Supreme Court Decides Georgia Parole Case
by John Midgley
In many states, there are parole boards that decide when prisoners will be released. In these states, the timing of when the parole board will consider parole the timing of "initial" parole consideration and the timing of later "reconsideration" of parole ...
In my last column, I discussed when you can appeal from a trial court ruling against you and how to appeal if you decide to. I left for this second column on appeals the large question: Should I appeal? In other words, will it do me any good to appeal? ...
If the judge or a jury rules against you, you may want to try to appeal to a higher court. In this column, I will cover some basic information about what kinds of rulings against you in federal court can be appealed, and how to start an appeal. In my ...
In my last column, I discussed discovery generally and introduced the tools of discovery. In this column I provide more detail on some specific discovery topics: how "mandatory disclosure" rules in effect in many federal district courts can be used to your advantage; how to decide what must be disclosed ...
In this column, I will talk about the importance of doing discovery in any civil case in which you are involved. I will first describe what discovery is and what it is for, then explain why it is so important for you to use discovery tools in your lawsuit, and ...
If you have a meritorious civil rights claim in federal court, it is obviously a good idea to try to have the claim presented by a lawyer. Most lawyers have specialized, professional knowledge of court procedures, methods, and tactics that few prisoners can match. Lawyers have better access to relevant ...
1. Rule 12(b)(6) Motions To Dismiss For Failure To State A Claim
In some prison cases filed pro se by prisoners, the defendants will file a "motion to dismiss for failure to state a claim." In cases filed in federal court under 42 U.S.C. §1983, a motion to dismiss for ...
Pro Se Tips And Tactics
by John Midgley
Arecent Supreme Court decision, Crawford-EI v. Britton , 118 S.Ct. 1584 (1998), highlights some issues of importance for prisoners doing pro se cases. Crawford-El , which was summarized in detail in the July 1998 PLN , holds that a federal court cannot ...
Review of Limiting The Burdens Of Pro Se Inmate Litigation: A Technical Assistance Manual For Courts, Correctional Officials, And Attorneys General , by Lynn S. Branham (American Bar Association, 1997).
Given all the anti-prisoner publicity that usually surrounds discussions of pro se prisoner litigation, the use of the phrase "limiting ...
By John Midgley
In my last column, I began a discussion of summary judgment motions in prison cases, which I continue in this column. In prison cases, summary judgment motions are often made by defendants to try to get judgment without the need to go through a trial. Under Federal ...
