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Fenty v. Penzone, AZ, Amicus Brief, Covid-19 Conditions, 2021
Brief • 2021
Filed under: COVID-19
Fenty v. Penzone, AZ, Amicus Brief, Covid-19 Conditions, 2021 NO. 21-71351 IN THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT JASON FENTY, ET. AL. v. Petitioners, UNITED STATES DISTRICT COURT-DISTRICT OF ARIZONA, Respondent, SHERIFF PAUL PENZONE, IN HIS OFFICIAL CAPACITY, AND MARICOPA COUNTY, A MUNICIPAL ENTITY, Real Parties …
Arizona Dept of Corrections, Request for Proposals for a Privately-Owned Prison, 2021
Publication • 2021
Filed under: Private Prisons
Arizona Dept of Corrections, Request for Proposals for a Privately-Owned Prison, 2021 - REQUEST FOR PROPOSALS State of Arliona Department of Corrections, Rehabilitation & Reentry 1645 W. Jefferson St. Phoenix, AZ. 85007 Solicitation No.: BPM003512 / ADCRR Ref: 21-109-26 Description: 2,706 Medium and Close Custody Contract Beds In accordance with …
Arizona DOC - Request for Proposals for Private Prison Facility 2021
Publication • 2021
Filed under: Private Prisons
Arizona DOC - Request for Proposals for Private Prison Facility 2021 - REQUEST FOR PROPOSALS State of Arliona Department of Corrections, Rehabilitation & Reentry 1645 W. Jefferson St. Phoenix, AZ. 85007 Solicitation No.: BPM003512 / ADCRR Ref: 21-109-26 Description: 2,706 Medium and Close Custody Contract Beds In accordance with A.R.S. …
News in Brief
Article • April 15, 2021 • from CLN May, 2021
Filed under: News in Brief
News in Brief by Arizona: A week after he was shot chasing a suspect, an off-duty police officer from Alberquerque, New Mexico, was arrested on February 21, 2021, for aggravated DWI. According to a report by local TV station KRQE, Officer Fouad Cherair, 29, was found by police in the …
News in Brief
Article • January 15, 2021 • from CLN February, 2021
Filed under: News in Brief
News in Brief by Arizona: The family of 40-year-old Ryan Whitaker, who was fatally shot in the back by a police officer investigating a noise complaint, settled in December 2020 with the city of Phoenix for $3 million by unanimous City Council vote. Whitaker was shot in the doorway of …
SCOTUS Vacates Grant of Habeas Relief, Citing Habeas ‘Deference’ to State Court Decisions
Article • January 15, 2021 • from CLN February, 2021
Filed under: Habeas Corpus, AEDPA, Ineffective Assistance of Counsel, Mitigating Role/Circumstances/Evidence
SCOTUS Vacates Grant of Habeas Relief, Citing Habeas ‘Deference’ to State Court Decisions by Dale Chappell by Dale Chappell In a decision highlighting the deference to state court decisions under the Antiterrorism and Effective Death Penalty Act (“AEDPA”), the Supreme Court of the United States held on December 14, 2020, …
Ninth Circuit: District Court Abdicated Daubert Gatekeeping Function by Failing to Make Reliability Findings on Expert Witness’ Testimony
Article • December 15, 2020 • from CLN January, 2021
Filed under: Reliability of Evidence/Testimony, Expert and Opinion Testimony
Ninth Circuit: District Court Abdicated Daubert Gatekeeping Function by Failing to Make Reliability Findings on Expert Witness’ Testimony by Anthony Accurso by Anthony W. Accurso The U.S. Court of Appeals for the Ninth Circuit ruled that the U.S. District Court for the District of Arizona failed in its gatekeeping function …
Arizona Supreme Court: Stipulated Plea Agreement Cannot Bar Review of Illegal Sentence
Article • December 15, 2020 • from CLN January, 2021
Filed under: U.S. Sentencing Guidelines, Appellate Jurisdiction/Review, Plea Agreements/Guilty Pleas
Arizona Supreme Court: Stipulated Plea Agreement Cannot Bar Review of Illegal Sentence by David Reutter by David M. Reutter The Supreme Court of Arizona held that the Court of Appeals “erred by effectively eliminating a defendant’s right to appeal a probation revocation sentence consistent with a plea agreement stipulation.” The …
Arizona Supreme Court Declares Gang-Association Statute Unconstitutional
Article • October 15, 2020 • from CLN November, 2020
Filed under: Notice of Unconstitutionality, Gangs
Arizona Supreme Court Declares Gang-Association Statute Unconstitutional by Dale Chappell by Dale Chappell The Supreme Court of Arizona held on September 1, 2020, that a statute increasing a misdemeanor charge to a felony for merely being part of a gang is unconstitutional on its face as a violation of substantive …
Gladney v. Shartle et al, AZ, Motion by HRDC to Unseal, 2020
Filing • September 22, 2020
Filed under: PLN Litigation, Freedom of Information Act (FOIA)
Gladney v. Shartle et al, AZ, Motion by HRDC to Unseal, 2020 Gregg P. Leslie, Gregg.Leslie@asu.edu, Bar # 035040 * Ryan Lee, rdlee4@asu.edu ** First Amendment Clinic, Public Interest Law Firm Arizona State University Sandra Day O’Connor College of Law 111 E. Taylor St., Mail Code 8820, Phoenix, AZ 85004 …
Arizona Supreme Court Announces Cumulative Error Framework for Reviewing Multiple Instances of Prosecutorial Misconduct
Article • September 15, 2020 • from CLN October, 2020
Filed under: Prosecutorial Misconduct, Cumulative Error
Arizona Supreme Court Announces Cumulative Error Framework for Reviewing Multiple Instances of Prosecutorial Misconduct by Douglas Ankney by Douglas Ankney The Supreme Court of Arizona announced a cumulative error framework for when an appellant claims he was denied a fair trial due to the cumulative effect of multiple instances of …
News in Brief
Article • August 15, 2020 • from CLN September, 2020
Filed under: News in Brief
News in Brief by Arizona: Mariah Valenzuela has filed legal notices against the city of Phoenix and Maricopa County over Phoenix police officer Michael McGillis’ use of force during a January 16, 2020 traffic stop, abc15.com reports. The officer, driving a white van, stopped Valenzuela for allegedly veering across the …
Smith v. Domitrovich, AZ, Complaint, Failure to Protect, 2020
Brief • June 26, 2020
Filed under: Failure to Protect (General)
Smith v. Domitrovich, AZ, Complaint, Failure to Protect, 2020 Case 4:18-cv-00323-RCC Document 103 Filed 06/26/20 Page 1 of 73 1 2 3 4 5 6 7 8 9 Gail K. Johnson, admitted pro hac vice Colorado State Bar No. 29703 Aurora L. Randolph, admitted pro hac vice Colorado State Bar …
Arizona Dept of Corrections, Capital Projects Funding Performance Audit, 2020
Publication • 2020
Filed under: Corrections Audits
Arizona Dept of Corrections, Capital Projects Funding Performance Audit, 2020 Arizona Department of Corrections, Rehabilitation and Reentry Capital Projects Funding and Department Finances Department spending we reviewed was consistent with statutory and other requirements, but the Department has received a small percentage of its requested capital funding and has not …
News in Brief
Article • May 15, 2020 • from CLN June, 2020
Filed under: News in Brief
News in Brief by Arizona: Tucson has a new ordinance topunish those who fail to stay outside designated crime scene perimeters, the Tucson Star reports. The law aims to halt “cop haters” with cameras, but the potential fallout is a stifling of First Amendment rights. While people should not provoke …
A Mass Purge of Misconduct Records by Phoenix, Arizona Police
Article • May 15, 2020 • from CLN June, 2020
Filed under: Exemption 7
A Mass Purge of Misconduct Records by Phoenix, Arizona Police by Bill Barton by Bill Barton Few people realize that Phoenix police regularly “purge” the disciplinary records of police, an Arizona Republic investigation uncovered. And it’s been going on for two decades. The Republic uncovered “more than 600 acts of …
News in Brief
Article • April 15, 2020 • from CLN May, 2020
Filed under: News in Brief
News in Brief by Arizona: A sheriff’s deputy who roughed up a 15-year-old quadruple amputee during an arrest at a state-operated group home in September 2019 will not face excessive use of force charges, the Pima County Attorney’s Office announced March 10, 2020. “The teen, in a group home after …
Hawai’i Supreme Court: Time Spent in Arizona Prison Counts Toward Speedy Trial Rule in Hawai’i
Article • February 18, 2020 • from CLN March, 2020
Filed under: Trials
Hawai’i Supreme Court: Time Spent in Arizona Prison Counts Toward Speedy Trial Rule in Hawai’i by Anthony Accurso by Anthony Accurso The Supreme Court of Hawai’i held that a defendant’s time spent in the custody of the State, though he was in a mainland prison in Arizona, did not make …
Hundreds of Cop Shootings Yearly in Arizona
Article • January 21, 2020 • from CLN February, 2020
Filed under: Shootings, Police
Hundreds of Cop Shootings Yearly in Arizona by Edward Lyon by Ed Lyon Arizona is known for the antics of former Maricopa County Sheriff Joseph Arpaio. A hard-liner on crime, Arpaio was constantly harsh on prisoners, often to an unconstitutional extent. An alarming, statistically backed report compiled by the Arizona …
Prison Legal News v. Ryan, AZ, Order re Injunction, PLN Censorship, 2019
Filing • November 6, 2019
Filed under: PLN Litigation, Censorship, HRDC Litigation
Prison Legal News v. Ryan, AZ, Order re Injunction, PLN Censorship, 2019 Case 2:15-cv-02245-ROS Document 305 Filed 11/06/19 Page 1 of 3 1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Prison Legal News, Plaintiff, 10 11 v. 12 …
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