Introduction of Nolo Plea to Challenge Prisoner’s Credibility was Error
by David M. Reutter
The Third Circuit Court of Appeals held in January 2014 that a Pennsylvania federal district court erred when it allowed into evidence a nolo contendere (no contest) plea for the purpose of challenging the credibility of ...
Prisoner’s Request for Medical Care after Signing Refusal Form Precludes Summary Judgment
by David M. Reutter
The Eleventh Circuit Court of Appeals has reversed a summary judgment order for the defendants in a former prisoner’s civil rights suit that alleged he was denied medical care after prison staff “materially altered” ...
RLUIPA Explained in Tenth Circuit Decision re Denial of Sweat Lodge Access
by David M. Reutter
On January 23, 2014, the Tenth Circuit reversed a grant of summary judgment to prison officials in a civil rights action alleging violations of the Religious Land Use and Institutionalized Persons Act (RLUIPA), related ...
Virginia Prison’s Policy Requiring Physical Indicia of Faith for Religious Sincerity Held Unconstitutional; Suit Settles for $3,795
by David M. Reutter
The Fourth Circuit Court of Appeals has vacated a summary judgment order in favor of prison officials entered in a lawsuit challenging a prison policy that conditioned a prisoner’s ...
Florida Death Row Prisoner Entitled to Prison and Medical Records
by David M. Reutter
On December 19, 2013, the Florida Supreme Court held that a death-sentenced prisoner was entitled to receive his prison and medical records once the governor signs a death warrant; however, he was not entitled to clemency-related ...
Admission of Jail Disciplinary Records at Criminal Trial May Violate Confrontation Clause
by David M. Reutter
The Texas Court of Appeals, First District, held in December 2013 that the admission of jail disciplinary records at a penalty phase hearing in a criminal trial violated the Confrontation Clause of the Sixth ...
When Attorneys Fumble, Defendants Face Consequences
by David M. Reutter
The right of defendants facing criminal charges to be represented by counsel is the bedrock of our criminal justice system, expressly enshrined in the Sixth Amendment.
An underlying doctrine to that right holds that counsel becomes an agent of the ...
California Law Denying Good Time Credits to Gang Members in SHUs Held Constitutional
by David Reutter
The Ninth Circuit Court of Appeals held on April 25, 2014 that a California law which denies good conduct credits to prisoners who are validated gang members held in a Security Housing Unit (SHU) ...
Prisoners in the close custody unit at North Carolina’s Scotland Correctional Institution (SCI) have been on indefinite lockdown since December 28, 2013. Prison officials contend the lockdown is in response to security needs, but the circumstances make the given reasons appear pretextual.
SCI has about 800 prisoners in its closed ...
Investigation Uncovers Lost Graves at Former Florida Juvenile Facility
by David M. Reutter
An anthropological team from the University of South Florida investigating the grounds of the now-closed Florida Industrial School for Boys (FISB), a juvenile detention facility in Marianna, has identified the remains of three youths buried in a ...
