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The Louisiana Board of Parole Giveth and Taketh Away: The Troubling Case of Bobby Sneed
Article • August 15, 2021 • from CLN September, 2021
Filed under: Parole Board Misconduct
The Louisiana Board of Parole Giveth and Taketh Away: The Troubling Case of Bobby Sneed by Casey Bastian by Casey J. Bastian In yet another outrageous example of what constitutes “justice” in America, we have the story of 74-year-old Bobby Sneed. He has been imprisoned at one of this nation’s …
Moore v. Lasalle Management, LA, Opening Brief, Wrongful Death, 2021
Brief • June 14, 2021
Filed under: Wrongful Death
Moore v. Lasalle Management, LA, Opening Brief, Wrongful Death, 2021 Case: 20-30739 Document: 00515899422 Page: 1 Date Filed: 06/14/2021 No. 20-30739 IN THE United States Court of Appeals for the Fifth Circuit ERIE MOORE, JR.; TAMARA GREEN; TIFFANY ROBINSON, Plaintiffs-Appellants, v. LASALLE MANAGEMENT COMPANY, L.L.C., INCORRECTLY NAMED AS LASALLE CORRECTIONS, …
Adequacy of Healthcare Provided in Louisiana State Prisons, 2021
Publication • 2021
Filed under: Inadequate Health Care Facilities
Adequacy of Healthcare Provided in Louisiana State Prisons, 2021 PREPARED FOR THE LOUISIANA STATE LEGISLATURE HOUSE CONCURRENT RESOLUTION 91 (2020) ADEQUACY OF HEALTHCARE PROVIDED IN LOUISIANA STATE PRISONS STUDY BRIEF MAY 2021 LOYOLA UNIVERSITY NEW ORLEANS NEW ORLEANS 2 CONTENTS I HEALTHCARE NEEDS FOR INCARCERATED PEOPLE 2 II ACCESSING HEALTHCARE …
News in Brief
Article • May 15, 2021 • from CLN June, 2021
Filed under: News in Brief
News in Brief by California: On March 12, 2021, federal prosecutors in California unsealed indictments against a pair of policemen accused of pocketing cash and drugs confiscated from suspects they pulled over in traffic stops. According to a report by Law & Crime, former Rohnert Park Police Department officers Brendon …
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 …
Hundreds Serving Life Due to Less Than Unanimous Jury Verdicts
Article • March 15, 2021 • from CLN April, 2021
Filed under: U.S. Sentencing Guidelines, Jury Determinations
Hundreds Serving Life Due to Less Than Unanimous Jury Verdicts by Edward Lyon by Ed Lyon After the U.S. Civil War and followingthe 13th and 14th Amendments to the Constitution that banned slavery, laws designed to disadvantage Black people were passed throughout former Rebel states. Those legislative acts became known …
Giroir v. Leblanc, LA, Class Action Complaint, Overdetaining, 2021
Brief • February 19, 2021
Filed under: Detainers - Generally
Giroir v. Leblanc, LA, Class Action Complaint, Overdetaining, 2021 Case 3:21-cv-00108-JWD-SDJ Document 1 02/19/21 Page 1 of 21 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA JOEL GIROIR, on behalf of himself and all similarly situated individuals, Plaintiff, CIVIL ACTION NO. 21-cv-108 v. CLASS ACTION JAMES LEBLANC, in his official …
Fifth Circuit: No Qualified Immunity When Police Fatally Beat Unresisting Man Suffering Mental Health Crisis
Article • February 15, 2021 • from CLN March, 2021
Filed under: Qualified Immunity, Mental Health, Excessive Force (Police)
Fifth Circuit: No Qualified Immunity When Police Fatally Beat Unresisting Man Suffering Mental Health Crisis by Matthew Clarke by Matt Clarke The U.S. Court of Appeals for the Fifth Circuit upheld the U.S. District Court for the Eastern District of Louisiana’s denial of qualified immunity to two police officers who …
When a Hung Jury Is Enough
Article • January 15, 2021 • from CLN February, 2021
Filed under: Mistrial Motion, Jury Deliberations
When a Hung Jury Is Enough by Jayson Hawkins by Jayson Hawkins The rules for jury trials vary a great deal from state to state, but one rule that is almost universal is the requirement that the jury’s decision be unanimous. This rule is “almost” universal because two states, Louisiana …
Louisiana Supreme Court Vacates Murder Conviction for Speedy Trial Violation
Article • January 15, 2021 • from CLN February, 2021
Filed under: Wrongful Conviction, Delays in Prosecution of Case
Louisiana Supreme Court Vacates Murder Conviction for Speedy Trial Violation by Dale Chappell by Dale Chappell In a case where state prosecutors delayed retrying a defendant after his conviction was vacated, the Supreme Court of Louisiana held that the State’s delay violated the speedy trial rules and vacated the murder …
Louisiana Supreme Court: Statute Compelling Registered Sex Offenders to Carry ID Emblazoned with ‘SEX OFFENDER’ Unconstitutional
Article • December 15, 2020 • from CLN January, 2021
Filed under: Sex Offender Registration, Sex Offenders (Discrimination), Doctrine of Unconstitutional Conditions
Louisiana Supreme Court: Statute Compelling Registered Sex Offenders to Carry ID Emblazoned with ‘SEX OFFENDER’ Unconstitutional by Douglas Ankney by Douglas Ankney The Supreme Court of Louisiana affirmed a district court’s holding that declared unconstitutional a state statute compelling registered sex offenders to carry identification emblazoned with the words “SEX …
Carter v. Derr, LA, Settlement, Lack of Medical Care, 2020
Brief • November 17, 2020
Filed under: Systemic Medical Neglect
Carter v. Derr, LA, Settlement, Lack of Medical Care, 2020
Fifth Circuit Grants Habeas Relief Because Detective’s Testimony of Witness Identification of Defendant Violates Confrontation Clause
Article • October 15, 2020 • from CLN November, 2020
Filed under: Habeas Corpus, Confrontation Clause/Rights, Witnesses - Prior Statements/Testimony
Fifth Circuit Grants Habeas Relief Because Detective’s Testimony of Witness Identification of Defendant Violates Confrontation Clause by Dale Chappell by Dale Chappell In a case where a prosecutor pulled statements from a detective during testimony before a jury that tied a defendant to the crime – and without that witness …
Fifth Circuit Clarifies AEDPA Time Limit Tolling for Louisiana Prisoners Filing Federal Habeas Corpus
Article • July 15, 2020 • from CLN August, 2020
Filed under: AEDPA, Tolling of Statutes of Limitations and Laches
Fifth Circuit Clarifies AEDPA Time Limit Tolling for Louisiana Prisoners Filing Federal Habeas Corpus by Dale Chappell
Promise of Justice Initiative, How the Pandemic Ravaged Louisana's Prisons, Jails, and Detention Centers, 2020
Publication • 2020
Filed under: COVID-19
Promise of Justice Initiative, How the Pandemic Ravaged Louisana's Prisons, Jails, and Detention Centers, 2020 2020 DECEMBE ICE I I IA I E F J MI E HE LOCKED IN WITH COVID-19 H HE 2020 A DEMIC A AGED L I IA A I JAIL , A D DE E …
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 …
Notorious Louisiana Prosecutor Fired for Misconduct Technicality
Article • May 15, 2020 • from CLN June, 2020
Filed under: Attorney Misconduct
Notorious Louisiana Prosecutor Fired for Misconduct Technicality by Edward Lyon by Ed Lyon Jason Brown was a ‘lock ‘em up tight and throw away the key’ type. One of the most disliked prosecutors in Caddo Parish, Louisiana, history, he was a hard-charging and inflexibly tough prosecutor who pushed for maximum …
Could a Second Chance be the Answer?
Article • April 15, 2020 • from CLN May, 2020
Filed under: Parole
Could a Second Chance be the Answer? by Kevin Bliss by Kevin Bliss Louisiana has one of the U.S.’s toughest second-degree murder sentencing structures. If convicted, it is an automatic life without parole. The state currently has about 5,000 of its approximately 33,000 prisoners serving life sentences, 51 percent of …
Fifth Circuit Settles In-Circuit Confusion, Holds Implicit Extension of Time to File State Appeal Tolls AEDPA Clock to File Federal Habeas Petition
Article • April 15, 2020 • from CLN May, 2020
Filed under: AEDPA, Periods of Delay
Fifth Circuit Settles In-Circuit Confusion, Holds Implicit Extension of Time to File State Appeal Tolls AEDPA Clock to File Federal Habeas Petition by Dale Chappell by Dale Chappell T he U.S. Court of Appeals for the Fifth Circuit held on February 3, 2020, that when a Louisiana state court grants …
Louisiana Supreme Court: State Abused Charging Authority by Dismissing and Reinstituting Charges to Circumvent Adverse Court Ruling
Article • March 18, 2020 • from CLN April, 2020
Louisiana Supreme Court: State Abused Charging Authority by Dismissing and Reinstituting Charges to Circumvent Adverse Court Ruling by Anthony Accurso by Anthony Accurso  The Supreme Court of Louisiana held that the district attorney’s office abused its charging authority when it dismissed, then immediately refiled, charges against a defendant to circumvent …
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