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 ...
Colorado Law Grants Immunity to Law Enforcement Officers Transporting Juveniles
by David M. Reutter
The Colorado Supreme Court held on January 13, 2014 that “allegations of negligence alone are not sufficient to overcome the statutory grant of immunity and the presumption of good faith afforded to law enforcement officers” under ...
$8.15 Million Jury Award for Prisoner’s Death at New York Jail
by David Reutter
A New York City jury awarded $8.15 million to the estate of a prisoner who died after being denied access to medical care.
While incarcerated in 1996 at the Vernon C. Bain Correctional Center, part of ...
Pretrial Detainee’s First Amendment Retaliation Claim Survives Summary Judgment
by David M. Reutter
In a December 26, 2013 decision, the Eighth Circuit Court of Appeals reversed a district court’s grant of summary judgment, holding that a former pretrial detainee had presented sufficient evidence that he was subjected to retaliation for ...
Due Process Requires Hearing before Return to Parole in Mistaken Release
by David M. Reutter
The Sixth Circuit Court of Appeals has upheld the grant of qualified immunity to defendants who returned a man to parole without granting him a hearing. It also upheld a grant of attorney ...
Florida Public Defender May File Systematic Motions to Withdraw Due to Case Overload
by David Reutter
The Florida Supreme Court has held that aggregate/systematic motions to withdraw by the Public Defender’s office are appropriate in circumstances where there is an office-wide or widespread problem as to the office’s ...
