What are the implications of the majority's decision to cap the amount of attorney fees a prisoner can spend defending a monetary judgment on appeal?
MultiRegion, United States of America
The following excerpt is from Woods v. Carey, 722 F.3d 1177 (9th Cir. 2013):
Because it runs counter to the plain meaning of 42 U.S.C. 1997e(d)'s text, I respectfully dissent from the majority's circuit-splitting opinion. See Riley v. Kurtz, 361 F.3d 906, 91618 (6th Cir.2004) (holding 1997e(d)(2)'s 150% cap includes any attorney fees a prisoner incurs defending a monetary judgment on appeal).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the timing of a motion for attorney's fees and costs in the wake of the Court of Appeal's decision of appeal against the Supreme Court of Justice's decision to dismiss the appeal? (MultiRegion, United States of America)
In a motion for reconsideration to extend the appeal period for a motion of appeal, does the appeal process need to be adjourned until after the appeal has been heard? (MultiRegion, United States of America)
What is the relevant jurisdiction for a motion of appeal against a judgment of conviction for sexual assault against a defendant who filed his notice of appeal pro se? (MultiRegion, United States of America)
In a motion to appeal against a jury verdict in a personal injury case brought by a defendant who failed to raise his objections to the trial judge on the motion, can the appellant appeal to the Court of Appeal to review the motion by the same judge? (MultiRegion, United States of America)
What is the effect of a frivolous appeal against the Court of Appeal's decision to dismiss the appeal on the grounds of mootness? (MultiRegion, United States of America)
What are the implications of the Court of Appeal's decision in a contempt case against appellant in which appellant was denied a retained attorney? (MultiRegion, United States of America)
What is the reasonableness analysis for a decision of the Appeals Officer in a motion to appeal against a motion of appeal? (Canada (Federal), Canada)
Is there a difference in the sentencing range between a non-appealing co-defendant and an appealing defendant? (MultiRegion, United States of America)
Is there any difference between the amount of time opposing counsel spends and the amount that the opposing attorney would have received under the lodestar calculation? (MultiRegion, United States of America)
What are the implications of the Court of Appeal's decision not to review a sentence that was too lenient for a defendant with a history of mental health problems? (MultiRegion, United States of America)
