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Article • December 17, 2018 • from P&J December, 2018
Abu-Shawish v. U.S., No. 17-1283 (7th Cir.) (898 F.3d 726) (July 31, 2018) (Judge David F. Hamilton) by In this comprehensive decision, Judge Hamilton has given us the complete “Certificate of Innocence Guide for Dummies.” He did that in the context of authorizing the issuance of a Certificate of Innocence …
Article • September 6, 2010 • from P&J September, 2010
U.S. v. Graham, No. 09-6013 (4th Cir.) (608 F.3d 164) (June 16, 2010) (Judge Diana Gribbon Motz) by This lengthy decision addressed, as a matter of first impression, the provisions of 28 U.S.C. § 2513, a statute that lays out the requirements for obtaining a “Certificate of Innocence,” which is …
Article • June 24, 2003
Albright v. Oliver, No. 92-833 (U.S. Supreme Court) (510 U.S. 266; 114 S.Ct. 807) (January 24, 1994) (Justice Rehnquist) by Here a plurality of the Court held that the substantive component of the 14th Amendment's Due Process Clause "with its scarce and open-ended guideposts" may not give rise to a …
Article • March 1, 1999 • from P&J March, 1999
Morgan v. Gertz, No. 97-1427 (10th Cir.) (166 F.3d 1307) (February 8, 1999) (Judge Mary Beck Briscoe) by This case is another example of how the courts protect the criminal justice system - even when law enforcement officials maliciously abuse their power. In this civil rights suit for damages, the …
Article • July 1, 1998 • from P&J July, 1998
Ramirez v. U.S., No. Civ. 97-2693(WHW) (D.N.J.) (998 F.Supp. 425) (March 16, 1998) (Judge William H. Walls) by Case is noted for its review of the law dealing with the immunity of the INS to claims if false arrest and false imprisonment, holding that under the Westfall Act the United …