Courts
High Court: Under PLRA, 25% of Inmates’ Damages Must Go to Lawyer Fees
In a recent 5-4 decision, the U.S. Supreme Court resolved a dispute among lower federal courts about how large a share of damage awards inmates win in civil rights cases must be paid towards their lawyers’ fees. In Murphy v. Smith, decided February 21, turned on how to interpret §42 USC 1977(e)(d), a provision in…
Read MoreFlorida Supreme Court Speaks Out of Both Sides of Mouth in Prisoner Sanction Case
The Florida Supreme Court has issued an unusual opinion in which it simultaneously sanctioned a prisoner for too many filings and pointed out that the prisoner may be serving an illegal sentence. The prisoner, Otis D. Blaxton, filed 21 petitions with the Florida Supreme Court between 2008 and 2016. The petitions ran the gamut from…
Read MoreCriminal Jury Trials Disappearing
Every person accused of a crime has the right to a trial by jury. That right is enshrined in the U.S. Constitution, and is available to anyone charged with a serious criminal offense. But the number of jury trials is dwindling, replaced by plea bargains. “‘12 Angry Men’ is more a cultural concept than…
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