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Article • December 23, 2013 • from P&J December, 2013
Wilbur v. City of Mt. Vernon, No. C11-1100RSL (W.D.Wash.) (989 F.Supp.2d 1122) (December 4, 2013) (Judge Robert S. Lasnik) by This is an intriguing (and potentially far-reaching) decision by Federal District Judge Robert Lasnick in which he found that indigent criminal defendants in the cities of Mount Vernon and Burlington …
Article • January 31, 2007
U.S. v. Rylander, No. 81-1120 (U.S. Supreme Court) (460 U.S. 752; 103 S.Ct. 1548) (April 19, 1983) (Justice Rehnquist) by Petitioner United States challenged a judgment of the U.S. Court of Appeals for the Ninth Circuit, which held that respondent, the owner of two businesses, could not be held in …
Article • August 5, 2005
Gideon v. Wainwright, No. 155 (U.S. Supreme Court) (372 U.S. 335; 83 S.Ct. 792) (March 18, 2063) (Justice Black) by In this case, a unanimous Court held "that in our adversary system of criminal justice, any person haled into court, who is too poor to hire a lawyer, cannot be …
Article • June 1, 2005 • from P&J June, 2005
Halbert v. Michigan, No. 03-10198 (U.S. Supreme Court) (545 U.S. 605; 125 S.Ct. 2582) (June 23, 2005) (Justice Ginsburg) by Here, by a 6-to-3 vote, the Supreme Court vacated as unconstitutional a Michigan statute that denied court appointed counsel to persons plead guilty to a crime and thereafter seek permission …
Article • October 1, 2001 • from P&J October, 2001
Green v. U.S., No. 00-2624 (8th Cir.) (262 F.3d 715) (August 17, 2001) (Judge Morris Sheppard Arnold) by The petitioner in this case, Mack Green, sought to challenge his conviction and sentence pursuant to 28 U.S.C. § 2255. As part of that proceeding, he applied for in forma pauperis status. …
Article • February 1, 2000 • from P&J February, 2000
U.S. v. Smith, No. Crim.A. G-99-5 (S.D.Tex.) (76 F.Supp.2d 767) (December 6, 1999) (Judge Samuel B. Kent) by Judge Kent from Texas rejected a portion of attorney's request for compensation under the Criminal Justice Act after concluding that the CJA does not permit compensation of attorneys for time and expenses …
Article • February 1, 2000 • from P&J February, 2000
U.S. v. 87 Blackheath Road, No. 99-6049 (2nd Cir.) (201 F.3d 98) (January 31, 2000) (Per Curiam) by Here the Court held that a claimant had no Sixth Amendment right to counsel to challenge a civil forfeiture, and thus had no entitlement to the appointment of CJA counsel for such …
Article • April 1, 1997 • from P&J April, 1997
U.S. v. Viltrakis, No. 96-10054 (9th Cir.) (108 F.3d 1159) (March 12, 1997) (Judge Paul H. Roney) by Here the Court affirmed the district court's ruling granting defense witnesses only a small portion of the witness fees they requested, largely on the basis that defendant lacked standing to appeal the …
Article • April 1, 1997 • from P&J April, 1997
U.S. v. McVeigh, No. 96-CR-68-M (D.Colo.) (954 F.Supp. 1441) (January 28, 1997) (Judge Richard P. Matsch) by United States v. Viltrakis, 108 F.3d 1159 (9th Cir. 1997) (Judge Roney) United States v. McVeigh, 954 F.Supp. 1441 (D.Colo. 1997) (Judge Matsch) These two cases address another recurrent and fulminic issue: Does …
Article • January 1, 1994
U.S. v. Jordan, No. Crim.A. No. CR691-009 (S.D.Ga.) (812 F.Supp. 1235) (January 12, 1993) (Judge Dudley H. Jr. Bowen) by In this case, despite extensive vocal disenchantment with the provisions of the CJA that limit the amount of funds that are normally paid to appointed counsel in felony cases to …
Article • January 1, 1994
U.S. v. Cook, No. Crim.A. No. 84-CR-293 (D.Colo.) (628 F.Supp. 38) (August 27, 1985) (Judge John P. Moore) by
Article • January 1, 1994
U.S. v. Self, No. 90-CR-126G (D.Utah) (818 F.Supp. 1442) (November 24, 1992) (Judge J. Thomas Greene) by In this case the Court rejected as unreasonable a portion of the fees and expenses submitted by appointed counsel, stating: "In determining the total amount of reasonable time and expense, it is necessary …