney who represented him (the “exoneration rule”). Under the modification, reversal of a conviction ...
Brief • June 6, 2016
Commission for Lawyer Discipline v. Sebesta, TX, State Bar - Judgment of Disbarment, attorney misconduct, 2015 BEFORE THE EVIDENTIARY PANEL FOR STATE BAR DISTRICT NO. 08-2 STATE BAR OF TEXAS * * * COMMISSION FOR LAWYER DISCIPLINE, Petitioner * * * * v. CHARLES J. SEBESTA, JR., Respondent 11 Austin ...
Brief • June 6, 2016
Bar of the Supreme Court v. Favata, DE, Ruling, disbarment attorney misconduct, 2015 IN THE SUPREME COURT OF THE STATE OF DELAWARE In the Matter of a Member Of the Bar of the Supreme Court of the State of Delaware: § § § § R. DAVID FAVATA, ESQUIRE § Respondent ...
Article • May 23, 2015
$250,000 Awarded in Legal Malpractice Case by $250,000 Awarded in Legal Malpractice Case A New York federal judge upheld a magistrate's report and recommendation and awarded $250,000 to a man who said he wrongly spent 25 days in a mental hospital and his lawyer failed to file the necessary paperwork ...
Article • January 10, 2015 • from PLN January, 2015
Malpractice Suit Proceeds against Michigan Defense Attorney in Wrongful Conviction Case by David Reutter Malpractice Suit Proceeds against Michigan Defense Attorney in Wrongful Conviction Case by David Reutter A former prisoner whose sexual assault conviction was reversed after he served seven years in prison can sue his attorney for malpractice ...
When Attorneys Fumble, Defendants Face Consequences by David Reutter When Attorneys Fumble, Defendants Face Consequences by David M. Reutter The right of defendants facing criminal charges to be represented by counsel is the bedrock of our criminal justice system, expressly enshrined in the Sixth Amendment. An underlying doctrine to that ...
D.C. Circuit Reinstates Prisoner’s FOIA Suit by Derek Gilna D.C. Circuit Reinstates Prisoner’s FOIA Suit by Derek Gilna Carlos Marino, incarcerated for a 1997 drug conspiracy conviction, submitted a Freedom of Information Act (FOIA) request to the Drug Enforcement Administration (DEA), seeking the agency’s investigative file for a co-conspirator who ...
Article • August 15, 2013
Pennsylvania Attorney’s Disciplinary Matter Exempt from Disclosure by Herbert Somerson, a Pennsylvania lawyer, filed a malpractice action against Alvin Bonders and Johnny Taxicab Co. in the Philadelphia County Court of Common Pleas. Somerson had previously negotiated a disciplinary settlement agreement concerning his practice before the Pennsylvania Public Utility Commission (Commission). ...
Article • July 15, 2013 • from PLN July, 2013
Seventeen Years Pending Re-trial Fails to State Speedy Trial Violation under § 1983 by Seventeen Years Pending Re-trial Fails to State Speedy Trial Violation under § 1983 The Sixth Circuit Court of Appeals has held that a pretrial detainee did not suffer a violation of his Sixth Amendment right to ...
Article • April 15, 2013
Wrongfully Convicted New York Man Receives Settlements for $950,000 by A New York man has settled lawsuits related to his wrongful conviction for $950,000. The settlements were to resolve litigation against the founders of the Innocence Project and the City of New York. Lee Long, who brought the litigation, had ...
Article • April 15, 2013
Sixth Circuit of US Court of Appeals Affirms Grant of Habeas Corpus by The United States Court of Appeals for the Sixth Circuit affirmed in May 2012 the order of the U.S. District Court for the Eastern District of Michigan conditionally granting the petition for habeas corpus relief in the ...
Tenth Circuit Faults Kansas Prisoners' Representation; Upholds Dismissal of Compulsory Savings Account Challenge by Thanks largely to profoundly incompetent representation, the Tenth Circuit Court of Appeals affirmed the dismissal of a constitutional challenge to compulsory Kansas prison savings account policies. The Kansas Department of Corrections (KDOC) adopted policies requiring that ...
Dismissal for Inability to Pay Monetary Sanctions Reversed by The Seventh Circuit Court of Appeals reversed the dismissal for failure to pay a $9,055.14 attorney fee sanction against an indigent Plaintiff. Bruce A. Williams brought federal suit against four Illinois police officers for false arrest and excessive force. He alleged ...
Supreme Court Adopts Strickland Prejudice Standard for Rejected Plea Bargains by Derek Gilna The U.S. Supreme Court, in a 5-4 ruling, has extended Strickland guarantees of effective legal representation to defendants entering into plea bargains. According to Justice Anthony Kennedy, who delivered the majority opinion of the Court, “The reality ...
Texas Supreme Court Rules Compensation Required in Schlup-type Innocence Cases by Matthew Clarke by Matt Clarke On May 18, 2012, the Supreme Court of Texas held that a former prisoner whose murder conviction was reversed due to ineffective assistance of counsel after he proved that he was likely actually innocent ...
Habeas Hints: 2012 Supreme Court Habeas Highlights: Plea Bargaining Cases by Kent A. Russell by Kent Russell This column provides “habeas hints” to prisoners who are considering or handling habeas corpus petitions as their own attorneys (“in pro per”). The focus of the column is on “AEDPA” (Antiterrorism and Effective ...
Mississippi Supreme Court Denies Equity Court Review of Death Penalty Cases by Derek Gilna By Derek Gilna The complaint of sixteen death-row inmates in Mississippi which sought Chancery Court review of the adequacy of their legal representation has been denied by the Mississippi Supreme Court for lack of jurisdiction based ...
Juror Misconduct Nullifies $6.5 Million California Malpractice Verdict by The California Court of Appeals upheld the reversal of a $6.5 million wrongful conviction legal malpractice damage award due to juror misconduct. During an October 11, 1996 search of a rundown apartment building, Los Angeles Police Department (LAPD) officers Rafael Perez ...
Article • May 15, 2012
New York Attorney Malpractice Nets $250,000 Default Judgment by A New York federal court awarded a $250,000 default judgment against a lawyer who caused the dismissal of a client's case. Charles Robinson retained lawyer Campbell Holder to represent him in a New York state action against his former employer, Metro-North ...
Massachusetts Supreme Judicial Court Clarifies Erroneous Conviction Claims by Matthew Clarke by Matt Clarke On November 23, 2010, the Massachusetts Supreme Judicial Court issued a pair of opinions that clarify the requirements for suing the state for compensation following an erroneous conviction. Specifically, the Court clarified the requirement that the ...
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