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2254 FORM BLANK - Petition From Relief From Conviction or Sentence By A Person in STATE Custody. (Petition under 28 U.S.C. 2254 for a Writ of Habeas Corpus).
HABEAS CORPUS (FEDERAL) - 741 Protocol for the Effective Handling of Collateral Attacks on Convictions Brought Pursuant to 28 U.S.C. 2241 - Added February 18, 2006 - To evade these requirements of the AEDPA, prisoners are increasingly resorting to the use of § 2241 petitions to attack the validity of their convictions and sentences. These § 2241 petitions are brought in the district of confinement, and pose all of the problems -- burdening districts of confinement and shifting the litigation of their challenges from the districts of conviction which are best equipped to address them -- posed by such § 2241 petitions prior to the enactment of § 2255. The current prisoners, moreover, are filing such petitions in great numbers. In addition, by seeking to evade the AEDPA limitations, these § 2241 petitions engender the same abuses -- delay, insubstantial appeals, relitigation of claims, and successive motions -- that the AEDPA was enacted to prevent.HABEAS CORPUS (HOW TO FILE) - Added February 18, 2006 - How to appeal your habeas corpus case to the United States Court of Appeals for the Second Circuit (Supplement to "How to Appeal your Civil case"). Please note tht ordinarily an original petition for a writ of habeas corpus must be filed with the District Court.
HABEAS CORPUS (FEDERAL) - Added February 18, 2006 - Federal Convictions. Persons convicted in federal court may proceed by filing a §2255 petition in the federal district court. Ordinarily, a §2255 petition should not be filed until the direct appeal has been concluded. This petition is processed in the same way as any other civil case, with two exceptions: first, the record on appeal must include the documents filed in the underlying criminal case as well as those filed under the civil docket number; second, no separate judgment will issue. For this reason, the time for filing a Notice of Appeal runs from the date of the order denying the petition.
HABEAS CORPUS (STATE) - Added February 18, 2006 - State Convictions. A person convicted in state court should first complete all appeals in state court before bringing the case to federal court. A Petition for Writ of Habeas Corpus (§2254) should first be filed in the federal district court whose area contains the jurisdiction where the person was convicted. Only after the petition is denied by the district court, and a judgment is entered, should an appeal be filed in the Court of Appeals.
1ST TO 10TH Circuit Court Case Search
2005 Report Reform of Alambama's Criminal Justice System
2005 A Vision for Justice Innocence Commission for Virginia (ICVA)
2254 FORM - PETITION UNDER 28 US 2254 WRIT OF HABEAS CORPUS (STATE) - Note: the 2254 form is for pro se litigants who are incarcerated by state conviction. If the pro se litigant is incarcerated by federal conviction then the litigant must file under 28 US 2255. See http://www.ca2.uscourts.gov/Docs/Forms/HowToHabeas.pdf for additional information on both 2254 and 2255.
2ND CIRCUIT UPHOLDS FEDERAL DEATH PENALTY - December 11, 2002 - The fact that innocent people have been sentenced to die does not render the Federal Death Penalty Act unconstitutional, the 2nd U.S. Circuit Court of Appeals said Tuesday.
2nd Circuit Restricts Prosecutors' "Brady" Burden
9TH CIRCUIT COURT NEWS 07/08/03 - Habeas Corpus reviews; recent decisions. I was going to forward some of these decisions by the 9th circuit to the list but there are so many habeas petitions and the like that were recently remanded or vacated that it's easier to send the whole 9th Circuit news article. Scroll through and see how some of these cases may have set precedent in your case. -- Candyce J. Hawk
Ninth Circuit Capital Punishment Handbook - Electronic edition of the Capital Punishment Handbook has been revised and updated
11th Circuit Court Case Search
11TH CIRCUIT COURT FORMS FOR FILING
11th Cir (AL): "...sufficient to overcome the prison's qualified immunity..."
A course in Criminal Law - Alabama
amicus curiae - definition of the term - February 12, 2005
n. Latin for "friend of the court," a party or an organization interested in an issue which files a brief or participates in the argument in a case in which that party or organization is not one of the litigants. For example, the American Civil Liberties Union often files briefs on behalf of a party who contends his constitutional rights have been violated, even though the claimant has his own attorney. Friends of the Earth or the Sierra Club may file a supporting amicus curiae brief in an environmental action in which they are not actually parties. Usually the court must give permission for the brief to be filed and arguments may only be made with the agreement of the party the amicus curiae is supporting, and that argument comes out of the time allowed for that party's presentation to the court. Click here to review samplesThe ACLU site - is a great way to catch up on current civil liberties issues and then take action in a number of ways (including sending a FREE FAX to your elected officials!).
ADA Applies to Inmates' Addictions - The 9th U.S. Circuit Court of Appeals in San Francisco, Calif., ruled that the Americans with Disabilities Act (ADA) protects inmates in addiction treatment, the American Bar Association Journal reported March 22. The court made its ruling in a case that involves two California inmates with histories of addiction. Both inmates, who are in recovery, were denied parole by the Board of Prison Terms because of their past drug use."Since a parole board may not deny African-Americans consideration for parole because of race, and since Congress thinks that discriminating against a disabled person is like discriminating against an African-American, the parole board may not deny a disabled person consideration for parole because of his disability," the court wrote. The ruling reversed an earlier decision by the U.S. District Court for the Eastern District of California, which stated that the ADA does not extend to the criminal law decision-making process. The appeals court disagreed, stating that the ADA was passed "to guarantee the same constitutional promises of equal protection." "This decision is in step with the intent of Congress," said Laurence Wayne Paradis, executive director of Disability Rights Advocates in Oakland, Calif. "The ADA was meant to be a comprehensive mandate for eliminating discrimination throughout all of society."
ALABAMA - COMPENSATION FOR WRONGFUL CONVICTION - January 28, 2006 - Eligibility for compensation. In order to be eligible to receive compensation for wrongful incarceration a person must: (1) Have been convicted by the state of one or more felony offenses, all of which the person was innocent, and have served time in prison as a result of the conviction or convictions; or (2) Have been incarcerated pretrial on a state felony charge, for at least two years through no fault of his or her own, before having charges dismissed based on innocence.
Alabama Criminal Code - Title 13A
Alabama Ethics Commission - complaints for ethics violations
Alabama Executive Order Number 62 - Abstract: Crimes and Offenses. Criminal Law and Procedure. Habitual Offenders. Sentencing. CorrectionsDepartment. Pardons and Paroles Board. 40666-1:N:05/31/2001:DA/th LRS2001-15683 HB61 By RepresentativesNewton (D) Perdue, Robinson (O) Rogers (J) Dunn, Hilliard, Major and Melton RFD Judiciary Rd 1 28-AUG-2001. House Bill 61 passed the Alabama Legislature by an overwhelming margin during the Third Special Legislative Session of 2001. The stated intent of HB61 was to make Act 2000-759 retroactive but for it to apply only to offenders considered to be "non-violent". BE IT FURTHER ORDERED that this Executive Order shall become effective immediately upon signing and shall remain in effect until amended or modified by the Governor. DONE AND ORDERED this 29th day of September, 2001.
ALABAMA HOUSE BILLS and their meanings
Alabama Judicial Rules and Procedures Table of Contents - April 30, 2004 - Appellate rules, civil rules, criminal rules, rules of evidence, judicial rules, juvenile rules
The Alabama Sentencing Commission 2003 report
Recommendations for Reform of Alabama's Crimnal Justice SystemALABAMA SENTENCING REFORM - November 8, 2002 - A committee was created. This committee was comprised of representatives from the state's criminal justice system, which included judges, law enforcement, lawyers, legislators and the head of the state's largest victim's rights group. After more than a year of review, this group offered a set of recommendations to help make Alabama's sentencing system more fair and accurate.
ALABAMA RULE 32 INSTRUCTIONS - May 22, 2004 - Trial manual and Post conviction manual by Equal Justice Initiative, headed by attorney Brian Stevenson.
ALABAMA RULE 1004 - Admissibility of other evidence of contents
America Academy of Forensic Sciences - Links to organizations and publications.
American Arbitration Association
The American Bar Association Section of Individual Rights & Responsibilities
At http://www.abanet.org/irr/finaljune28.pdf are the recently released Protocols by the ABA IR&R Section, entitled, "Death Without Justice, A Guide for Examining the Administration of the Death Penalty in the United States." Next week, probably on Tuesday, the www.abanet.org/irr website will have the new IR&R report on moratorium-related developments from 1/00 to 7/01, with extensive detail on executive, legislative, judicial, and press developments.And Justice for All - National Association of Criminal Defense Lawyers
Association of Federal Defense Attorneys
ATTORNEY LICENSE FRAUD - November 11, 2005 - Attorney License??? There ain't no such thing.
AUDIENCE FOR WEB LOG GROWS - April 20, 2004 - 9th Cir overrules ban on downloaded Internet items in mail.
US Supreme Court Opinion Summaries - February 2004
BANKS v. DRETKE
02-8286 - 02/24/04
Criminal Law & Procedure, Habeas Corpus
When police or prosecutors conceal significant exculpatory or impeaching material in the State's possession, e.g., by withholding evidence that would have allowed a defendant to discredit essential prosecution witnesses, it is ordinarily incumbent on the State to set the record straight. The Fifth Circuit erred in dismissing death row inmate's Brady claim with respect to one such witness, and in denying him a certificate of appealability with respect to another.Basic Law Terminologies and rules -- see the 'Lectric Law Library's Legal Lexicon -- Terms, Definitions & Explanations --
Basic Principles for the Treatment of Prisoners, G.A. res. 45/111, annex, 45 U.N. GAOR Supp. (No. 49A) at 200, U.N. Doc. A/45/49 (1990).
BILL OF ATTAINDER PROJECT - The law regards personification in the light of the last definition, but to a more treacherous degree. Our justice system confiscates property on the premise that objects can commit crimes. In other words the Court has implemented the idea that objects have free will. This enables the court to take your car, house, boat, bike, or any other object you own on the basis that it can commit crimes. This has enabled the Court to practice "animism", and force a belief system on the American public which a good many would reject, if they realized the religious connotations of the act.
Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment, G.A. res. 43/173, annex, 43 U.N. GAOR Supp. (No. 49) at 298, U.N. Doc. A/43/49 (1988).
BOUVIER'S LAW DICTIONARY (1856)
BRADLEY v. PRYOR - Alabama case in the 11th Circuit Court of Appeals (decided September 23, 2002) - Danny Joe Bradley, an Alabama prisoner under sentence of death, appeals the district court's dismissal of his suit to compel the government to produce evidence for DNA testing. The court held that Bradley's suit, which was filed pursuant to 42 U.S.C. § 1983, was the "functional equivalent" of a petition for habeas corpus, and should therefore be dismissed as a second or successive habeas petition filed without the requisite authorization from the Court of Appeals. Bradley now appeals that ruling and argues that his suit was properly brought pursuant to § 1983 because his request for the production of evidence neither directly, nor by necessary implication, attacks the validity of his conviction and sentence. We agree, and accordingly reverse the decision of the district court.
Brain Scans Reinventing Lie Detection Science - January 7, 2006 - Two startups will launch commercial fMRI lie-detection services, marketed initially to individuals who believe they've been unjustly charged with a crime.
Bureau of Justice Statistics - The "Sourcebook of Criminal Justice statistics" published by the U.S. Department of Justice, brings together data about all aspects of criminal justice in the United States. Available at this site are over 600 tables and figures from more than 100 sources.
CALIFORNIA COURT RULES - In the list below, California Rules of Court are organized by category. The history legend of each rule specifies its effective date.
California Criminal Law Journal: The California Criminal Law Review is an organization of Boalt hall students and faculty dedicated to the production of an online criminal law journal. CCLR will publish articles and commentary by scholars, faculty, and students. CCLR seeks to broaden the base of legal scholarship in the area of criminal law, provide online access to criminal law information, and serve both the criminal law community and students of law. CCLR encourages students of all backgrounds to participate, and will provide opportunities for legal scholarship that will benefit students on any career path.
California Court Clerk Association
CASE LAW - by state (also includes International law, United States law, Law search engine) - Fee
required to access most of the data.CASE LAW - by state (no fee)
CENTER FOR PUBLIC INTEGRITY - Special Report - Harmful Error: Investigating America's Local Prosecutors - (WASHINGTON, June 26, 2003) -- Local prosecutors in many of the 2,341 jurisdictions across the nation have stretched, bent or broken rules to win convictions, the Center for Public Integrity has found. Since 1970, individual judges and appellate court panels cited prosecutorial misconduct as a factor when dismissing charges, reversing convictions orreducing sentences in over 2,000 cases.
Color of Justice Study - An Analysis of Juvenile Adult Court Transfers in California By Mike Males, PhD and Dan Macallair, MPA
CONDUCT OF JUDICIAL PROCEEDINGS IN CRIMINAL CASES
CONSTITUTION OF THE UNITED STATES - Analysis and Interpretation - Annotations of Cases
Decided by the Supreme Court of the United States - PREPARED BY THE CONGRESSIONAL RESEARCH
SERVICE LIBRARY OF CONGRESSKNOW YOUR CONSTITUTIONAL RIGHTS - The constitution was written for YOU!
CONSTITUTION SOCIETY - Welcome to the Constitution Society - This site aims to eventually provide almost everything one needs to accurately decide what is and is not constitutional in most situations, and what applicable constitutions require one to do. It is for constitutional decision support. We have a Liberty Library of Constitutional Classics collection that should be of interest to anyone seeking guidance on constitutional interpretation.
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, G.A. res. 39/46, [annex, 39 U.N. GAOR Supp. (No. 51) at 197, U.N. Doc. A/39/51 (1984)], entered into force June 26, 1987.
Correctional Servies Corp. V. Malesko (00-860) - The following decisions have just arrived via the LII's direct Project HERMES feed from the Supreme Court. Date: Tue, 27 Nov 2001 06:19:26 -0500
Crime, INcarceration, and Disenfranchisement statistics
CRIMINAL CODE (US FEDERAL) - May 21, 2006 - Want to read up on criminal code, bill of rights, murder, conspiracy, detention, false imprisonment rules of law - Geneva Convention? This is a good place to begin.
Criminal Law Links - includes Appellate sites, Forms, Law Enforcement, Statistics, FBI Surveillance Activity data, FOIA Resource Center, etc.
Criminal Lawyer Network – Wrongly accused? The experienced criminal lawyers in our nationwide network are ready to assist you with your assault, domestic violence, drug arrest, dui and federal crime cases.
CRIMINAL LINEUPS GET A MAKEOVER - December 9, 2004 - Know your rights. Know your flaws, limitations and vulnerabilities too. Eyewitness testimony is not as reliable as one would think.
Criminal Procedure Law Materials
Criminal Records - clear your criminal record
Cuffed to a Hitching Post: All Too Clearly Cruel - The National Law Journal
Daubert v. Merrell Dow Pharmaceuticals, Inc - Decided June 28, 1993
Davy Crockett and the Constitution (Please Read)
Dr. O'Connor's Criminal Justice MegaLinks
Estelle v. Gamble, 429 U.S. 97 (1976) - The Court found that states could be held liable for damages to an inmate who shows a "deliberate indifference" to his or her medical needs.
Exculpatory GSR Evidence - August 13, 2003 - Now DNA evidence isn't the only exculpatory evidence that could apply to the cases of many convicted people. Recently Wilson Myers filed a habeas corpus petition in the Circuit Court in Shelby Alabama proving by expert testimony that inconclusive gun shot residue (GSR) results can be exculpatory. The expert, Dr. Jon Nordby of Final Analysis Forensics released a report recently proving that laboratories testing GSR and finding "inconclusive results" have actually discovered exculpatory evidence at least in the case of .22 caliber ammunition. Imagine the number of people that could be proved innocent who are incarcerated for crimes they didn't commit where .22 caliber GSR "inconclusive" evidence was withheld in their defense.
Expert Witnesses - Comprehensive, easy to use expert witness directory, connecting experts and attorneys without search or referral fees. Litigation Support, Private Investigations, Criminal and Civil litigation,
Legal information - and more..."FAY V. NOIA 372 U.S. 391" - The basic principle of the Great Writ of habeas corpus is that, in a civilized society, government must always be accountable to the judiciary for a man's imprisonment: if the imprisonment cannot be shown to conform with the fundamental requirements of law, the individual is entitled to his immediate release.
Federal Bureau of Investigation
FedLaw was developed to see if legal resources on the Internet could be a useful and cost-effective research tool for Federal lawyers and other Federal employees. Fedlaw has assembled references of use to people doing Federal legal research and which can be accessed directly through "point and click" hypertext connections.
Federal Cases is a site where you can research federal precedents that may set your loved one free.Forensic Science Associates - Forensic Science Associates is a Missouri based firm whose common interest is forensic science: the application of science to the legal and legislative processes. The firm is an interdisciplinary joint venture that brings together experts in forensic science who are interested in the accurate application of their forensic discipline as it is applied to law, joint academic pursuits, and ongoing research. Experts share the belief that there is an industry need to hold those individuals accountable and responsible who have been entrusted with the task of collecting, preserving and analyzing evidence, noting that evidence pursued and presented should be based on sound reasoning.Human Rights Internet - Your Gateway to Human Rights
Information about human rights, human rights publications, children's rights, the UN human rights system, and human rights organizations world-wide.Federal Emergency Management Agency - FEMA - If you have ever wondered what FEMA means to you and your family, here is the history for which you've been looking.
FEDERAL RULES OF CRIMINAL PROCEDURE - These rules govern the conduct of all civil actions brought in Federal district courts. While they do not apply to suits in state courts, the rules of many states have been closely modeled on these provisions.
FEDERAL RULES OF CRIMINAL PROCEDURE
CALL NUMBERSFELONY DISENFRANCHISEMENT - November 2, 2002 - The Sentencing Project has an article defining state laws for felons and voting. Particularly notable is the Alabama law that requires a person to submit a DNA sample to the Dept. of Forensic Sciences in order to petition to get their voting rights back.
For more information on Criminal Law, look for books in these call number areas:
KF3885 - KF3891 Drugs/Narcotics
KF9201 - KF9220 Criminal Law
KF9300 - KF9497 Particular Offenses
KF9601 - KF9620 Criminal Procedure
KF9630 Search and Seizure
KF9655 Criminal Trials
KF9660 - KF9688 Criminal Evidence
KF9670 Wiretapping
KF9685 Sentencing
KF9690 Post-Conviction RemediesFelonies and Serious Crimes - In the common law system, a felony is a crime generally punishable by more than one year's imprisonment and enCriminal Laws the defendant to a jury trial. "Common law" felonies are also major crimes under the Model Penal Code.
FINDING EQUILIBRIUM ON IMMUNITY - December 5, 2003 - Visiting Judges Balk at 11th Circuit's Protecting Police
Firearms Experts - Ballistics testing, forensic testing, shooting incident reconstruction - and more...
Florida State University School of Criminology and Criminal Justice - Criminal Justice links - Good site for criminal law sources on the Internet
Forensic Science Links on the World Wide Web:
The Four Reasons - why "We the People" must uphold the Constitution of The United States of America and hold those who violate it accountable
Freedome of Information Act[FOIA] - Likewise, each Department of Justice component is responsible for processing FOIA requests for the records that it maintains.Consult the DOJ FOIA Reference Guide and the List of Individual DOJ Components and FOIA Contacts if you plan to make a FOIA request to the Department of Justice
FRYE V. UNITED STATES 293 F. 1013 (D.C. Cir. 1923) - Forensic law on expert testimony and junk-science
Glossary of Legal Citations - Including types of briefs and their definitions, stages of filing, formats for filing, and much more
HAVING A LAWYER SATISFIES TEST FOR COURT ACCESS - October 8, 2004 - If you don't use the proper wording when filing a claim regarding inadequate prison law library resources, you are not going to get anywhere with the judges. Pay attention!
Herrera v. Collins, 506 U.S. 390 (1993) - Whereby Chief Justice Rhenquist stated that actual innocence is not a bar to execution.
HOPE v PELZER, US 11th Circuit Court of Appeals - February 2, 2001 - ruling on the hitching post in Alabama prisons being cruel and unusual punishment.
H.R. 3072 and H.R. 4202 - December 10, 2005 - I'm in receipt of many e-mails regarding the status of bills H.R.3072 ( To revive the parole in the Federal System and bill H.R.4202 ( The Enhancement Act) I have all the information that you will ever want to know. Of course by now, there are (7) co-sponsors for bill H.R.3072 and (3) co-sponsors for bill H.R.4202. The following information and more is on the website; Sample letters to write Congress, Congress e-mail addresses, their phone numbers, and how to download a message to them. Every time the bill receive another co-sponsor, the November Coalition will add that sponsor on my website. There is no excuse for anyone to not know anything about contacting Congress. If you want to know how a bill is made into law, go to the website www.advocate4justice.org look under the URL " Staying Informed" Garry Jones <advocate4justice2004@yahoo.com>
Secrets of "Immunity Law"; Revelations about How Corrupted Public Officers Escape Criminal Complaints - April 2, 2004 - I have researched immunities and the law quite thoroughly and have been working on a way to briefly present this to as many people, advocacy groups, or individuals as I may come into contact with who are willing to listen, or look at this concept.
International Covenant on Civil and Political Rights, G.A. res. 2200A (XXI), 21 U.N. GAOR Supp. (No. 16) at 52, U.N. Doc. A/6316 (1966), 999 U.N.T.S. 171, entered into force Mar. 23, 1976.
INTRODUCTION TO CRIMINALISTICS AND PHYSICAL EVIDENCE
JAMA Medical News & Perspectives - October 28, 1998
Prison Deaths Spotlight How Boards
Handle Impaired, Disciplined Physicians
and see the responses --- pay special attention to CMS' response [what a bunch of pure lies!] http://www.aaskolnick.com/jama/26may99.htm For those who of you who are putting together lawsuits for medical abuse and malpractice, you may find this information most rewarding.JUDICIAL ACCOUNTABILITY- April 6, 2004 - For several weeks now we have been discussing bad faith judges, prosecutors and defense lawyers who cause innocent people to go to prison. The general consensus among those who have written about this is that court officials who cause innocent people to go to prison should be sentenced to prison for the same length of time that the innocent person received. If Congress would pass a new law that implements this then we would see Due Process according to the Rule of Law in no time....
KIRBY V. STATE OF ALABAMA - October 15, 2004 - On August 27, 2004 the Supreme Court of Alabama decided in the Kirby case regarding nonviolent convicted offenders serving life or LWOP. Please see the attached letter from Alabama DOC regarding that decision.
Landmark U.S. Supreme Court Decisions
Law Analysis on the War on Drugs- Policing for Profit: The Drug War's Hidden Economic Agenda
LAW INFO LEGAL RESOURCE CENTER - The LawInfo Legal Resource Center is a free service designed to help consumers and businesses resolve their legal issues. You will find samples of legal forms and documents, such as a contract to sell your car, a will, or an employment agreement. You will find answers to a wide variety of commonly asked legal questions, many of which are available in RealAudio® and Windows Media formats in our Audio Guides. Features: LEGAL FORMS, LEGAL AND PRACTICE AREA DICTIONARY
LAW RELATED SITES - California
LawResearch NewsLetter - Just The LawLinks
Law Libraries of Case Summaries
AELE Law Enforcement
Legal Center
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Tel. (847) 685-0700 (No sales calls, please)
Fax (847) 685-9700 (or "junk" faxes either)
E-mail: info@aele.orgAele Law Library of Case Summaries:
Corrections Law for Jails, Prisons and Detention facilitiesLawyer Tools - Search over 550 free legal related databases from one easy interface. You will be able to find federal and state court opinions, statutes, Constitutions, Forms and much more.
LEGAL DEFINITIONS - Free Legal Information
Legal Reserach Links
This is a list of Uniform Resource Locators (URLs-- the Websites) of courts, legislative bodies, or agencies, whose opinions or materials you can obtain without charge. Some offer searchable databases; others provide court opinions by date of decision. Each of these sites is FREE. We have also included a listing of other web sites with lists of legal links, as well as some sources of general information, and web search engines. Please email us with any suggestions for additions, corrections, or changes.Legal research requires the use of special tools and publications.
The Virtual Chase informs about Web sites and research strategies for finding the law.LEGAL INFORMATION SELF-HELP CENTER
LEGAL RESEARCH - April 16, 2005 - Search or browse our collection of annotated resources for factual or legal research. To learn about conducting legal research, see our articles and tips. Introduction to Online Legal, Regulatory & Intellectual Property Research, Genie Tyburski, Editor. Case Law. Statuatory Law. Regulatory Law. State Law. Foreign Law....and much more.
Legal Web Front: Legal WebFront TM is the Premier Internet Legal Research Tool! It makes your research tasks faster and simpler, as well as save you and your clients time and money. Research statutes, caselaw, federal government regulations, state governments, and topic-specific materials right through the Internet.
Lexis One - the Resource for Small Law Firms. Find free cases - Find free legal forms - etc.
Listing of Links - Supreme Court, Circuit Court, Bureau of Justice Statistics, an much more.
Manslaughter - Common Law
Massaro v. United States, 02-1559 - Decided April 23, 2003 - Supreme Court Rejects Appeal Limits for Inmates
MAYBURY V. MADISON - August 19, 2005 - U.S. Supreme Court MARBURY v. MADISON, 5 U.S 137 (1803) 5 U.S. 137 (Cranch) WILLIAM MARBURY v. JAMES MADISON, Secretary of State of the United States. February Term, 1803 - In the order in which the court has viewed this subject, the following questions have been considered and decided. 1. Has the applicant a right to the commission he demands? 2. If he has a right, and that right has been violated, do the laws of his country afford him a remedy? 3. If they do afford him a remedy, is it a mandamus issuing from this court? A law repugnant to the constitution is void, and that courts, as well as other departments, are bound by that instrument. Also, Chief Justice John Marshall stated: "It is a general and indispensable rule that where there is a legal right, there is a legal remedy." See also
http://writ.news.findlaw.com/commentary/20030224_grossman.htmlMiller-El v. Dretke, No. 03-9659 - U.S. SUPREME COURT - December 7, 2004 - Justices Give Second Hearing in a Texas Death Row Case By LINDA GREENHOUSE New York Times. Thomas Miller-El, 53, who is on death row, says the jury that convicted him of killing a Dallas hotel clerk was deliberately stacked with whites. The outcome of this case will affect many who are on death row.
Monitoring of Conversations between Detainees and their Attorneys - November 9, 2001 - is this lawful?
Mullaney v. Wilbur - The State of Maine requires a defendant charged with murder to prove that he acted "in the heat of passion on sudden provocation'' in order to reduce the homicide to manslaughter. We must decide whether this rule comports with the due process requirement, as defined in In re Winship, 397 U.S. 358, 364 (1970), that the prosecution prove beyond a reasonable doubt every fact necessary to constitute the crime charged....
Munn v. Toney, No. 05-1320 (8th Cir. January 18, 2006) - (Arkansas case) - Dismissal of prison inmate-plaintiff's civil rights action claiming deliberate indifference to his medical needs is reversed where plaintiff sufficiently alleged he was denied his blood-pressure medication as to his missed-medication claim, and plaintiff's missed-monitoring claim does not fail for lack of physical injury to plaintiff.
National Archive of Criminal Justice Data
National Criminal Justice Reference Service (NCJRS) - Clearinghouse of Criminal justice sources on the Internet
Nelson v. Campbell, 03-6821- Alabama case, US Supreme Court decision - May 25, 2004 - Alabama case. Joe W. Morgan III attorney of record. Dr. Glenn Larkin, amicus curiae brief written in November 2003. Dr. Mark Heath, physician. The Supreme Court ruled for the first time Monday that a death row inmate can pursue a last-ditch claim that lethal injection is unconstitutionally cruel.
NEW YORK UNIVERSITY LAW REVIEW - December 7, 2002 - # Charting the Influences on the Judicial Mind: An Empirical Study of Judicial Reasoning, 73 N.Y.U. L. REV. 1377 (1998) (with Michael Heise and Andrew P. Morriss) (Winner of Law and Society Association Article Prize, 1999). Of course, the article does not venture into the question of whether any of the federal criminal statutes are themselves constitutional, at least outside federal enclaves, but that was not the topic.
-- Jon Roland http://www.constitution.org/whatucando.htmNO JUSTICE - NO CONSTITUTION - June 16, 2005 - Review of your power and the power of the State you live in. You Are The Law! Your State Is The Law! To fully comprehend this web link it is an excellent idea to familiarize yourself with the word and phrase definitions on this sub-link. For your convenience the unfamiliar words and phrases referenced throughout this web link are defined herein and will also appear in blue when used within the write ups themselves. If you have forgotten the meaning of the words or phrases you need only to click on the word, or phrase referenced in the write up in blue, and the meaning will appear in a box for you to review. The definitions of the words and phrases below and throughout this link and its sub-links are mostly derived from Black?s Law Dictionary. Black?s is the highest authority that exists for the meanings of words and phrases relating to the exact lawful definitions used in law and courts across the United States.
North Carolina Forms - includes NC Supreme Court, Court of Appeals, Trial Courts, Opinions, Forms, Rules, Supreme Court Library, etc.
OVERTON V. BAZZETTA - US Supreme Court decision re: Prison Visiting - Decided June 16, 2003
OYEZ U.S. SUPREME COURT MULTIMEDIA RESEARCH PAGE - March 12, 2006 - Use this page for case law research.
Patterson v. New York - The question here is the constitutionality under the Fourteenth Amendment's Due Process Clause of burdening the defendant in a New York State murder trial with proving the affirmative defense of extreme emotional disturbance as defined by New York law....
PEOPLE BEFORE LAWYERS - January 15, 2004 - Putting the rights of citizens ahead of profits of lawyers...immunity for judges...judiciary self-regulating.
Prisoners and Prisoners' Rights - Overview Federal and state laws govern the establishment and administration of prisons as well as the rights of the inmates. Although prisoners do not have full Constitutional rights they are protected by the Constitution's prohibition of cruel and unusual punishment (see Amendment VIII).
PRO BONO PROGRAMS by State
PRO SE RESOURCE CENTER - Unlike many people who have been brainwashed by a famous attorney marketing slogan, I believe that in many situations a person can effectively represent themselves in court or in other legal proceedings,
IF that person has the right kind of personality, determination, and is properly informed and educated.PRO SE WAY - For those who find it necessary to litigate without or assist an attorney. Warning! Courts around this country are ruling against Pro Se's regardless of how legally correct they are. I regret to say Pro Se's are best approaching their litigation with the goal of meticulously documenting their injustice; otherwise they may be sorely disappointed.
Promise of landmark case remains unrealized - Forty years ago last week, on March 18, 1963, the U.S. Supreme Court decided the landmark case of Gideon v. Wainwright and announced a principle we all take for granted: that everyone who is accused of a crime is entitled to be represented by a lawyer, even if the accused is too poor to hire one.
Prosecutorial Resistance to Exculpatory DNA Evidence - September 4, 2003 - By far the most important development in the field of criminal justice over the last generation has been the advent of DNA analysis. The most dramatic result of DNA testing has been the exoneration of literally hundreds of inmates who were wrongly convicted of serious crimes and sentenced to lengthy prison terms and even death.
Public Affairs Research Council of Alabama - PARCA Reports & Data on Corrections in the southern states - Deciding the Future Directon of Criminal Punishment in Alabama and much more...
PUBLIC RECORDS - Paper prepared by Johnson Barton Proctor & Powell LLP - With respect to records other than judicial, no statute to the contrary intervening, the public generally have no absolute right of access or inspection. And one who demands that right can be properly required to show that he has an interest in the document which is sought, and that the inspection is for a legitimate purpose. But, for the public and for individuals showing such a right, the custodian of official documents is a trustee; and while he may and should preserve them against impertinent intrusion, he should allow ready access to those who have an interest in them, and who claim access for the purpose of promoting or protecting it.
PUBLIC RECORD SITES - At this web page, BRB provides a core group of links to FREE government searchable sites along with some important non-government sites. You will not find superfluous sites or multiple listings of the same link. We have indicated if a site is not searchable by name. The links list is updated weekly.
Public Record Databases by State
The Redeclaration of Independence - by John J. Kettler
REDRESS, INC. - "Redress: To set right, remedy or rectify... to make a fair adjustment; to see that justice is done". Webster's New World Dictionary. IMPORTANT: Please participate in the national study on Legal Abuse Syndrome
by completing an on-line questionnaire. This 5,000 participant study will enable us to collect information relevant to pro se litigants so that we can work to create real and lasting change. To participate, e-mail REDRESS2@redressinc.org, and note "STUDY PARTICIPANT" in the subject line.REMEDIES FOR INNOCENCE IN CALIFORNIA - WHICH STATES WILL FOLLOW - June 22, 2006 - California Dreaming? The Golden State's Restless Approach to Newly Discovered Evidence of Innocence. By DANIEL S. MEDWED, University of Utah - S.J. Quinney College of Law, U of Utah Legal Studies Paper No. 05-40, UC Davis Law Review, Vol. 40, 2007
ROPER V. SIMMONS - U.S. Supreme Court, March 1, 2005 - In a 5-4 ruling, the U.S. Supreme Court holds that the application of the death penalty to juvenile offenders is unconstitutional, concluding that "[w]hen a juvenile commits a heinous crime, the State can exact forfeiture of some of the most basic liberties, but the State cannot extinguish his life and his potential to attain a mature understanding of his own humanity."
RULES OF CIVIL AND CRIMINAL PROCEDURES - by state
Sample appellate brief to a federal court - The following sample brief follows the Federal Rules of Appellate Procedure. To save room on these webpages, some portions of the brief have been omitted, and it is single-spaced. If you are drafting a brief to a court in a federal circuit or in another jurisdiction, be sure to conform your brief's contents and format to the requirements of the court rules there.
SEARCY v. SIMMONS, No. 00-3161 (10th Cir. August 19, 2002)
A corrections department's Sexual Abuse Treatment Program (SATP) does not violate an inmate's Fifth Amendment right against self-incrimination, and the SATP's admission of responsibility requirement does not violate the right to free exercise of religion.Section 2254. State custody; remedies in Federal courts
SECRET CANONS OF JUDICIAL CONDUCT
SELF-DEFENSE LAWS - ALABAMA
Self-Help Prisoners Rights Materials, California - Here is an overview of FREE forms and how-to's available from the Prison Law Office website
SLACK V. MCDANIEL - ANTI-TERRORISM AND EFFECTIVE DEATH PENALTY ACT OF 1996 — RULES GOVERNING APPEALS - essential reading for anyone who intends to file a second 2254 habeas corpus petition.
Case: Slack v. McDanielIssue:
1. When an appeal by a habeas petitioner is filed after the effective date of the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) amendments to 28 U.S.C. § 2254, is the right to an appeal governed by the AEDPA even if the original habeas petition was filed before the effective date of the statute?
2. If AEDPA does control the proceedings on appeal, may a certificate of appealability issue under 28 U.S.C. 2253(c) (Supp. III 1997) when the district court dismissed the petition on procedural grounds?
3. Is a habeas petition "second or successive" when it is filed after an initial dismissal without prejudice for failure to exhaust state remediesStandard Minimum Rules for the Treatmet of Prisoners Adopted by the First United Nations Congress on the Prevention of Crime and the Treatment of Offenders, held at Geneva in 1955, and approved by the Econimic and Social Council by its resolution 663 C (XXIV) of 31July 1957 and 2076 (LXII) of 13 May 1977
Standard Minimum Rules for the Treatment of Prisoners UN Document Series Symbol : ST/HR/ UN Issuing Body: Secretariat Centre for Human Rights © United Nations
State Constitutions- A complete list of state constitutions
STATE v. BYRD - 115 S.C. 214, 105 S.E. 286 (1920). "it may be concluded, therefore, that 'the sudden heat [of] passion, upon sufficient legal provocation,' which mitigates a felonious killing to manslaughter, while it need not dethrone reason entirely, or shut out knowledge and volition, must be such as would naturally disturb the sway of reason, and render the mind of an ordinary person incapable of cool reflection, and produce what, according to human experience, may be called an 'uncontrollable impulse to do violence."' State v. Davis, 50 S.C. 405, 423-424, 27 S.E. 905, 911 (1897).
Statute of Limitations in Pennsylvania and Repressed Memories of Childhood Sexual Abuse - December 31, 2004 - Women's Law Forum, Legal Rules, Statute of Limitations, the Discovery Rule, and more...
SUPREME LAW LIBRARY - The Supreme Law Firm provides you with crucial information. Some of the features are long, so be patient when viewing them. Please allow the browser to load the document completely. (PC note: please
remember that all cases you use in writing a pro se document must be "shepardized" to be sure you are using the most current. It is better not to use a case as reference if it is outdated because the very argument you may be using in an outdated case may have been overruled by another case which would nullify your argument. Outdated does not necessarily mean old.
There are still some very old cases that remain current because it is good law. One example is United States v Mesarosh, 362 US 1,9 (1956) http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?navby=case&court=us&vol=352&invol=1#9 - so be careful in using case la in your pro se briefs - "always shepardize").UM Law Library, Law By Subject
United Nations Crime and Justice Information Network - Site includes their handbook, links to country specific information, international statistics, and research sources
United States Constitution and Bill Of Rights
The United States Constitution - and all of its ARTICLES
The Two United States and the Law - by Howard Freeman - An important "right" is available to you. The name of the right is "Allocution"
THREE STRIKES AND OTHER LEGAL RESEARCH - November 11, 2005 - The following case will aid you in your research and preparation of your own legal documents, or to help prisoners with their legal documents. If you are helping a prisoner, the following authority will help you in that process. As Supplemental Brief was prepared for the Third Appellate Court, by laymen under the authority of Johnson v. Avery , 393 U.S. 483 (1969), which states as follows:
TITLE VIII--PRISON LITIGATION REFORM SEC. 801. SHORT TITLE. This title TITLE VIII--PRISON LITIGATION REFORM SEC. 801. SHORT TITLE. This title may be cited as the `Prison Litigation Reform Act of 1995'. SEC. 802. APPROPRIATE REMEDIES FOR PRISON CONDITIONS. (a) IN GENERAL- Section 3626 of title 18, United...(This unconstitutional law, much of it now struck down, makes it impossible for inmates or their families to find any meaningful relief though the courts for abuses.)
US v. Georgia, No. 04-1203, 04-1236 (U.S.S.C. January 10, 2006) (Georgia case) - Insofar as Title II of the American with Disabilities Act creates a private cause of action for damages against states for conduct that actually violates the Fourteenth Amendment, Title II validly abrogates state sovereign immunity. To read the full text of this opinion, go to: http://laws.lp.findlaw.com/us/000/041203.html
United Nations Documentation - Research Guide
Human rights are recognized as fundamental by the United Nations and, as such, feature prominently in the Preamble of the Charter: "... to reaffirm faith in fundamental human rights, in the dignity and worth of the human person, in the equal rights of men and women and of nations large and small..."
The Organization's prominent role in the area of human rights is carried out by Charter-based and treaty-based bodies, some of which date back to the very foundation of the UN. As an indication of the expanding significance of this vast field, in 1993 the General Assembly created the post of United Nations High Commissioner for Human Rights (http://www.unhchr.ch/). A complete listing of the reports of the United Nations High Commissioner to the General Assembly can be found in the UN-I-QUE database.Universal Declaration of Human Rights 1948-1998
Adopted and proclaimed by General Assembly resolution 217 A (III) of 10 December 1948
On December 10, 1948 the General Assembly of the United Nations adopted and proclaimed the Universal Declaration of Human Rights the full text of which appears in the following pages. Following this historic act the Assembly called upon all Member countries to publicize the text of the Declaration and "to cause it to be disseminated, displayed, read and expounded principally in schools and other educational institutions, without distinction based on the political status of countries or territories."Universal Declaration of Human Rights (1948-1999) - December 10, 2004 - On December 10, 1948 the General Assembly of the United Nations adopted and proclaimed the Universal Declaration of Human Rights the full text of which appears in the following pages. Following this historic act the Assembly called upon all Member countries to publicize the text of the Declaration and "to cause it to be disseminated, displayed, read and expounded principally in schools and other educational institutions, without distinction based on the political status of countries or territories."
US COURT OF APPEALS, SIXTH CIRCUIT - Visitation Rights - 2002 FED App. 0118P -
MERRITT, Circuit Judge. Plaintiffs, a class of prisoners incarcerated by defendant Michigan Department of Corrections, and their prospective visitors, sue the department under 42 U.S.C. § 1983, claiming thatrestrictions on prison visitation imposed in 1995 violate their rights under the First, Eighth, and Fourteenth Amendments. Click here for the Adobe PDF version of this opinion.U.S. Supreme Court News - Cuffed to a Hitching Post: All Too Clearly Cruel -
Karen M. Blum, The National Law Journal March 4, 200U.S. Supreme Court - search for cases - Fee
US SUPREME COURT CASES on Harmless Error
US SUPREME COURT database - No Fee
US SUPREME COURT CASES - Recent decisions
UN Office of the High Commissioner for Huma Rights "Urgent action" procedure under extra-conventional mechanisms Check out "Arbitary Detention"
UNPRECENTED MOVE BY FEDERAL JUDGE ALLOWING RICO ACTION TO PROCEED AGAINST ARIZONA STATE COURT JUDGES- Case Also Involves High Ranking Prison Employees and Arizona Attorney General. On June 5th, 2005 Federal Judge David Campbell of Phoenix allowed a Federal Racketeering Action to proceed against Arizona Superior Court Judges Ronald Reinstein, Jonathan Schwartz, Gregory Martin, Edward Burke as well as employees of the State prison system and the Arizona Attorney General, it was announced today by Anant Tripati. (CIV 2003-1122 PHX DGC (DKD))
Voting Rights for Prisoners and Ex-Felones
We the People - U.S. Constitution, State Constitutions, Declaration of Independence - and worthy news updates
Web Cites for Federal Defenders
WESTERHEIDE v. STATE OF FLORIDA, No. SC00-2124 (Fla.October 17, 2002) - The "Jimmy Ryce Act", providing for the involuntary commitment of persons convicted of sexually offenses and found to be "sexually violent predators", does not violate ex post facto provisions, double jeopardy, due process, or equal protection.
WHO'S A RAT - April 2, 2005 - “ Whos a rat.com - REAL LIFE - REAL PEOPLE largest online database of informants and agents
Who Is Running America?
The Bankruptcy of America, the Corporate United States, and the New World OrderWOODWARD v. CORR. MED. SERVS. OF ILLINOIS, INC., No. 03-3147 (7th Cir. May 17, 2004) - Wrongful death verdict against CMS re: MI-inmate suicide. A reasonable jury could find that defendant's custom of failing to follow proper procedures with regard to mentally ill inmates led to the underlying, successful suicide attempt. Wrongful death jury verdict for plaintiff is affirmed.
WORLD LEGAL HISTORY- March 25, 2004 - For legal historians, the Web is a place where they can preserve in digital format the faded and crumbling documents of the past, for playback now and in the future. These chroniclers of the law are building invaluable archives online. From ancient Greece to the Magna Carta, from the common law to contemporary jurisprudence, Web sites document and explore the rule and role of law. This column looks at sites that explore the history of law from its earliest recorded beginnings, and then moves on to sites that focus on the legal history of the U.S.
WRONGFUL CONVICTION AND INNOCENCE RESOURCES ON THE INTERNET - December 22, 2005 - Ken Strutin (JD, MLS) is an experienced law librarian, criminal defense attorney, and well-known writer and speaker. He is the author of The Insider's Guide: Criminal Justice Resources on the Internet, and has lectured extensively about the benefits of using the Internet for legal research at national and local CLE training programs. Mr. Strutin also wrote ALI-ABA's Practice Checklist Manual on Representing Criminal Defendants, and co-authored the award winning Legal Research Methodology computer tutorial, published by the Center for Computer-Assisted Legal Instruction (CALI). He has contributed chapters to several books and written many articles concerning knowledge management, legal research and criminal law. Mr. Strutin has taught courses in Advanced Legal Research and Law Office Management. He is also listed in Who's Who in American Law. Currently, Mr. Strutin is the Director of Legal Information Services at the New York State Defenders Association and writes a column for the New York Law Journal. Published December 17, 2005
Wrongful Death Institute - Consultants and Analysists
Karen Russo - Founder and Director of The Wrongful Death Institute and Forensic Science Associates, practicing criminalist, B.A. Political Science, M.S. Criminal Justice, pursuing a Masters in Theological Studies, adjunct professor in criminal evidence and criminal investigation. Areas of expertise: wrongful death case analysis, death investigation, crime scene reconstruction, determination of weapons to wounds in blunt force and sharp force injuries, police liability, public speaker conducting workshops and seminars in the forensic disciplines and wrongful death issues nationwide for law enforcement agencies, attorneys, civic organizations, funeral home industry, criminal justice departments, and the public at large. Author of the upcoming book soon to be released entitled "The Last Breath".WYATT V. TERHUNE - January 15, 2003 - Before the Circuit Judges - FIRST AMENDMENT /
RELIGION / EQUAL PROTECTION - Vacated and RemandedYour Doorway to Future Success in Law Here is an interesting legal issue for you to ponder. According to this and many other sources, there was a 13th Amendment to the Constitution for the United States of America - not the one that we think we have now - that was removed during the time just before or during the Civil War.
