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Lebron v. Armstrong.


U.S. District Court

INDIGENT indigent 1) n. a person so poor and needy that he/she cannot provide the necessities of life (food, clothing, decent shelter) for himself/herself. 2) n. one without sufficient income to afford a lawyer for defense in a criminal case. If the court finds a person is an indigent, the court must appoint a public defender or other attorney to represent him/her. This Constitutional right of counsel for the indigent was determined by Gideon v. INMATES

POSTAGE

LEGAL MATERIALS

Lebron v. Armstrong, 289 F.Supp.2d 56 (D.Conn. 2003). A state inmate petitioned pro se for a writ of mandamus mandamus (man-dame-us) n. Latin for "we order," a writ (more modernly called a "writ of mandate") which orders a public agency or governmental body to perform an act required by law when it has neglected or refused to do so. Examples: After petitions were filed with sufficient valid signatures to qualify a proposition for the ballot, the city refuses to call the election, claiming it has a legal opinion that the proposal is unconstitutional. to require state corrections officials to provide him, and all other inmates, with legal materials on request. The district court decided that the petition would be construed as a motion for a preliminary injunction. The court held that the inmate had no authority to appear in federal court as an attorney for other inmates, and that the inmate failed to state a claim for violation of his constitutional right of access to the courts. The court found that the delay in the inmate's obtaining of paper, envelopes and copies of legal documents, was not a violation of his rights, and denied the petition for a preliminary injunction. The court noted that the inmate's right of access to the courts did not encompass a right to an immediate and unlimited supply of pre-paid envelopes and other supplies, without any requirement that he balance his need for these items against other commissary purchases when determining how to spend his available funds. The inmate had challenged an indigency policy that requires an inmate to have less than $5.00 in his inmate account for ninety days before being considered indigent, and thereby receive free mailing services. (Connecticut Department of Correction)
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Title Annotation:ACCESS TO COURT
Publication:Corrections Caselaw Quarterly
Article Type:Brief Article
Geographic Code:1USA
Date:Feb 1, 2004
Words:228
Previous Article:Lane v. Doan.(ACCESS TO COURT)(violations of constitutional rights)(Brief Article)
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