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Ninth Circuit: Discovery Rule Applies to Judicial Deception Claims
by Mark Wilson
Applying the Discovery Rule in determining when the applicable two-year statute of limitations (“SOL”) begins to run on “judicial deception” claims, the U.S. Court of Appeals for the Ninth Circuit held that a claim brought three-and-a-half years after a search warrant was executed was not …
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More from this issue:
- Faulty Forensics and Lab Scandals Highlight Urgent Need for Enforceable Scientific Standards, by Matthew Clarke
- Criminal Cops: Tracking Crimes Committed by Police Officers, by Christopher Zoukis
- Prosecutors in New Orleans Prosecute Public Defenders for Doing Their Job, by Matthew Clarke
- Seventh Circuit: No Federal Court Jurisdiction to Resolve State Executive and Legislative Branch Disputes, by Mark Wilson
- Eighth Circuit Reverses Summary Judgment on Ferguson Protestor’s Excessive Force Claim, by Mark Wilson
- Ninth Circuit Suppresses Gang Affiliation Evidence Obtained Without Miranda Warnings, by Mark Wilson
- Mississippi Supreme Court Upholds Lawyer’s Contempt Sanction for “Improper” Argument, by Mark Wilson
- Trump Administration Kills Obama’s Forensic Evidence Reliability Reform Efforts, by Mark Wilson
- Georgia Supreme Court Grants New Trial After Trial Transcript Lost, by Christopher Zoukis
- New California Law Safeguards Minors’ Rights When in Police Custody
- $450,000 Settlement to Whistleblower in Case of Framing, by David Reutter
- What Do You Get for Kicking Handcuffed Suspects? Promoted and $130,000 Annual Pension for Life, by Derek Gilna
- Idaho Supreme Court Reinstates Class Action Against the State Alleging Inadequate Public Defense System, by Mark Wilson
- Suffolk County District Attorney and Aide Indicted for Beating and Coverup, by Derek Gilna
- Baltimore Police Department’s Misconduct Scandals Result in Hundreds of Dismissals and Indictment of Eight Officers, by Derek Gilna
- Oregon Supreme Court Announces Default Rule When Plea Agreement Silent About Reprosecution Upon Subsequent Death of Victim, by Mark Wilson
- New York Becomes First State to Require Trial Judges to Remind Prosecutors of Their Brady Obligations During All Criminal Trials, by Christopher Zoukis
- DOJ Ends Unconstitutional Investigative Holds by Louisiana Police, by David Reutter
- Idaho Supreme Court: Officer Must Intend to Arrest Before Conducting a Search Incident to Arrest, by Christopher Zoukis
- In Case of First Impression, Louisiana Supreme Court Holds Public Records Restriction Inapplicable to Defense Attorney’s Request for Client’s Files and Awards Fees, by Mark Wilson
- Tennessee Supreme Court Clarifies Split Confinement Sentence Procedures, by David Reutter
- Sentence Vacated Due to Improper Enhancement Under Sentencing Guidelines, by Christopher Zoukis
- Texas Attorney General Rules Civilly Committed Sex Offenders Entitled to Vote by Mail Ballot, by Matthew Clarke
- U.S. Supreme Court Rejects Habeas Relief Citing AEDPA Deference, by Brandon Sample
- New York City Quietly Assembling Massive Unregulated DNA Database, by Derek Gilna
- Supreme Court Holds Texas May Not Use Outdated Standards to Determine Intellectual Disability in Death Penalty Cases, by Matthew Clarke
- Ninth Circuit Reverses Summary Judgment on Unreasonable Seizure Claim, by Mark Wilson
- Ninth Circuit: Discovery Rule Applies to Judicial Deception Claims, by Mark Wilson
- From the Editor, by Richard Resch
- U.S. Supreme Court Decision Temporarily Throws Florida’s Death Machine Into Disarray and Prompts Change to State’s Death Penalty, by David Reutter
- News in Brief
More from Mark Wilson:
- Indiana Prisoner Sues Prison Abolition Group, Wins $1,097 Default Judgment, April 26, 2024
- Eighth Circuit Affirms Denial of Qualified Immunity to Minnesota Jail Guard Accused of Grabbing and Squeezing Detainee’s Penis, Feb. 1, 2024
- Former Oregon Prison Nurse Gets 30 Years for Raping Prisoners, Dec. 1, 2023
- After Ninth Circuit Refuses to Compel Arbitration, National Class Certified in HRDC’s Challenge to Jail and Prison Debit Card Fees, Oct. 15, 2023
- Seventh Circuit Revives Illinois Prisoner’s Claim Over Knee Surgery Delayed 29 Months, Oct. 15, 2023
- Fourth Circuit Reinstates North Carolina Prisoner’s Suit, Finding Grievance Procedure Availability an Open Question, Oct. 15, 2023
- Congress Forces BOP to Upgrade Security Cameras, Sept. 15, 2023
- Oregon Will Hold Release Hearings for 73 Prisoners Sentenced to LWOP as Juveniles, Sept. 15, 2023
- Senators Slam “Egregious” Prisoner Sexual Abuse by BOP Employees, Sept. 15, 2023
- Minnesota Supreme Court Denies Qualified Immunity for Delayed Transfer of Sex Offenders, Sept. 15, 2023
More from these topics:
- Arizona’s Secret Mass Surveillance System: An Obscure Financial Database Amasses Millions of Financial Records in the Shadows, July 1, 2025. Searches, Search and Seizure, Warrants, Continuing Financial Crimes Enterprise (CFCE), Domestic Financial Institution.
- Seven TDCJ Prison Guards Arrested in Alleged Smuggling Ring, June 1, 2025. Guard Misconduct, Searches, Prison Conditions.
- Ninth Circuit: No Exception to Due Diligence in Discovery Even for “Conclusive Evidence”, April 1, 2025. Discovery, Suppression of Evidence.
- Colorado Bureau of Investigation Admits Over 1,000 Cases Affected by DNA Test Misconduct, Feb. 1, 2025. Judicial Misconduct, DNA Testing/Samples, junk science, Forensic Sciences.
- Qualified Immunity Denied to Former New Mexico Warden in Prisoner’s Sexual Abuse Claim, May 1, 2024. Staff-Prisoner Assault, Discovery, Qualified Immunity, Supervisory Liability, Immunity - Absolute and Qualified.
- $9,000 Settlement in Wisconsin Prisoner’s Heat-Related Illness Suit, April 1, 2024. Failure to Treat, Exposure to Heat, Discovery, Deliberate Indifference.
- Misconduct Shades Sexual Assault Suit As Hawaii Settles With Prisoners for $2 Million, Feb. 1, 2024. Staff-Prisoner Assault, DOC/BOP misconduct, New Trial Motions, Discovery.
- Corizon Health Bankruptcy Delayed by Revelation of Attorney’s Affair With Mediator, Jan. 1, 2024. Corizon, Judicial Misconduct, Attorney Misconduct, Bankruptcy, Appearance of Justice/Impartiality.
- Washington Agencies Sanctioned for Discovery Violations Reach $3.1 Million Settlement with Disabled Woman Allegedly Abused at State Sanctioned Home, Jan. 1, 2024. Attorney Misconduct, Discovery, Sanctions, Discovery - Lateness of.
- Pennsylvania Guards and Their Attorneys Spanked for Discovery Abuse in Prisoner’s Excessive-Force Suit, March 1, 2023. Excessive Force, Discovery.





