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Second Circuit: New York’s Persistent Felony Offender Statute Held Constitutional in En Banc Ruling

Loaded on March 15, 2011 by Matthew Clarke published in Prison Legal News March, 2011, page 17
Filed under: News, State Legislation. Location: New York.
by Matt Clarke

The Second Circuit Court of Appeals found that New York’s Persistent Felony Offender Statute (PFOS), N.Y. Penal Law § 70.10 , which allows enhancement of sentences for prior felony convictions, violated the Sixth Amendment to the U.S. Constitution. However, that finding was later reversed by an en …

 

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More from this issue:

  1. Legacy of Corruption: GEO Buys Off the Florida Political Establishment, by Beau Hodai
  2. Summary Judgment for Illinois Jail Nurse Reversed in Wrongful Death Suit, by Brandon Sample
  3. Band-aid Applied to Florida’s Homeless Sex Offender Colony Falls Off, by David Reutter
  4. Nevada Agrees to Settle Class Action Lawsuit Over Medical Treatment at Ely State Prison
  5. From the Editor, by Paul Wright
  6. Safety Concerns of a Prisoner Rights Lawyer
  7. Second Circuit: New York’s Persistent Felony Offender Statute Held Constitutional in En Banc Ruling, by Matthew Clarke
  8. Federal BOP’s Exclusions from Early Release Incentive for Substance Abuse Program Completion Struck Down
  9. U.S. Supreme Court Upholds $625,000 Judgment for Female Prisoner Molested by Ohio Prison Guard, by John Dannenberg
  10. Sixth Circuit Holds Pre-1992 Michigan Lifers Not Entitled to Ex Post Facto Relief
  11. California Prison System Lays Off Teachers, Vocational Instructors, by Michael Brodheim
  12. Virginia Federal Court Invalidates DOC Ban on Sexually Explicit Books, by David Reutter
  13. State Inspections Compel Changes at Abusive Michigan Juvenile Facility, by David Reutter
  14. Report Faults Private Prison Company for Deadly Arizona Prison Break, by Matthew Clarke
  15. Have a Cell Phone in Your Rectum? Body Cavity Searches OK’d in First Circuit, but Surgical Searches Are Not, by Brandon Sample
  16. Probation May Not Be Conditioned On Overly Broad Court Access Restrictions
  17. Social Security Audit Criticizes Prisoners’ Access to Personal Data; Federal Legislation Passed, by Matthew Clarke
  18. Georgia Eases Sex Offender Restrictions in Face of Federal Court Challenge
  19. Kentucky Jail Guards’ Convictions Affirmed in Sexual Abuse of Young Prisoner, by David Reutter
  20. Prison Health Services Doctors Caught in Scandals
  21. Prisoner Labor Used to Clean Up BP Oil Spill, by Matthew Clarke
  22. Former Orange County Jail Detainee Paid $750,000 to Settle Guard Tasering Suit
  23. Massachusetts: Wrongful Conviction Suit Settled for $3.25 Million
  24. Class Action Certified in California Federal Civil Rights Suit Against TransCor
  25. Towns Defaulting on Prison and Jail Bonds, by Matthew Clarke
  26. $100,000 Settlement in Nebraska Jail Prisoner Suicide Suit
  27. Florida: Cost Savings and Benefits of Prison Privatization Non-Existent, by David Reutter
  28. PLN and HRDC Win Consent Judgment Against Louisiana Sheriff in Censorship Case
  29. Tennessee: Private Prison Guards Considered “Public Servants”
  30. Texas Audits Private Prison and Substance Abuse Treatment Contract Monitoring, by Matthew Clarke
  31. Short-Lived Class Action Lawsuit Filed Against Global Tel*Link in California, Then Secretly Settled, by Michael Brodheim
  32. Kentucky Guards Sentenced to Federal Prison in Detainee Abuse Prosecution
  33. U.S. Supreme Court: No Federal Habeas Relief for California Lifer Parole Denials, by John Dannenberg
  34. Ohio Governor Spares Death Row Prisoner, Cites Problems with Evidence, by Derek Gilna
  35. $373,000 Settlement in New York City Juvenile Facility “Building Tenders” Suit, by Brandon Sample
  36. Disgraced Doctor Good Enough for Texas Prisoners, by Matthew Clarke
  37. New Mexico Corrections Secretary Lets Private Prison Firms Skate on Understaffing, Forgoes $18.6 Million in Fines, by Matthew Clarke
  38. California Prison Officials Pay $10,000 to Settle Prisoner’s Retaliation, Conditions Suit
  39. BOP’s Furlough Notification Policy Not to be Addressed for Seven Years, by Derek Gilna
  40. Continuing Violation Doctrine Applies to Deliberate Indifference in New York
  41. Fifth Circuit Holds Texas Parole Revocation Witness Denial Violates Due Process
  42. Terminally Ill Maryland Prisoner May Refuse Treatment; State’s Highest Court Denies Forced Treatment, by Mark Wilson
  43. Dismissal for Failure to Effect Service Reversed in Florida Failure to Protect Suit
  44. Iowa Supreme Court Holds Inmate Assault Statute Only Requires Bodily Fluids from Another for Conviction
  45. Second Circuit Holds Costs May be Denied to Prevailing Party on Appeal
  46. Second Circuit Reverses Denial of RLUIPA Dietary Claim
  47. Ninth Circuit Rules Prisoners Not Required to Include Legal Theories in Grievances
  48. Wisconsin Civil Commitment Patients Denied Minimum Wage
  49. North Carolina Prisoner Prevails in Claim Related to Paruresis, AKA “Shy Bladder”
  50. News in Brief:

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