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Daily Archives: January 1, 1993

Civil Rights – Excessive Force – Damage Award – Supplemental Instructions (access required)

Where the district court in this excessive force case under 42 U.S.C. § 1983 determined, after the initial announcement of the jury verdict against some of the police officer defendants, concluded that the jury had erred in awarding punitive damages ...

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Civil Rights – Prisons – Extraordinary Credit (access required)

Although the prison inmates argue that the Department of Corrections’ application of their 36-month extraordinary credits (received for assistance in a murder investigation) to reduce their respective prison terms deprived them of half of the value of those credits because, ...

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Criminal – Guilty Plea – Magistrate Judge – Jurisdiction (access required)

Although the magistrate judge accepted defendant’s plea of guilty to threatening the president of the United States, and imposed sentence in defendant’s misdemeanor case, with defendant’s consent, the magistrate judge erred in later dismissing defendant’s motion to vacate his sentence ...

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Criminal – Habeas Corpus – Procedural Default – Late Appeal Notice (access required)

Although the commonwealth several times has granted petitioners an extension of the time to file a notice of appeal, this periodic grant of extensions on motion does not mean that the rule requiring dismissal of an untimely petition is not ...

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