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Article • August 31, 2017
Filed under: Mandamus, Parole
Denial of Parole No Basis for Writ of Mandamus in Arkansas by Dale Chappell by Dale Chappell A petitioner’s claim that his rights were violated when he was denied parole is no basis for a writ of mandamus, the Arkansas Supreme Court held on August 3, 2017. Anthony Warren filed ...
Article • July 28, 2017 • from PLN August, 2017
Filed under: Staffing, Mandamus, Grievances
California Appellate Court Reinstates Prisoner’s Mandamus Action Against CDCR by Derek Gilna by Derek Gilna California Department of Corrections and Rehabilitation (CDCR) prisoner Jared M. Villery filed three administrative grievances in 2014 concerning the failure of prison staff to properly discharge their duties. He alleged that staff failed to respond ...
Article • June 30, 2017 • from PLN July, 2017
Summary Judgment in Favor of Alabama Prison Officials Reversed; Writ of Mandamus Denied by Christopher Zoukis by Christopher Zoukis On September 16, 2016, the Court of Civil Appeals of Alabama reversed an order by the Montgomery Circuit Court granting summary judgment in favor of state prison officials in a lawsuit ...
Article • March 10, 2017 • from PLN March, 2017
Ohio: Garnishment from Exempt Funds in Prison Account States Mandamus Claim by The Ohio Supreme Court has reversed a lower court’s dismissal of a prisoner’s mandamus claims related to the garnishment of exempt funds in her prison account. Ohio state prisoner Agatha Martin Williams was sentenced to 102 months and ...
Article • August 31, 2015 • from PLN September, 2015
Mandamus Improper Remedy to Challenge Illinois DOC’s “Violating at the Door” Policy by David Reutter Mandamus Improper Remedy to Challenge Illinois DOC’s “Violating at the Door” Policy by David Reutter On November 20, 2014, the Illinois Supreme Court refused to assume jurisdiction over a petition for writ of mandamus seeking ...
Article • January 10, 2015 • from PLN January, 2015
Georgia: Mandamus Available to Compel Law Library Access by David Reutter Georgia: Mandamus Available to Compel Law Library Access by David Reutter he Georgia Supreme Court held in February 2014 that a trial court erred in denying the filing of a prisoner’s petition for mandamus seeking access to a law ...
Article • October 5, 2014
Filed under: Mandamus, International
Prisoner Wins Mandamus Case to Compel Colorado DOC to Consider Transfer Application by Derek Gilna Prisoner Wins Mandamus Case to Compel Colorado DOC to Consider Transfer Application   by Derek Gilna   Colorado state court prisoner Robert D. Gandy, proceeding Pro Se, has won his appeal of a lower-court dismissal ...
Article • October 5, 2014
Florida Courts Required to Accommodate Blind Litigants with Braille Documents by Florida Courts Required to Accommodate Blind Litigants with Braille Documents   The Florida Supreme Court has held that a legally blind litigant was entitled to mandamus relief to compel an appellate court to accept pleadings in Braille and to ...
Article • June 7, 2014 • from PLN June, 2014
Mandamus Petition May Constitute Prison Conditions Litigation in Pennsylvania by David Reutter Mandamus Petition May Constitute Prison Conditions Litigation in Pennsylvania by David M. Reutter The Supreme Court of Pennsylvania held on July 9, 2013 that a mandamus petition related to an underlying complaint concerning prison conditions itself constitutes prison ...
Ohio Appellant Wins Mandamus Order Disclosing Attorney Fees Statements by Derek Gilna Appellant Jean A. Anderson won an appeal of a judgment denying her copies of certain itemized billing statements for attorneys service rendered to Vermillion, Ohio, overturning a lower-court decision that had sided with the city’s argument that the ...
Article • April 15, 2013
Filed under: Civil Procedure, Mandamus
Alabama State Supreme Court Denies Mandamus for Payment of Defense Expenses by The Supreme Court of Alabama denied in June 2012 Defendant’s petition for writ of mandamus to compel the circuit court to enforce its orders to the Office of Indigent Services and the Comptroller’s Office to disburse interim payments ...
Article • April 15, 2013 • from PLN April, 2013
New York: Provision Requiring Independent Jail Oversight Board Ignored for 23 Years by Joe Watson For more than two decades, the Nassau County Jail in East Meadow, New York has lacked accountability in the form of an oversight board. But that lapse may be coming to an end after prisoner ...
Article • April 15, 2013
Filed under: Civil Procedure, Mandamus
Sixth Circuit US Court of Appeals Redefines Michigan Prisoner’s Mandamus by The United States Court of Appeals for the Sixth Circuit subjected a Michigan prisoner’s petition for a writ of mandamus to the five prong test case, John B. v. Goetz, 531 F.3d 457 (6th Cir. 2008), and other case ...
Article • November 15, 2011
Ohio Supreme Court Affirms Denial of Public Records Damages to Prisoner by On December 1, 2010, the Supreme Court of Ohio issued and opinion affirming a court of appeals decision denying statutory damages to a prisoner who prevailed against prison officials in a public records mandamus action. Lambert Dehler, an ...
Article • July 15, 2011
Mandamus Issued Voiding Texas Court’s Seizure Of Trust Fund without Process by Matthew Clarke by Matt Clarke A Texas court of appeals has conditionally granted a prisoner’s petition for a writ of mandamus, voiding a district court’s order garnishing funds from the prisoner’s trust fund to pay court costs in ...
Article • April 15, 2011
Texas Prisoner Granted Conditional Mandamus Relief by In a 2-1 split decision filed on November 26, 2008, a Texas appellate court granted in part a prisoner’s petition for writ of mandamus filed after a district Judge refused to file a lawsuit filed by the prisoner, Gordon Simmonds. Citing Chapter 14 ...
Article • April 15, 2011
Texas Court Must File Prisoner Suit if Unpaid Previous Indigent Case on Appeal by Matthew Clarke By Matt Clarke On November 26, 2008, a Texas court of appeals held that a state district court must file a prisoner's civil suit petition even if he had not paid for the court-ordered ...
LCS Granted Writ of Mandamus on the Basis of Res Judicata by The Supreme Court of Alabama ruled on December 19, 2008 that res judicata was established in a prisoner’s First Amendment case that was previously adjudicated by a Louisiana court of competent jurisdiction. On October 3, 2006, Carl Braxton ...
District Court May Order Martinez Report, Ninth Circuit Holds by A federal district court has the discretion to order the preparation of a Martinez report, the U.S. Court of Appeals for the Ninth Circuit decide. Robert Tuzon, an Arizona prisoner, sued various state prison officials alleging that (1) staff had ...
Article • January 15, 2010
Mother of Murdered Son not “Victim” Within Meaning of Crime Victims Rights Act by The U.S. Court of Appeals for the Second Circuit has rejected a petition for mandamus filed by the mother of an individual murdered by Columbian paramilitaries. The mother had sought restitution under the Crime Victims Rights ...
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