A Jailhouse Lawyer’s Manual

 

A Jailhouse Lawyer’s Manual
12th Edition

LEGAL DISCLAIMER

A Jailhouse Lawyer’s Manual is written and updated by members of the Columbia Human Rights Law Review. The law prohibits us from providing any legal advice to prisoners. The information is not intended as legal advice or representation nor should you consider it as such. Additionally, your use of the JLM should not be construed as creating an attorney-client relationship with the JLM staff or anyone at Columbia Law School. We have attempted to provide information that is up to date and useful. However, because the law changes frequently, we cannot guarantee that this information is current or correct.

If you are printing chapters of the JLM for use by someone other than yourself, please include the title page and legal disclaimer, which can be accessed in PDF form by clicking on the blue, “Title Page & Legal Disclaimer” link below.

To view PDFs of the 12th Edition of the JLM, please click on the chapter titles in the Table of Contents below.

Title Page & Legal Disclaimer

Preface

Foreword by Justice Thurgood Marshall

Acknowledgments

Table of Contents

Section I: Introduction to the JLM and How to Use It

Chapter 1: How to Use the JLM

Section II: Learning Your Rights

Chapter 2: Introduction to Legal Research

Chapter 3: Your Right to Learn the Law and Go to Court

Section III: How to File a Lawsuit and Learn About Your Case

Chapter 4: How to Find a Lawyer

Chapter 5: Choosing a Court and a Lawsuit

Chapter 6: An Introduction to Legal Documents

Chapter 7: Freedom of Information

Chapter 8: Obtaining Information to Prepare Your Case: The Process of Discovery

Section IV: How to Attack Your Conviction or Sentence

Chapter 9: Appealing Your Conviction or Sentence

Chapter 10: Applying for Re-Sentencing for Drug Offenses

Chapter 11: Using Post-Conviction DNA testing to Attack Your Conviction or Sentence

Chapter 12: Appealing Your Conviction Based on Ineffective Assistance of Counsel

Chapter 13: Federal Habeas Corpus

Section V: How to Attack the Conditions of Your Imprisonment

Chapter 14: The Prison Litigation Reform Act

Chapter 15: Inmate Grievance Procedures

Chapter 16: Using 42 U.S.C. § 1983 to Obtain Relief from Violations of Federal Law

Chapter 17: The State’s Duty to Protect You and Your Property: Tort Actions

Chapter 18: Your Rights At Prison Disciplinary Proceedings

Chapter 19: Your Right to Communicate with the Outside World

Section VI: How to Attack Your Conviction, Sentence, or Prison Conditions at the State Level

Chapter 20: Using Article 440 if the New York Criminal Procedure Law to Attack Your Unfair Conviction or Illegal Sentence

Chapter 21: State Habeas Corpus: Florida, New York, and Michigan

Chapter 22: How to Challenge Administrative Decisions Using Article 78 of the New York Civil Practice Law and Rules

Section VII: General Health and Safety Rights in Prison

Chapter 23: Your Right to Adequate Medical Care

Chapter 24: Your Right to be Free from Assault by Prison Guards and Other Incarcerated People

Chapter 25: Your Right to be Free from Illegal Body Searches

Chapter 26: Infectious Diseases: AIDS, Hepatitis, Tuberculosis, and MRSA in Prison

Section VIII: Issue-Specific Rights

Chapter 27: Religious Freedom in Prison

Chapter 28: Rights of Incarcerated People with Disabilities

Chapter 29: Special Issues for Incarcerated People with Mental Illness

Chapter 30: Special Information for Lesbian, Gay, Bisexual, Transgender, and/or Queer Incarcerated People

Chapter 31: Security Classification and Gang Validation

Chapter 32: Parole

Chapter 33: Rights of Incarcerated Parents

Chapter 34: The Rights of Pretrial Detainees

Chapter 35: Getting Out Early: Conditional and Early Release

Chapter 36: Special Considerations for Sex Offenders

Chapter 37: Rights Upon Release

Chapter 38: Rights of Youth in Prison

Chapter 39: Temporary Release Programs

Chapter 40: Plea Bargaining

Chapter 41: Special Issues of Incarcerated Women

Section IX: Appendices

Appendix I: Addresses of Federal Courts & New York State Prisons and Their Respective Federal Judicial Districts

Appendix II: New York State: Filing Instructions & Addresses of New York State Courts

Appendix III: Addresses of New York District Attorneys

Appendix IV: Directory of Legal and Social Services for Incarcerated People

Appendix V: Definitions of Words Used in the JLM

Appendix VI: Definitions of Latin Words Used in the JLM

How Not to be a Lawyer in Deposition of a Case

Alex Jones Deposition

How to File a Section 1381 Motion

How to File a Section 1381 Motion under the California Penal Code

By Patrick Gleeson, Ph. D., - Reviewed by Michelle Seidel, B.Sc., LL.B., MBA- Updated March 18, 2019

https://legalbeagle.com/6588899-file-1381-california-penal-code.html

Section 1381 of the California Penal Code describes how, under certain qualifying conditions, a prisoner in California may file a 1381 motion or have the motion entered on his behalf in order to be brought to trial within 90 days on another charge. There is no official form for the motion, but the request is relatively straightforward.


Section 1381 of the California Penal Code

Section 1381 applies only when a defendant is currently imprisoned but has another charge pending for a different crime. Section 1381 motions can be made only if the prisoner's current sentence is more than 90 days. If these conditions both apply, the prisoner can then file the 1381 motion for a speedy trial. Once the motion is made, the prisoner must be tried within 90 days or the charge must be dropped. The motion can be made by anyone currently incarcerated in state prisons, county jails, or held by the California Youth Authority.


What Section 1381 Accomplishes

The constitutional right to a speedy trial exists to prevent authorities from holding un-convicted prisoners in jail indefinitely while they await trial. Since a prisoner contemplating a Section 1381 filing is already incarcerated, the request for a speedy trial on a subsequent charge may seem to lack urgency – even after a subsequent trial and regardless of the outcome, the prisoner will remain incarcerated.

On the contrary, by filing the 1381 motion, the prisoner gives the court an opportunity to make the sentence from the later conviction run concurrently with the first.


Who May File

One difficulty for California prisoners who want to file a Section 1381 motion is that the State of California does not provide a Section 1381 form or official procedural instructions.

A prisoner must begin by determining his eligibility to file the 1381 Motion. The California Penal Code stipulates three qualifying conditions, each of which must be met. The defendant:
must have been convicted of a crime and sentenced to a minimum of 90 days.
must be presently incarcerated for that offense.
and must have other charges pending.

Pending charges that qualify under the statute can be any almost criminal proceeding that requires adjudication. This includes indictments as well as complaints.


The Essence of a 1381 Motion

A 1381 Motion requires that the relevant authorities bring the prisoner to trial on the pending charge within 90 days of filing unless the prisoner himself requests a continuance – that is, for a delay in the trial. The California Penal Code further requires that continuance requests be made in open court – that is, they can't be requested by a prisoner currently held in physical custody in a penal institution.
Failure to Provide a Timely Trial

If the District Attorney fails to provide the requested trial within 90 days, either the District Attorney or the defendant can move to dismiss the pending charge.


How and What to File

There are no formal requirements for the motion. The prisoner addresses a written communication to the relevant District Attorney by county and name and identifies it as a 1381 motion request. A sample 1381 motion is included in this article's Resource section.

The communication begins by identifying the prisoner by full name and prison number, then identifies the conviction that resulted in incarceration, the date of that conviction, where he is currently held, the name of the warden or jailer holding him and the scheduled date of release. The demand should specify that "pursuant to Penal Code section 1381," the motion is "for an Order dismissing the indictment, information, and/or complaint in the above-entitled matter" 90 days after the motion is filed.

Michael Fallon, a practicing California Defense attorney, also notes that sometimes district attorneys dispute the date of arrival of the 1381 notice. He recommends that prisoners send 1381 requests by registered mail with proof of service or, when the prisoner can arrange it, by personal service.

Really Liked what I Saw Today

So I sat in on some court proceedings today, and I have to say that I was very impressed with this particular judge.

She was fair, patient, and accommodating to everyone in the courtroom. So I just thought I'd give some recognition to The Honorable Pamela Smith-Stewart.

Me outside of the courthouse today.

Real Lawyer vs. Movie Lawyer

The Simpsons: Best of Lionel Hutz

Prop 57 Info

Prop 57: Early Parole for Non-Violent Criminals

On November 8, 2016, California voters voted to approve Proposition 57, also known as California's Early Parole for Non-Violent Criminals and Juvenile Court Trial Requirements Initiative.

Proposition 57, or simply Prop 57, was added as a new part of the California Constitution found at Article 1, Section 32.

Prop 57 dramatically changes California adult sentencing law as well as juvenile court procedures in the following ways:

1) Per Prop 57, California prisoners convicted of non-violent felonies may apply for early release on parole after the prisoner completes the full term of any primary offense for which the prisoner was convicted.

The full term of any primary offense means the longest term of imprisonment imposed by the court for any offense, excluding the imposition of an enhancement, consecutive sentence, or alternative sentence.

Pre-existing good time credits for prison sentences on the primary offense continue to apply.

2) Prop 57 allows inmates the ability to earn more good conduct credits while in prison. The more good conduct credits the prisoner earns while in prison the earlier the prisoner may be released on parole.

Good conduct credits fall into three major categories: good behavior, educational, or rehabilitative. Good conduct credits may be used for earlier release to parole on all crimes (including violent crime), not just non-violent crimes.

3) Prop 57 allows judges, not prosecutors, to determine whether or not a minor is considered a juvenile for purposes of prosecution. The issue of whether a minor qualifies as a juvenile is determined at a transfer hearing.

Per Prop 57, to be granted early parole, all inmates, current and future, must demonstrate that they are rehabilitated and do not pose a danger to the public.

Prop 57 Procedures:

The California Board of Parole Hearings determines who is rehabilitated and therefore eligible for early release. Any prisoner approved for release will be subject to mandatory supervision by law enforcement. An inmate's petition for early release can, but not necessarily lead to the following:

• The Department of Corrections can choose to have convicted felons only serve a sentence for one of their offenses (the primary offense with time off for any good time credits).

• Extra enhancements can be disregarded, and a person can be released early if the California Department of Corrections feels that they should be released early.

What is a non-violent felony?:

Neither Prop 57, nor California law, defines non-violent felonies; however, violent felonies are listed in California Penal Code section 667.5. Violent felonies are also listed at the bottom of this post. If a felony is not listed at the bottom of this post then the felony should be considered non-violent, and therefore, covered under the benefits of Prop 57.

More Prop 57 Resources 

California votersProposition You: Changing Landscape After Propositions 36,47, 57, 64 and 66

https://www.cdcr.ca.gov/proposition57/

The below list is a list of California crimes that are considered violent. These violent crimes do not qualify for early release on parole under Prop 57; however, these crimes may qualify for increased good time credits under prop 57. The list of non-violent crimes that are affected by Prop 57 is too numerous to list; therefore, if your crime is not listed below, you may be eligible for early release on parole under Prop 57.

• Murder PC 187(a)

• Voluntary Manslaughter PC 192(a)

• Mayhem PC 203

• Aggravated Mayhem PC 205

• Rape of Mentally or Physically Disabled Person PC 261(a)(1)

• Rape of Unconscious Person PC 261(a)(4)

• Spousal Rape by Force or Fear PC 262(a)(1)

• Spousal Rape W/Threat of Retaliation PC 262(a)(4)

• Sodomy of Minor by Force or Fear PC 286(c)

• Sodomy in Concert by Force or Fear PC 286(d)

• Oral Copulation on Minor Under 14 and Defendant 10 Years or More Older Than Minor PC 288a(c)

• Oral Copulation in Concert by Force or Fear PC 288a(d)

• Lewd or Lascivious Acts on Minor Under 14 PC 288(a)

• Lewd or Lascivious Acts on Minor by Force or FearPC 288(b)

• Any Felony Punishable by Life Imprisonment or Death PC 667.5(c)(7)

• Any Felony In Which the Defendant Caused Great Bodily Injury or Personally Used a Firearm PC 667.5(c)(8)

• Robbery in Second Degree PC 211

• Robbery in First Degree PC 212.5

• Robbery of Train PC 214

• Arson with Injury PC 451(a)

• Arson to Inhabited Structure PC 451(b)

• Sexual Penetration by Foreign Object by Force or Fear PC 289(a)(1)(A)

• Sexual Penetration by Foreign Object on Minor Under 14 with Defendant 10 Years or More Older than Minor PC 289(j)

• Attempted Murder PC 664/187(a)

• Exploding Destructive Device Causing Death PC 18755(a)

• Exploding Destructive Device With Intent to MurderPC 18745

• Exploding Destructive Device Causing Injury PC 18750

• Kidnapping PC 207, 208, or 209

• Assault With Intent to Commit A Felony Sex CrimePC 220 (Note: Several Variations of Felony Sex Assault Crimes are Listed in PC 220)

• Continuous Sexual Abuse of A Child PC 288.5

• Carjacking PC 215

• Rape in Concert or Sexual Penetration With A Foreign Object by Force or Fear in Concert PC 264.1

• Gang Related Extortion PC 518, 186.22 & 667.5(c)(19)

• Threats to Victims or Witnesses Related to Gang Crimes PC 136.1, 186.22 & 667.5(c)(20)

• First Degree Burglary of Occupied House PC 460

• Use of Firearm During the Commission of A Violent Felony PC 12022.53

• Use of A Weapon of Mass Destruction PC 11418(b) & 11418(c)

The Boy Who was Executed Twice

Can a Felon Vote in California?

In California, voting rights are restored automatically following a release from prison or discharge from parole. If you are currently on probation, you can vote as well. The only time your right to vote is denied is if you are still in prison serving time or in a county jail under realignment.

If you have a misdemeanor conviction in California, your right to vote is not affected. You can participate in all elections. If you do have a felony conviction, you are able to vote -

· Again – if you are on probation. (Even if part of the condition of probation is to serve time in jail).

· If you have completed probation

· If you are waiting on a court decision about a probation violation

· If you have completed post-release community supervision or parole

· If you have completed mandatory supervision

THE ACLU outlines the specifics about voting rights for felons on its site. You can find out more details by clicking this link.

Felon Voting Law in California

If you are in jail, you are entitled to vote –

· If you are awaiting trial for a crime;

· If you are serving time for a misdemeanor conviction;

· If you are on a probation violation; or

· If you are, as mentioned, on felony probation.

​

You cannot vote -

· If you are in jail awaiting transfer to prison for committing a felony

In basic terms, California law says you have the right to vote if you are on probation, off parole and off any other community supervision. Even if you have been in prison in the past, you can vote in California. As long as you are not currently in prison, on parole or under post-release community or mandatory supervision, you can vote.

How a Felon in California Can Restore Their Voting Rights

In California, you do not have to do anything to restore your voting rights as they are automatically restored after you have completed your parole and are no longer residing in state prison. However, you still must register or re-register to vote in any upcoming election.

According to the ACLU website, you can obtain a voter registration form at the state’s DMV, local post office or the county elections office. Felons should complete the form, then sign it and mail the document to the county elections office. You can also download the form online and sign and date the paperwork before sending it to the country elections office. Forms are available in both the English and Spanish languages.

If you so choose, you can also register to vote on the Secretary of State’s website. After you complete the form online, it will be returned to you via the mail for your signature so it can be mailed back. If you do use the online form, make sure you register at least a month ahead of the election date to permit extra time to mail the form back and forth. After registration, you can vote by mailing in your ballot or by visiting your local polling place.

Read more: https://www.jobsforfelonshub.com/felon-voting-rights/california/#ixzz4PeNDdh6M

Law School Genius

What is Law School Genius?

It's the law school arm of Law Genius. It's a free, open resource for law students to come together and study by annotating the cases they're reading.

Why Annotate Cases?

Annotating helps people analyze what's going on in a case, draw connections between cases, and bring all their knowledge and insight into the text itself.

It's also a great way to engage in more collaborative studying. Do you really read all the cases assigned to you in law school? Yeah, neither do we. Most students rely on study groups to help them get through it. Genius lets you share your insights with the rest of your group, helping to divvy up the work.

Even better, Genius essentially expands your study group beyond the people you happen to know and hang out with, to include the entire world.

Leave your mark on the wall of history and help us build a free, open, public database of legal knowledge while boosting your own understanding (and grades) in the process!

Annotating Cases Sounds Great! So... Where Do I Start?

You can find cases you're reading in the search bar. You can also flip through any of our Genius Casebooks — collections of the most famous cases most people read in a given subject area.

You can also visit our Tag Pages to see all cases relevant to a given subject matter.

Not finding the cases you're looking for? Want to create a Genius Casebook specific to your class?

Post your syllabus in the Law Genius Forum or email Christine, and she'll hook you up!

There Must Be a Catch, No?

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Does Law School Genius have Resources Besides Cases?

Indeed we do!

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We're also looking to put together an outline bank, so if you have old outlines from previous semesters, put them up or email them to Christine.

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You can visit our Educator's page or email Christine for more information.

I'm not a Law Student or Lawyer, Can I Annotate?

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