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Article • December 22, 2017
Willful Violation of Tennessee FOIA Occurs by Requiring Unauthorized Fees by A Tennessee state appellate court reversed a trial court’s ruling that a custodian of records’ denial of access to public records was “not willful." The court found the denial was “willful." Where the prior ruling prevented the trial court from …
Article • December 19, 2017 • from CLN January, 2018
Texas Attorney General Rules Civilly Committed Sex Offenders Entitled to Vote by Mail Ballot by Matthew Clarke by Matt Clarke In May 2017, Texas Attorney General Ken Paxton ruled that civilly committed sex offenders have a right to vote by mail ballot. The ruling puts an end to the confusion …
Article • December 19, 2017 • from CLN January, 2018
Supreme Court Holds Texas May Not Use Outdated Standards to Determine Intellectual Disability in Death Penalty Cases by Matthew Clarke by Matt Clarke In a 5-3 opinion handed down on March 28, 2017, the U.S. Supreme Court held that the Texas Court of Criminal Appeals (“CCA”) violated the Eighth Amendment …
Public Records Relating to Sex Offender Registry Not Exempt from Disclosure, Washington Court Rules by Lonnie Burton On April 7, 2016, the Washington State Supreme Court, in a 7-2 decision, overturned the ruling of a trial court that held sex offender registry information was exempt from disclosure under the state …
Article • December 12, 2017
Seventh Circuit Upholds Denial of FOIA Request for Terrorist Organization Information by Christopher Zoukis The United States Court of Appeals for the Seventh Circuit has upheld a district court's ruling that certain information relating to terrorist organizations is not disclosable under the Freedom of Information Act (FOIA). Heartland Alliance National …
Article • December 11, 2017
Fifth Circuit Allows Intervention by Sierra Club in Reverse FOIA Suit by Christopher Zoukis By Christopher Zoukis The United States Court of Appeals for the Fifth Circuit has allowed Sierra Club to intervene in a reverse Freedom of Information Act (FOIA) records request lawsuit. The dispute stemmed from FOIA requests …
Article • December 1, 2017
California Attorney Invoices Not Categorically Exempt from PRA Disclosure by Mark Wilson by Mark Wilson The California Supreme Court held that legal billing statements in closed cases are not categorically exempt from disclosure under California’s Public Records Act (PRA). Modeled after the federal Freedom of Information Act (FOIA), the California …
Article • November 30, 2017
Connecticut Removal of Spanish-Speaking Juror Not Reversible Without Prejudice by Mark Wilson by Mark Wilson The Connecticut Supreme Court held that the improper exclusion of a prospective Spanish-speaking juror is not reversible unless prejudice is shown. Jeffrey P. Gould was tried on a Connecticut sex crime. While the prosecutor was …
Ohio's Adam Walsh Act Registration Not Retroactive by Mark Wilson by Mark Wilson The Ohio Supreme Court held that amendments to the state's sex offender registration law do not apply to defendants who committed their crimes before January 1, 2008. In 1996, the Ohio legislature enacted Megan's Law, establishing a …
Article • November 28, 2017
Arkansas Supreme Court: Accident Report Information Not Exempt from FOIA Disclosure by Mark Wilson by Mark Wilson The Arkansas Supreme Court held that the federal Driver's Privacy Protection Act (DPPA) does not prohibit public disclosure of information contained in vehicle accident reports from being released under the Freedom of Information …
Publication • November 17, 2017
Progress Report DOJ Prison Rape Elimination Act Office of the Inspector General U.S. Department of Justice Progress Report on the Department of Justice’s Implementation of the Prison Rape Elimination Act WORKING DRAFT Evaluation and Inspections Division 15-1 October 2014 EXECUTIVE SUMMARY The Prison Rape Elimination Act of 2003 (PREA) required …
Article • November 16, 2017
U.S. Court of Appeals for D.C. Circuit Holds Waiver of FOIA Rights in Plea Agreement Unenforceable by David Reutter by David Reutter The U.S. Court of Appeals for the D.C. Circuit held that a Freedom of Information Act (“FOIA”) waiver as part of a plea agreement is unenforceable on public …
Article • November 16, 2017 • from CLN December, 2017
Several States Bar Landlords from Automatically Denying Housing to Felons by by Lonnie Burton At least three states and the federal government are putting landlords on notice: You may not automatically deny housing to someone simply because he or she has a felony record. These rules and guidelines take different …
Article • November 3, 2017
It’s a Fact: Supreme Court Errors Aren’t Hard to Find by A ProPublica review adds fuel to a longstanding worry about the nation’s highest court: The justices can botch the truth, sometimes in cases of great import. by Ryan Gabrielson, originally published on ProPublica, Oct. 17, 2017; reprinted with permission. In 2007, a …
Publication • November 2, 2017
Filed under: Water, Clean Water Act
SGWASA Notice of Water Standards, Sept. 2017 'IMPORTANT INFORMATION A,BOUTYOUR DRINKING WATER SGWASA HAS LEVELS OF TOTAL TRIHALOMETHANES ( TTHMs ) ABOVE DRINKING )IVArER STANDARDS Our water system-recently violated a drinking water stand~rd •. Although this is not an emergency, i:!S our customers, yo1,.1 have a right to know what …
Article • October 24, 2017
$6,700 Jury Award in San Antonio Texas Police Brutality Case by Christopher Zoukis A six person federal jury found for the plaintiff in a 42 U.S.C. § 1983 excessive force case on January 29, 2013. The plaintiff, Gwendolyn Evans, claimed that San Antonio, Texas police officers Felipe Ramos and James …
Article • October 24, 2017
FBI Ordered to Speed Up FOIA Document Production by Christopher Zoukis A judge in the United States District Court for the District of Columbia has ordered the FBI to greatly increase the speed at which it is producing documents responsive to a professor's Freedom of Information Act (FOIA) request. The …
Article • October 23, 2017
No Forfeiture-Database Backup With Millions on the Line, NYPD Admits by Adam Klasfeld New York City is one power surge away from losing all of the data police have on millions of dollars in unclaimed forfeitures, a city attorney admitted to a flabbergasted judge on Tuesday. "That's insane,"  Manhattan Supreme …
Brief • October 20, 2017
Filed under: AEDPA, Criminal Procedure
Pfister v. Wood, IL, Opinion, 2017 In the United States Court of Appeals For the Seventh Circuit ____________________ No. 13‐3327 PAYSUN LONG, Petitioner‐Appellant, v. RANDY PFISTER, Warden, Stateville Correctional Center, Respondent‐Appellee. ____________________ Appeal from the United States District Court for the Central District of Illinois. No. 11‐CV‐1265 — Michael M. …
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