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Article • October 31, 2022 • from PLN November, 2022
North Dakota Prisoner’s Conviction for Assault on Guard Vacated Due To Erroneous Jury Instruction by David Reutter by David M. Reutter On May 26, 2022, the SupremeCourt of North Dakota vacated a state prisoner’s conviction for aggravated assault of a guard because the trial court committed error by instructing the ...
Article • July 1, 2021 • from PLN July, 2021
Wisconsin Prisoner In Vegetative State After Suicide Attempt Wins New Trial on Jury Instruction Error by David M. Reutter by David M. Reutter The Seventh Circuit Court of Appeals reversed a jury’s judgment in a civil rights action alleging guards at Wisconsin’s Madison County Jail (MCJ) were deliberately indifferent to ...
Article • May 9, 2018 • from PLN May, 2018
Confusion Over Insanity Defense Leads One Jury to Issue Two Verdicts in Triple Murder by Christopher Zoukis by Christopher Zoukis A jury’s decision that a defendant on trial for murder was mentally ill but should go to prison led a judge to initially withhold judgment in the case. Dan Popp, ...
Article • March 6, 2018 • from PLN March, 2018
Alaska: Jurors’ Explanation of Negligence Verdict Doesn’t Warrant New Trial by In May 2017, the Alaska Supreme Court upheld a lower court’s denial of a prisoner’s motion for a new trial based on juror comments about the rationale for their verdict. Alaska prisoner Richard A. Mattox was watching television with ...
Brief • March 1, 2018
People v. Aledamat, CA, Opinion, Jury Instructions, 2018 Filed 3/1/18 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION TWO THE PEOPLE, B282911 Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA451225) v. YAZAN ALEDAMAT, Defendant and Appellant. APPEAL from a ...
Brief • January 22, 2018
US v. Fairley, MS, Appeal, Inapplicable Sentencing Enhancement, 2018 Case: 17-60001 Document: 00514315299 Page: 1 Date Filed: 01/22/2018 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 17-60001 UNITED STATES OF AMERICA, Plaintiff - Appellee United States Court of Appeals Fifth Circuit FILED January 22, 2018 Lyle ...
Article • December 14, 2017
Deference to Prison Officials Jury Instruction Improper in Medical Care Case by The Ninth Circuit Court of Appeals issued an opinion in a prisoner’s civil rights action that made significant holdings in regards to jury instructions. First, it held that when a pro se litigant fails to object to a ...
Brief • September 12, 2017
US v. Rodriguez, AZ, Appeal, Flawed Jury Instructions, 2018 FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff-Appellee, v. LIDIA RODRIGUEZ, Defendant-Appellant. No. 16-10017 D.C. No. 4:14-cr-00131JGZ-BGM-1 OPINION Appeal from the United States District Court for the District of Arizona Jennifer G. Zipps, ...
Article • March 10, 2017 • from PLN March, 2017
Colorado: Demonstrators Clash with Police over Seizure of Jury Nullification Pamphlets by Joe Watson Occupy Denver and other local activists have been engaged in a long-term campaign of jury nullification education outside Denver’s Second Judicial District courthouse. The activists’ attempts to exercise their First Amendment rights have resulted in repeated ...
New Wrongful Death Trial Prompts Potential $600,000 Settlement; Judge Gave Faulty Jury Instructions, Finds Excessive Force by On December 5, 1999, 29 year-old Damon Lowery’s life came to a tragic and, in police custody.  Now, more than five years later, the new trial looming, Portland, Oregon, officials are considering paying ...
Publication • August 3, 2016
Scott v. Harris - Death Knell for Deadly Force Policies and Garner Jury Instructions, Blum, 2008 LEGAL STUDIES RESEARCH PAPER SERIES RESEARCH PAPER 08-06 January 31, 2008 Scott v. Harris: Death Knell for Deadly Force Policies and Garner Jury Instructions? Karen M. Blum Professor of Law, Suffolk University Law School ...
Brief • June 17, 2016
Woods v. Fagan, CA , Minute Order re Final Jury Instructions (2016) Case 2:14-cv-08374-VAP-SP Document 128 Filed 06/17/16 Page 1 of 32 Page ID #:1000 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA CIVIL MINUTES – GENERAL Case No. CV 14-08374-VAP (SPx) Date 6/17/2016 Title Trevor Woods v. John B. ...
Article • May 13, 2016
Louisiana Jail Prisoner Pleads Guilty Just Before Jury Acquits by Matthew Clarke On April 2, 2014, Terrell Harris, a prisoner at the Orleans Parish Prison in New Orleans, Louisiana, pleaded guilty to a felony obscenity charge for masturbating in a cell minutes before a jury returned an acquittal on the ...
Article • November 18, 2015
Appeals Court Reverses $14 Million Award for Wrongfully Convicted Prisoner by Appeals Court Reverses $14 Million Award for Wrongfully Convicted Prisoner On January 31, 2013, the United States Courts of Appeals for the First Circuit reversed and remanded for retrial a case that concluded with a $14,000,000 damages award for ...
Article • August 28, 2015 • from PLN September, 2015
Seventh Circuit Reverses Verdict when Prisoner Not Allowed to Poll Jury by Derek Gilna Seventh Circuit Reverses Verdict when Prisoner Not Allowed to Poll Jury by Derek Gilna Illinois state prisoner Glenn Verser had been on a hunger strike when he claimed he was beaten by guards at the Western ...
Article • August 8, 2014 • from PLN August, 2014
Seventh Circuit: Routine Erasure of Prison Security Tapes Does Not Warrant Sanctions by Michael Brodheim Seventh Circuit: Routine Erasure of Prison Security Tapes Does Not Warrant Sanctions by Michael Brodheim The Seventh Circuit has held that a district court did not abuse its discretion when it denied a prisoner’s motion ...
Nebraska County Attorney’s Conviction Reversed for Theft from Pretrial Diversion Program by David Reutter Nebraska County Attorney’s Conviction Reversed for Theft from Pretrial Diversion Program by David M. Reutter The Nebraska Supreme Court has reversed the theft conviction of a county prosecutor who stole funds from a pretrial diversion program ...
Article • April 15, 2014 • from PLN April, 2014
Burden-Shifting Jury Instruction Requires New Trial in Prisoner's Lawsuit by The Seventh Circuit Court of Appeals has ordered a new trial in a civil rights action that alleges a prisoner was subjected to improper strip searches to humiliate him, then was subjected to an “especially protracted, gratuitous and humiliating strip ...
Article • March 15, 2014 • from PLN March, 2014
Eighth Circuit: Denial of Nominal Damages Jury Instruction was Improper by The Eighth Circuit Court of Appeals held on September 4, 2012 that a district court erred when it refused to give a nominal damages jury instruction in a lawsuit brought by a Missouri state prisoner. Another trial was held ...
Adverse Inference Instruction Required for New York Jail’s Destruction of Video Evidence by The New York Court of Appeals has held that when a criminal defendant acts with due diligence to demand the preservation of evidence that is reasonably likely to be of material importance, and the evidence is destroyed ...
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