Welcome to my Website!
As an independent paralegal and post conviction consultant with over 43 years of experience in the areas of law referenced on this webpage, it is the purpose of this webpage to provide updated information as to the decisions of the various state and federal courts in addition to news articles on the subjects of criminal, immigration, probation and parole, correctional law and much more. When either additional services are sought beyond that initially authorizes for paralegal assistance, or services sought requiring that which is either supervised by or exclusively handled by an attorney, William Marshall contracts with an assigned attorney to pursue said services. Contrary to what some might believe, there is always a remedy to make right of a wrong. To download a copy of brochure in PDF format click here.
Give the gift that keeps on giving!
Since most jails and prisons policies limit if not totally prohibits prisoners from receiving anything other than packages containing soft cover publications as matter of right pursuant to Bell v. Wolfish, 441 U. S. 520, send the gift that keeps on giving through the wealth of legal information contained in the various publications listed by clicking on the above ‘Publications” tab. Inasmuch as such publications can only be ordered from this website, delivery is ‘instant’ by immediate shipping. after a friend or relative of a prisoner using a credit or debit card to order. Click on above ‘Publications’ tab for list of publications and how to order.
NOTICE! Due to severe weather conditions which affected our normal operationals, we apologize for any delays in communications and service which has for most part been restored now. Read all about the massive flood by clicking here. Or you can personally view by watching a video by clicking here.
Change in crack sentencing means early releases
November 1, 11
The overall effect will be spread out over years, but almost 2,000 federal prisoners will be eligible for release on Tuesday. It could take longer for paperwork to go through and allow the inmates to walk free. Such procedures require application to the sentencing court.
Congress and President Barack Obama signed a law last year ending the practice of harsher sentences for crack cocaine compared to powder cocaine.
Now the U.S. Sentencing Commission is applying that law to past cocaine convictions. Officials estimate about 12,000 inmates could eventually benefit. Retain the legal support services of William Marshall for assistance in making application for relief. Or if preferred, prisoners can save money by doing their own application the 'do-it-yourself' pro se way by the self-help publication available for this task listed under 'Publications' tab which includes instructions, sample pleadings and supportive caselaw.
NEW! Publication
‘Monthly Caselaw Summaries’ For more information, sample issue and order form click here.
New!
‘Federal Habeas Corpus Citelist’
I am pleased to announce my new and certainly long needed publication which while highly reducing time required in legal researching on the most frequently raised grounds for seeking post conviction relief from a conviction and/or sentence, is indeed a work product compiled after years of extensive legal research and expense which has made up the entire contents. Cases cited in the over 200 page list are those where the court granted habeas corpus relief based upon violation of the laws and Constitution of the United States with most grounds being ‘ineffective assistance of counsel’. Order now while the supply of the first printing is still available. Only $49 which includes shipping and handling. For information on how to order, call William Marshall at 570-259--6664.
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NEW! Prisoners' Rights Handbook:
A Guide to Correctional Law Decisions of the Supreme Court of the United States & the Federal Courts of the Third Circuit
2009 Edition
By focusing on the 3rd Circuit, this book more specifically assists Pennsylvania's prisoners with specific case law and standards that can directly effect their cases. The Prisoners' Rights Handbook is a must have for all prisoners whether incarcerated in a jail or correctional facility in Pennsylvania state or federal facility. Although this 186 page publication is free of charge to download under the above 'Downloads' tab, an advance payment of $24 payable to William Marshall is required to cover reproduction and shipping cost when requesting a copy to be sent by mail..
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Pursuant to the landmark U. S. Supreme Court decision held in Bounds v. Smith, 430 U. S. 817 the court stated that the fundamental constitutional right of access to the courts requires prison authorities to assist inmates in the preparation and filing of meaningful legal papers by providing prisoners with adequate law libraries or adequate assistance from persons trained in the law, example paralegals.
INMATE ACCESS TO LAW LIBRARIES AND THE COURTS
In 1977, the United States Supreme Court held that prison officials must “assist inmates in the preparation and filing of meaningful legal papers by providing prisoners with adequate law libraries or adequate assistance from persons trained in the law” (Bounds v. Smith, 1977). In 1992, the Sixth Circuit Court of Appeals distinguished between a state’s affirmative duty to provide a right of access to the courts and a state’s duty not to interfere with such use; it decided that while a state may not
interfere with access, it has no affirmative duty to assist (John L. v. Adams, 1992). In other words, while the prison cannot stop inmates from filing lawsuits, it does not have to help them either.
In 1996, the United States Supreme Court specified that a prisoner must show a denial of access to court, not a denial of access to a law library or legal assistance, in order to claim a denial of court access. Therefore, a prisoner must show that the inadequacies in the prison’s library or assistance program made it more difficult for him to pursue a legal claim and that an “actual injury” resulted (Lewis v. Casey, 1996). An “actual injury” occurs when the effort of a prisoner to pursue a nonfrivolous legal claim is hindered, “frustrated” or “impeded.” For example, in Lewis v. Casey, the Court clarified that if a prisoner’s complaint is dismissed because he was unable to research pleading
requirements or unable to file a complaint, a hindrance has occurred. Access can also be impeded if prison officials interfere with an inmate’s ability to exhaust administrative remedies for non-frivolous claims as required by the Prison Litigation Reform Act (see more information about the PLRA below) (Davis v. Milwaukee Co., 2002). To establish injury, an inmate does not need to show that if he had been provided with adequate legal facilities he would have prevailed in a lawsuit; he need only show that he was prevented “from litigating a non-frivolous case” (Walters v. Edgar, 1998).
Unless correctional officials provide inmates with an adequate law library, pursuant to the Bounds court inmates have the right to seek and paralegals have the right to render legal assistance to inmates preclusion of which could consititue penalties under 18 USC 241 and/or 242 and 245 as well as 42 USC 1983 and 1985.