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Louisiana High Court Abandons Ab Initio Precedent in Favor of “Victim’s Rights”
Loaded on May 1, 2023
by David Reutter
published in Prison Legal News
May, 2023, page 48
Filed under:
Wrongful Conviction,
Crime Victims Rights Act,
Suicides,
Murder/Felony Murder.
Location:
Louisiana.
by David M. Reutter
Confronted with the appeal of a defendant who died on November 10, 2022, the Supreme Court of Louisiana reversed its own precedent and refused to abandon his prosecution. With that, the Court decided that the doctrine of abatement ab initio is “obsolete and inconsistent with our ...
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More from this issue:
- L.A. County Jails: Leading in All the Wrong Ways, by Benjamin Tschirhart
- Predatory Probation Still Alive in Georgia, Other States, by David Reutter
- From the Editor, by Paul Wright
- Prisoner Health Update: K2, by Eike Blohm, MD
- Warden Ousted from Troubled Alabama Prison After DUI Arrest, by Edward Lyon
- Fifth Circuit Reinstates Lawsuit Over Texas Detainee’s Asphyxiation by Jail Guards, by Matthew Clarke
- Detainee Allegedly “Eaten Alive” by Vermin in Overcrowded Atlanta Jail, by Jacob Barrett
- Fifth Circuit Reinstates Claim That LaSalle Guards Fatally Beat Louisiana Pre-Trial Detainee, by Matthew Clarke
- Ninth Circuit: Grievance Policy May Excuse Oregon Prisoner’s Failure to Exhaust Administrative Remedies, by Jacob Barrett
- “Slap On the Wrist” for California Bail Agents Who Hired Bounty Hunter Who Killed Their Client, by Jayson Hawkins
- Dogged by Racist Comments, North Carolina Sheriff Resigns – Again, by Jo Ellen Nott
- MTC Accused of Parole Programming Scam at Texas Prisons, by Kevin Bliss
- Fourth Circuit Rejects Appeal of $700,000 Award to Maryland Prisoner Assaulted by Guards, by David Reutter
- Fifth Circuit Again Revives Muslim Texas Prisoner’s Suit Over Halal Meals Denied During Hurricane Evacuation, by Matthew Clarke
- Nevada Pays Over $568,000 for Denying Prisoner Cataract Surgery, Ends “One Good Eye” Policy, by Jacob Barrett
- Prisoner’s Experience in Solitary Wins PEN America Writing Award, by Jacob Barrett
- Condemned Tennessee Prisoner Wins Fight Against Autopsy, by Harold Hempstead
- Maine’s Jails and Prisons Record 39 Deaths in 34 Months, by Jo Ellen Nott
- Fifth Circuit Upholds Qualified Immunity for Texas Prison Guard Who Beat Prisoner’s Arm With Baton Until It Broke, by Matthew Clarke
- $1.3 Million Paid to Transgender Woman Held Five Months in Atlanta Jail on Bogus Charges, by Chuck Sharman
- Nebraska Pays $479,000 for Restrictive Housing Prisoner’s Murder While Double-Celled, by Mark Wilson
- Shielded From Public View, Misconduct by Corrections Staff in Illinois Prisons Received Scant Discipline, by Shannon Heffernan
- $20,000 Settlement for Ohio Prisoner’s Slip-and-Fall Injury, by Edward Lyon
- $2.4 Million Judgment Against Michigan Jail Doctor Convicted of Sexually Abusing Three Prisoners, by Mark Wilson
- ACLU Report Details Exploitation of Prisoners for Forced Labor, by Matthew Clarke
- MTV Documentary Shines Light on Art Behind Bars, by Jayson Hawkins
- Fifth Circuit Finds “Opaque” Mississippi Prison Grievance System “Incapable of Use”, by Matthew Clarke
- College Education Disrupted for Washington Prisoners, by Kevin Bliss
- Overdose Rate in New York Jails and State Prisons Double U.S. Average, by Jacob Barrett
- $32,500 Medical Malpractice Award to Ohio Prisoner for Ripped-Out Catheter, by Edward Lyon
- Oklahoma County Pays $1.1 Million After Jail Guards Fatally Beat Detainee, by Jacob Barrett
- Louisiana High Court Abandons Ab Initio Precedent in Favor of “Victim’s Rights”, by David Reutter
- California Appellate Court: State Prisoners Held in Jail and Those Held in Prisons Not Alike for Sentence Credits, by Jacob Barrett
- Telecoms Exploiting Legal Loopholes to Price Gouge Prisoners and Their Families, by Jacob Barrett
- Fifth Circuit Revives Suit by Nation of Gods and Earth Prisoner Demanding Religious Recognition by Texas Prison Officials, by Matthew Clarke
- Iowa Teen Who Killed Her Alleged Rapist Recaptured After Halfway House Escape, by Kevin Bliss
- Former Missouri Prisoners Awarded $20 Million for Sexual Abuse by “Resident Pervert” Guard, by Ashleigh Dye
- $4.25 Million Paid by King County for Two Jail Beatings By Improperly Housed Mentally Ill Detainees, by Mark Wilson
- Arizona Prisoner Condemned Again for Cellmate’s Murder, by Jayson Hawkins
- Ninth Circuit Upholds Order Vacating Conviction in Oregon Prison Director’s 1989 Murder; SCOTUS Declines Review, by Mark Wilson
- Montana Becomes 13th State to End Prison Gerrymandering, by Chuck Sharman
- Fourth Circuit: No Civil Commitment at Release for Federal Prisoner in North Carolina Without Considering Conditions, by Casey Bastian
- Montana Pays $2,500 to Settle Prisoner’s Failure-to-Protect Claim, by Mark Wilson
- Eighth Circuit Affirms Over $278,000 Awarded to Minnesota Jail Detainee Held on Bad ICE Referral Policy, by David Reutter
- Alaska Supreme Court Says Parole Challenge Must Be Sought via Post-Conviction Relief, Not Lawsuit, by Mark Wilson
- News in Brief
More from David Reutter:
- California Court of Appeal: Petitioner Has Constitutional Right to Be Present at Evidentiary Hearing Under Felony Murder Resentencing Law, May 15, 2024
- Seventh Circuit Grants Qualified Immunity to Illinois Jail Guards Who Relied on Nurse’s Opinion that Detainee Was “Faking” Symptoms Before He Died, April 26, 2024
- $155 Million Settlement for 10,000 California Prison Guard Supervisors in Wage Lawsuit, April 26, 2024
- Eighth Circuit: Arkansas Detainee Suffering Fatal Seizure Might Have Been Faking or Might Have Gotten Better, April 26, 2024
- Suit Proceeds Against CoreCivic by Guard Strip-Searched at Georgia Prison, April 26, 2024
- $1.4 Million Verdict for Florida Jail Guard Injured in Transport Van Crash, April 26, 2024
- Unable to Post Bail, Detainee Starves to Death in Arkansas Jail, April 26, 2024
- Florida Supreme Court Bans ‘Vexatious’ Prisoner From Filing Further Pro Se Petitions, April 26, 2024
- Eleventh Circuit: “More than Gross Negligence” Required to Prove Deliberate Indifference, April 26, 2024
- Electronic Monitoring: An Alternative to Incarceration or a Troubling Extension of Punishment?, April 15, 2024
More from these topics:
- Report Finds Bad Forensic Evidence Leads to More Wrongful Convictions and Establishes Forensic Errors Typology, May 15, 2024. junk science, Wrongful Conviction.
- ‘Blatant Miscarriage of Justice’: Oklahoma Man Exonerated of Wrongful Conviction After 35 Years Despite Former Prosecutor’s Attempt to Perpetuate Injustice, April 15, 2024. Wrongful Conviction, Prosecutorial Misconduct.
- Grand Jury Slams Sacramento County for Delaying Jail Improvements Mandated in Consent Decree, April 1, 2024. Systemic Medical Neglect, Overcrowding, Sanitation, Jail Specific, Consent Decrees, Suicides, Grand Jury, Contempt.
- Maryland Compensates Exonerated Prisoner Over $340,000, April 1, 2024. Wrongful Conviction, Eyewitness Testimony, Fabrication of Evidence, Recantation.
- $1.75 Million Settlement Reached in Washington Jail Suicide, April 1, 2024. Guard Misconduct, Failure to Protect (Wrongful Death), Suicides.
- Lung Float Test: Junk Science Used to Convict Women of Murder, March 15, 2024. junk science, Wrongful Conviction.
- Overcrowded and Understaffed, Oklahoma County Jail Remains “Deplorable”, March 1, 2024. Overcrowding, Staffing, Sanitation, Jail Specific, Vermin, Suicides.
- California Felony-Murder Reform Shaves 11,000 Years Off 600 Prisoner Sentences, March 1, 2024. Murder/Felony Murder, Resentencing.
- Four Dead in One Month in San Bernardino County Jails, $3,232,500 in Settlements Paid So Far, March 1, 2024. Liberty Behavioral Health Corp., Drug/Alcohol Withdrawal, Failure to Treat, Jail Specific, Guard Brutality/Beatings, Medical Neglect/Malpractice, Failure to Treat (Mental Illness), Suicides.
- From the Editor, March 1, 2024. Editorials, Wrongful Conviction, HRDC Litigation.