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SCOTUS: No Procedural-Default Exceptions to Excuse Federal Habeas Evidentiary Hearing Bar
Article • June 15, 2022 • from CLN July, 2022
Filed under: Evidentiary Ruling (Disciplinary Hearings), AEDPA, Procedural Default/Error
SCOTUS: No Procedural-Default Exceptions to Excuse Federal Habeas Evidentiary Hearing Bar by Dale Chappell by Dale Chappell In yet another case further limiting the federal habeas corpus remedy, the Supreme Court of the United States (“SCOTUS”) held on May 23, 2022, that post-conviction counsel’s failure to develop a meritorious claim …
The Journal of Civic Information-Behind Bars Secrecy in Arizona's Private Prisons, Sept 2022
Publication • 2022
Filed under: Private Prisons
The Journal of Civic Information-Behind Bars Secrecy in Arizona's Private Prisons, Sept 2022 Petroff, Prison Labor Records, JCI, Vol. 4, No. 2: 1-16 (September 2022) the journal of c1v1c The Journal of Civic Information NFO Volume 4 | Number 2 September 2022 Journal homepage: https://journals.flvc.org/civic/ ISSN (online): 2641-970X Behind Bars: …
Ninth Circuit: IAC for Failure to Engage Mental Health Expert and Testing, State PCR Court’s Decision Contrary to Federal Law and Defective Factfinding, Habeas Relief Granted
Article • May 1, 2022 • from CLN May, 2022
Filed under: Ineffective Assistance of Counsel, Mental Health Experts
Ninth Circuit: IAC for Failure to Engage Mental Health Expert and Testing, State PCR Court’s Decision Contrary to Federal Law and Defective Factfinding, Habeas Relief Granted by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Ninth Circuit held that trial counsel’s failure to obtain a mental …
State of Arizona v. Charles Ryan, AZ, Indictment, Unlawful Discharge of Firearm, 2022
Brief • April 27, 2022
Filed under: Firearms
State of Arizona v. Charles Ryan, AZ, Indictment, Unlawful Discharge of Firearm, 2022 RACHEL H MITCHELL MARICOPA COUNTY ATTORNEY CLG'f. or T1;( S1J?ERluR Cl'~RT flLED T MCCA•.V;~;. OEP 2022 APR 27 PM ti: 14 Kristin Nordeen Deputy County Attorney Bar 10 # 025659 225 W Madison St, 2nd Floor Phoenix, …
Tased Genitals During Traffic Stop: ‘Unlawful, Potentially Criminal, and One of the Most Cruel and Troubling Cases of Police Misconduct,’ Say Police Experts
Article • March 26, 2022
Filed under: Police Misconduct, Stun Guns/Tasers, Traffic stop
Tased Genitals During Traffic Stop: ‘Unlawful, Potentially Criminal, and One of the Most Cruel and Troubling Cases of Police Misconduct,’ Say Police Experts by Brooke Kaufman by Brooke Kaufman Glendale, Arizona, police officer Matt Schneider is facing a civil rights lawsuit for excessive force after tasing a vehicle passenger 11 …
Jensen v. Shinn, AR, Response to Proposed Findings, Lack of Medical Care, 2022
Brief • February 25, 2022
Filed under: Medical
Jensen v. Shinn, AR, Response to Proposed Findings, Lack of Medical Care, 2022 Case 2:12-cv-00601-ROS Document 4314 Filed 02/25/22 Page 1 of 211 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Victoria Lopez (Bar No. 330042)* Jared G. Keenan (Bar No. 027068) ACLU …
Jensen v. Shinn, AZ, Response to Dft's Proposed Findings of Fact and Conclusions of Law, Solitary Confinement, 2022
Brief • February 25, 2022
Filed under: Control Units/SHU/Solitary Confinement
Jensen v. Shinn, AZ, Response to Dft's Proposed Findings of Fact and Conclusions of Law, Solitary Confinement, 2022 Case 2:12-cv-00601-ROS Document 4314 Filed 02/25/22 Page 1 of 211 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Victoria Lopez (Bar No. 330042)* Jared G. …
Smith v. Domitrovich, AZ, Settlement Agreement, Failure to Protect, 2022
Brief • February 7, 2022
Filed under: Failure to Protect (General)
Smith v. Domitrovich, AZ, Settlement Agreement, Failure to Protect, 2022 1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 DISTRICT OF ARIZONA 9 10 11 Estate of Clinton Dewayne Smith; and Sabrina Smith, as personal representative of the Estate and in her personal capacity, 12 13 14 …
News in Brief
Article • January 15, 2022 • from CLN February, 2022
Filed under: News in Brief
News in Brief by Arizona: The family of a homeless and mentally ill man who died after being restrained by Phoenix cops in 2017 will get $5 million from the city, after a 7-2 city council vote in favor of the payment on November 17, 2021, according to a report …
News in Brief
Article • December 15, 2021 • from CLN January, 2022
Filed under: News in Brief
News in Brief by Arizona: Claims for $300,000 were filed in September 2021 against the city of Chandler, Arizona, in advance of a lawsuit planned by two activists arrested during a protest against police brutality six months earlier. According to a report by the Phoenix New Times, the men, Darien …
Jensen v. Shinn, AR, Transcripts, Lack of Medical Care, 2021
Brief • November 2, 2021
Filed under: Medical
Jensen v. Shinn, AR, Transcripts, Lack of Medical Care, 2021 1 UNITED STATES DISTRICT COURT 2 FOR THE DISTRICT OF ARIZONA 3 _________________ 4 5 6 7 8 9 10 11 12 13 Shawn Jensen, et al., on behalf of themselves and all others similarly situated; and Arizona Center for …
Parsons v. Shinn, AR, Declaration, Lack of Medical Care, 2021
Brief • October 30, 2021
Filed under: Medical
Parsons v. Shinn, AR, Declaration, Lack of Medical Care, 2021 Case 2:12-cv-00601-ROS Document 4120 Filed 10/30/21 Page 1 of 97 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Victoria López (Bar No. 330042)* Jared G. Keenan (Bar No. 027068) ACLU FOUNDATION OF ARIZONA …
Arizona Supreme Court Announces Trial Courts Have Discretion to Deny State’s Request for SVP Screening and Provides Guidance to Courts Exercising That Discretion
Article • October 15, 2021 • from CLN November, 2021
Filed under: Sex Offender Classification
Arizona Supreme Court Announces Trial Courts Have Discretion to Deny State’s Request for SVP Screening and Provides Guidance to Courts Exercising That Discretion by Douglas Ankney by Douglas Ankney In a case of first impression, the Supreme Court of Arizona held that trial courts have discretion to deny a sexually …
Arizona Supreme Court Clarifies Proper Fundamental Error Review Applicable to Allegation of a Single, Unobjected-to Instance of Prosecutorial Misconduct
Article • October 15, 2021 • from CLN November, 2021
Filed under: Improper Comments
Arizona Supreme Court Clarifies Proper Fundamental Error Review Applicable to Allegation of a Single, Unobjected-to Instance of Prosecutorial Misconduct by Douglas Ankney by Douglas Ankney The Supreme Court of Arizona clarified the error review that is applicable when an appellant alleges a single instance of prosecutorial misconduct and no objection …
News in Brief
Article • September 15, 2021 • from CLN October, 2021
Filed under: News in Brief
News in Brief by Arizona: After shooting more people than any other U.S. city or county police department in 2018, the Phoenix Police Department (PhxPD) will now be the subject of a “pattern and practice” (P&P) investigation announced on August 5, 2021, by the federal Department of Justice (DOJ), according …
Arizona Supreme Court: Trial Courts Have Broad Discretion to Disqualify Entire Prosecutor’s Office Based on Appearance of Impropriety
Article • September 15, 2021 • from CLN October, 2021
Filed under: New Trial - Motions for
Arizona Supreme Court: Trial Courts Have Broad Discretion to Disqualify Entire Prosecutor’s Office Based on Appearance of Impropriety by Douglas Ankney by Douglas Ankney  In a case of first impression, the Supreme Court of Arizona held that trial courts have broad discretion to vicariously disqualify a prosecutor’s office based on …
AZ Prosecutor Who Allegedly Targeted BLM Protestors Files $10m Defamation Suit Against Boss Who Dropped Charges Against Them
Article • September 3, 2021
Filed under: Protests, False Arrest, Racial Profiling, Defamation
AZ Prosecutor Who Allegedly Targeted BLM Protestors Files $10m Defamation Suit Against Boss Who Dropped Charges Against Them by Saying her superiors made her a "scapegoat" in the Maricopa County Attorney’s Office (MCAO), a prosecutor who went after a group of Phoenix Black Lives Matter (BLM) protestors with gang-related charges …
Arizona Supreme Court: Trial Court’s Failure to Protect Defendant’s Right to Conflict-Free Counsel May Be Raised on Direct Appeal 16 Massachusetts Supreme Court: Error to Exclude Expert Testimony on S...
Article • August 15, 2021 • from CLN September, 2021
Filed under: Appealable Issues/Orders, Conflict of Interest
Arizona Supreme Court: Trial Court’s Failure to Protect Defendant’s Right to Conflict-Free Counsel May Be Raised on Direct Appeal 16 Massachusetts Supreme Court: Error to Exclude Expert Testimony on Significance of Tattoo to Support Claim of Self-Defense by Douglas Ankney by Douglas Ankney The Supreme Court of Arizona affirmed a …
"Arizona Supreme Court Announces ‘Reasonable Possibility’ Standard in Balancing Right to Present Complete Defense Against Victim’s Refusal to Disclose Privileged Medical Records"
Article • July 15, 2021 • from CLN August, 2021
"Arizona Supreme Court Announces ‘Reasonable Possibility’ Standard in Balancing Right to Present Complete Defense Against Victim’s Refusal to Disclose Privileged Medical Records" by Douglas Ankney by Douglas Ankney The Supreme Court of Arizona held that when a defendant’s due process right to present a complete defense conflicts with a victim’s …
Powers v. McNutt, AZ, Complaint, Lack of Medical Care, 2021
Brief • June 24, 2021
Filed under: Failure to Treat
Powers v. McNutt, AZ, Complaint, Lack of Medical Care, 2021 Case 2:20-cv-01597-GMS-JZB Document 57 Filed 06/24/21 Page 1 of 44 5 KEITH M. KNOWLTON, L.L.C. 9920 S. Rural Road, Suite 108 PMB# 132 Tempe, Arizona 85284-4100 (480) 755-1777 FAX (480) 471-8956 Attorney for Plaintiff Keith M. Knowlton - SBN 011565 …
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