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Ninth Circuit: Refusal to Allow Cross-Examination of Lab Technician Violates Due Process
The U.S. Court of Appeals for the Ninth Circuit held it was a violation of due process for a district court to deny a criminal defendant the right to cross-examine a lab technician who tested a urine sample that showed positive for illegal drugs, when the sample was clearly adulterated ...
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More from this issue:
- Texas Prisoners Still Dying in Houston Jails, Among Other Problems, by Gary Hunter
- From the Editor, by Paul Wright
- Fifth Circuit: Special Parole Review Request Doesn’t Toll AEDPA Limitations
- Megan’s Law Preempts Local New Jersey Sex Offender Ordinances
- “Habeas Hints”, by Kent A. Russell
- Perpetrators and Enablers of Torture in the US, by Corey Weinstein
- Maine Prison in Turmoil, by Lance Tapley
- Obama Promises Guantanamo Will Close and Torture Will End ... but When?, by Matthew Clarke
- Human Rights Watch Report Calls to Reform PLRA, by David Reutter
- Florida Prison Guards Fired, Suspended for Shocking Children with Stun Guns, by David Reutter
- Problems at Washington’s Civil Commitment Center Continue, by Matthew Clarke
- Southern California Jails Addicted to ICE Money, by Matthew Clarke
- CA Prison Medical Care Receiver: Three Top Officials Ousted, Controversial Building Plan Opposed, by Matthew Clarke
- California Sheriffs Appropriate Rehabilitation Funds for Security Needs, by Michael Brodheim
- Sacramento County Jail Settles Excessive Force Suit For $260,000
- Nebraska Prison Officials Must Pay Attorney’s Fees in Kosher Diet Case; Found in Contempt After Excrement Discovered in Prisoner’s Food, by Brandon Sample
- PLN Files Public Records Suit Against San Francisco County, Sheriff’s Office
- Columbia Jail Journal: The Compelling, Exclusive Inside Story of the Columbia Three, by James Monaghan, Brandon Press, 277 pages, by David Preston
- Florida DOC and Keefe Gouge Prisoners on Commissary Sales, by David Reutter
- $1.8 Million Settlement in Beating of Florida Jail Prisoner
- Pennsylvania Jail Mired in Scandal ... Again
- Montana, Michigan Towns Vie to Fill Prisons with Guantanamo Detainees
- $4.7 Million Settlement for Brain Damage Caused by Washington Jail Negligence
- Michigan Changes Overtime Rules; $4 Million Savings on Prison Budget
- Glomar Response to Prisoner’s FOIA Request Insufficient
- Texas Parole Board’s Hearing on Imposition of Sex Offender Conditions Inadequate, by Matthew Clarke
- PLN Prevails in Motion to Unseal Settlement in CCA Class Action FLSA Case
- $6 Million Settlement in Beating Death of California Detainee
- $500,000 Settlement for Fatal Beating of Phoenix Jail Prisoner, by Matthew Clarke
- Los Angeles County Agrees to Pay $7,000,000 to Beaten Juvenile Prisoner
- Ohio County Jail Agrees to Pay $75,000 For Locking Up Poor
- Small Amounts of Marijuana Not “Dangerous Contraband” Under New York Law, Court Rules
- Audit Finds California Parolees Sometimes Slip Through Bureaucratic Cracks
- Maryland Prisoners Make Flags
- Mississippi Prisoners Make Collect Call for Jesus
- Clerk Erred in Refusing to File Unsigned 28 U.S.C. § 2255 Motion
- Aramark Discontinues, Loses Prison Food Service Contracts, by David Reutter
- Injunction Against Missouri Sex Offender Halloween Restrictions Issued, Then Vacated, by Matthew Clarke
- Mentally Ill NC Prisoners Injured in Separate Incidents, by Gary Hunter
- $145,000 Settlement in Iowa Prisoner’s Self-Mutilation Mental Health Claim, by David Reutter
- Missouri DOC Permits Gift Books in Response to PLN Demand Letter
- Hawaii to Remove Prisoners from CCA Facility Over Abuse Charges, by Ian Urbina
- Military Psychologist Implicated in Abusive Interrogations, by David Reutter
- Indigent Connecticut Prisoners Entitled to Copies of Records Under FOIA Without Charge
- Duration of Confinement in Segregation Affects Due Process Inquiry
- Second Circuit Reinstates New York Jail Guard’s Excessive Force Conviction, by Matthew Clarke
- California: City Liable for $237,000 Hospital Bill for Prisoner’s Medical Care
- Oakland, CA Police Policy of In-Field Public Strip Searches Without Arrest or Warrant Found Unconstitutional
- Florida: For Sentence Calculation Purposes, Civil Commitment Detention Same as Jail Confinement
- District Court Erred in Sua Sponte Dismissal of Prisoner’s Challenge to Conditions of Confinement
- Florida Gain Time Law Application Violates Ex Post Facto Clause
- Ninth Circuit: Refusal to Allow Cross-Examination of Lab Technician Violates Due Process, by Brandon Sample
- Ohio Jail Officials Face Federal Charges, Investigation, by Brandon Sample
- BOP Warden Does Not Have Authority to Reduce Prisoner’s Sentence Under Rule 35(b), by Brandon Sample
- News in Brief:
- Oregon Illegal Detention Suit Settled for $30,000
- Sixth Circuit: Dismissal of Due Process and Equal Protection Claims Upheld; Exhaustion of Administrative Remedies Issue Remanded
More from Brandon Sample:
- Q&A: Ineffective Assistance of Counsel: Which Errors Are Worth Pursuing?, April 12, 2019
- Guilty Plea Does Not Foreclose Challenge To Constitutionality Of Conviction, U.S. Supreme Court Decides, April 19, 2018
- U.S. Supreme Court Rejects Habeas Relief Citing AEDPA Deference, Dec. 19, 2017
- Maryland Ban on Prisoner's Book Rescinded, Aug. 23, 2016
- Former BOP Guard Convicted In Murder-For-Hire Scheme, Aug. 22, 2016
- Second BOP Guard Convicted In Assault-For-Hire, Aug. 22, 2016
- BOP Dentist Gets Slap On The Wrist for Sex Abuse, Aug. 22, 2016
- Cook County Jail Agrees to Improvements, April 15, 2013
- No More Than 20 Percent Can Be Deducted To Pay Filing Fees, April 15, 2013
- Heck Does Not Apply to Released Prisoner Seeking Damages for Sentence Miscalculation, April 15, 2013
More from these topics:
- Mayhem, Murder and Staff Misconduct at Brooklyn BOP Lockup, March 1, 2025. Cell Searches, Drug Testing, Prison/Jail Murders, Guard Brutality/Beatings, Cell Phone Access, Searches - Cellphones/Computers/Internet.
- NIJ Partners With Doctor to Develop Better Screening Method to Detect and Identify Drugs Postmortem, Jan. 15, 2025. Drug Testing, Forensic Sciences.
- Push to Digitize Rikers Island Mail Based on Faulty Drug Tests, Jan. 15, 2025. Drug Testing, Mail Regulations, Mail/Packages.
- A New Approach to Drug Testing: Electrochemical Sensors and Raman Spectroscopy, Nov. 1, 2024. Drug Testing, Forensic Sciences.
- New York Revises 2,772 Prisoner Disciplinary Records After Inspector General Finds Defects in Another Contraband Drug Test, Aug. 15, 2024. False Charges (Disciplinary Hearings), Evidentiary Ruling (Disciplinary Hearings), Drug Testing, junk science.
- Hair Drug Testing: New Approach Differentiates Deliberate Ingestion or Introduction From Environmental Exposure, Aug. 15, 2024. Drug Testing.
- Report Finds Inaccurate Field Drug Tests Major Cause of Wrongful Convictions, June 15, 2024. Drug Testing, Statistics/Trends, Databases, Wrongful Conviction, False Arrest.
- Class-Action Lawsuit Challenges Use of Presumptive Drug Tests by Washington DOC, April 1, 2024. Disciplinary Hearings, Disciplinary Litigation, False Charges (Disciplinary Hearings), Evidence, Drug Testing, Estimates/Averages - Use of, Inmate Disciplinary Hearings, Prison Disciplinary Proceedings.
- North Carolina Court of Appeals Reinstates Parolee’s Parental Rights, Says Parole Conditions Barred Him from Visiting Minor Daughter, April 1, 2024. Parole Conditions, Fathers in Prison, Parental rights, Conditions of.
- New Jersey Supreme Court Revives Parolee’s Challenge to Administratively Imposed Treatment Program, March 1, 2024. Parole Conditions, Drug Treatment/Rehab, Conditions of.