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Article • December 29, 2018 • from CLN January, 2019
Colorado Leads U.S. in Suppression of Court Cases by Kevin Bliss by Kevin Bliss The Denver Post reported that it had found a cache of suppressed court cases in Colorado. More than 6,700 cases, mostly criminal (including some involving violent felonies), had been restricted from public access since 2013. Many …
Article • December 5, 2018 • from CLN December, 2018
Michigan Supreme Court Announces New Rule for Appointing Expert Witness for Indigent Defendants, No Longer Left to Trial Judge’s Discretion by Dale Chappell by Dale Chappell The Supreme Court of Michigan held that a trial judge’s discretion plays no part in appointing an expert witness for a defendant; instead, a …
Is a Florida Chief Judge Taking Cues From a Prosecutor? by Jacqueline Azis, Somil Trivedi by Jacqueline Azis, Staff Attorney, ACLU of Florida & Somil Trivedi, Staff Attorney, ACLU Trone Center for Justice and Equality Prosecutors are some of the most powerful elected officials in our country. They decide what …
Article • September 23, 2018 • from CLN October, 2018
11th Circuit Rules Immigration Judges are United States Judges for Purposes of 18 U.S.C. § 115(a)(1)(B) by David Reutter by David Reutter In an issue of first impression nationally, the U.S. Court of Appeals for the Eleventh Circuit held that an immigration judge is a “United States judge” within the …
Article • August 17, 2018 • from CLN September, 2018
Filed under: Guilty Pleas, Judiciary, Trials
South Dakota Supreme Court Rules that Trial Court Cannot Reject a Plea Agreement It Already Implicitly Accepted by Christopher Zoukis by Christopher Zoukis The Supreme Court of the State of South Dakota reversed a trial court’s decision to reject a binding plea agreement because it had already implicitly accepted the …
NYC Board of Correction: Second Assessment of the New York City Department of Correction Inmate Grievance System, 2018 Second Assessment of the New York City Department of Correction Inmate Grievance System June 2018 Table of Contents I. Background ..................................................................................................................................... 3 II. Summary of Findings .................................................................................................................... 5 III. Recommendations for Improving …
Fifth Circuit Holds Prisoner May Sign and Deliver Habeas-Related Motion on Behalf of Fellow Prisoner Under Prison Mailbox Rule by Dale Chappell by Dale Chappell A prisoner may sign and deliver a habeas-related motion to prison officials for timely mailing under the “prison mailbox rule” on behalf of another prisoner, …
Indigent Defense in America: An Affront to Justice by Christopher Zoukis by Christopher Zoukis The Sixth Amendment to the United States Constitution provides that “[i]n all criminal prosecutions, the accused shall have the right ... to have the Assistance of Counsel for his defense.” What exactly the “right” to counsel in …
Article • February 16, 2018 • from CLN March, 2018
Louisiana Indigent Defendants Face Death Penalty Without Lawyers by Christopher Zoukis by Christopher Zoukis The indigent defense crisis in Louisiana continues, but it is now taking a new and more ominous direction. In order to fund local public defenders, the state has taken $3 million from capital defenders, leaving at …
Article • February 16, 2018 • from CLN March, 2018
Few Indigent Defendants Have Lawyer at Arraignment by Mark Wilson by Mark Wilson "Giving defendants a lawyer, treating them with respect, and honoring the Constitution give them more confidence in what we’re trying to do,” observes Michigan District Court Judge Tom Boyd. “That starts with giving them the respect they …
Curb False Confessions: Provide Suspects With Lawyers by Derek Gilna by Derek Gilna According to the nonprofit National Registry of Exonerations, Cook County, Illinois has a false confession rate three times higher than the national average. In November 2017, Cook County Prosecutor Kim Foxx dropped criminal cases against 15 men …
Article • February 16, 2018 • from CLN March, 2018
Hawaii Supreme Court: Defendants Entitled to Hearing Within 2 Days by Dale Chappell by Dale Chappell There is a “strong presumption” a defendant held in custody beyond two days without a preliminary hearing (or other method to show probable cause), absent “compelling circumstances,” must be released, the Hawaii Supreme Court …
Article • December 27, 2017
Michigan Supreme Court Uses Technicality to Deny Access to Courts in Suits Against the State by Christopher Zoukis by Christopher Zoukis On June 5, 2015, the Michigan Supreme Court shut the door on two plaintiffs who had been injured by Michigan state employees. On May 19, 2007, Lori Stone injured …
State Bar of Texas Legal Services to the Poor in Criminal Matters Committee: Review of the Operations of State Counsel for Offenders, 2017 Review of the Operations of State Counsel for Offenders Report by the State Bar of Texas Legal Services to the Poor in Criminal Matters Committee1 Approved for …
Publication • July 27, 2017
Sylvia Rivera Law Project - Name Changes for Transgender Adults in New York State Prisons, 2017 NAME CHANGES FOR TRANSGENDER ADULTS IN NEW YORK STATE PRISONS Last Updated Spring 2017 LEGAL DISCLAIMER This manual was written by the staff at the Sylvia Rivera Law Project. We would like to thank …
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 …
Publication • 2017
Filed under: Legal Materials
7th Circuit Guide for Recruited Counsel 2017 Guide for Attorneys Recruited to Represent Plaintiffs in Section 1983 Cases Prepared by Staff Attorneys of the District Courts of the United States Court of Appeals for the Seventh Circuit 2017 Contents: The Basics of Prison Litigation Under Section 1983 ....................................2 Claims about …
Publication • 2017
Filed under: Legal Materials
7th Circuit Guide for Recruited Counsel 2017 (1) Guide for Attorneys Recruited to Represent Plaintiffs in Section 1983 Cases Prepared by Staff Attorneys of the District Courts of the United States Court of Appeals for the Seventh Circuit 2017 Contents: The Basics of Prison Litigation Under Section 1983 ....................................2 Claims …
Center for Immigrants' Rights Clinic - Imprisoned Justice, Penn State Law, 2017 IMPRISONED JUSTICE: Inside Two Georgia Immigrant Detention Centers May 2017 PHOTO CREDIT: TOP PHOTO: STEVEN RUBIN; BOTTOM PHOTOS: STEVE PAVEY Center for Immigrants’ Rights Clinic Imprisoned Justice: Inside Two Georgia Immigrant Detention Centers 1 “SEGREGATION IS LIKE HELL. …
Charging the Poor - Criminal Justice Debt & Modern-Day Debtors' Prisons, Sobol, 2016 Legal Studies Research Paper Series Research Paper No. 16–09 Charging the Poor: Criminal Justice Debt & Modern-Day Debtors' Prisons Neil L. Sobol This paper can be downloaded without charge from the Social Science Research Network Electronic Paper …
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