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Second Circuit: Brady Claim Not Barred by Heck
Second Circuit: Brady Claim Not Barred by Heck
by Mark Wilson
The en banc Second Circuit Court of Appeals has held that a Brady claim is not Heck-barred when a defendant’s conviction is vacated but he subsequently pleads guilty to a lesser charge in exchange for immediate release.
During ...
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More from this issue:
- News in Brief
- Ninth Circuit: Abstention Inapplicable in First Amendment Cases, by Mark Wilson
- Tennessee Jail Breached Duty to Provide Medical Care; Damages Trial Ordered, by David Reutter
- Change in Florida Jail Policy Leads to Increased Homelessness, by David Reutter
- Prison Legal News Interviews Musician Wayne Kramer, by Paul Wright
- Eighth Circuit: Atheist Prisoner States Coerced Religious-Based Treatment Claim, by Mark Wilson
- Georgia’s High Court Finds No Categorical Right to Counsel in Civil Contempt Proceedings, by David Reutter
- GEO Group Rescinds $6 Million Donation to Name Stadium at Florida University, by David Reutter
- Private Prison Companies Reject Resolutions to Fund Rehabilitative, Reentry Programs
- Fifth Circuit Reverses Dismissal of Prisoner’s Suit Claiming Lack of Medical Care, by Matthew Clarke
- Prison Violence in Brazil Connected to Abuse, Gangs, Overcrowding
- Eighth Circuit Reverses Dismissal of Prisoner’s ADA/RA Claims, by Mark Wilson
- Misconduct at Washington State Civil Commitment Center as Concern Grows Over Releases, by David Reutter
- Georgia’s Execution Drug Secrecy Law Found Constitutional, by David Reutter
- Native American Prisoners Have Right to Tobacco in Religious Ceremonies, by David Reutter
- Ninth Circuit: Indefinite Stay and Denial of Guardian was Abuse of Discretion, by Mark Wilson
- For Shame! Public Shaming Sentences on the Rise, by David Reutter
- Book Review: Burning Down the House, by Nell Bernstein (The New Press, June 2014). 384 pages, $26.95, by Hannah K. Gold
- Second Circuit: Brady Claim Not Barred by Heck, by Mark Wilson
- Eighth Circuit: Ruling Required on Prison Officials’ Qualified Immunity Defense
- Eighth Circuit: Jail Guards Denied Summary Judgment for Use of Force against Detainees, by David Reutter
- Seventh Circuit: Dismissal due to Nonpayment of Filing Fee Requires Assessment, by Mark Wilson
- United States, Britain Offer Training to “Improve” Prison Conditions in Afghanistan
- California: Local Ordinances Banning Sex Offenders from Parks Invalidated, by Mark Wilson
- Montana: Extradition Costs Not Recoverable as Restitution, by Mark Wilson
- Life Sentences Spike in Recent Years – Especially in Utah
- Court Finds PLN’s Rights Violated by Arizona Jail; Case Settles for $15,293
- Eighth Circuit: Deliberate Indifference Standard GovernsMedical Care for Civilly Committed Detainees, by Mark Wilson
- Eighth Circuit: No Qualified Immunity for Jail Prisoner Raped in Unlocked Cell; $60,000 Verdict at Trial, by Mark Wilson
- Wisconsin Prison Guard Union Faces Challenges, by Derek Gilna
- Five Deaths in Eleven Months at California Jail Spark Grand Jury Probe
- Washington DOSA Revocation Requires Credit for Community Custody Time, by Mark Wilson
- Texas: $100 Medical Copay for Prisoners Generates Less Revenue than Expected, by Matthew Clarke
- Dialing with Dollars: How County Jails Profit From Immigrant Detainees, by Leticia Miranda
- From the Editor, by Paul Wright
More from Mark Wilson:
- Indiana Prisoner Sues Prison Abolition Group, Wins $1,097 Default Judgment, April 26, 2024
- Eighth Circuit Affirms Denial of Qualified Immunity to Minnesota Jail Guard Accused of Grabbing and Squeezing Detainee’s Penis, Feb. 1, 2024
- Former Oregon Prison Nurse Gets 30 Years for Raping Prisoners, Dec. 1, 2023
- After Ninth Circuit Refuses to Compel Arbitration, National Class Certified in HRDC’s Challenge to Jail and Prison Debit Card Fees, Oct. 15, 2023
- Seventh Circuit Revives Illinois Prisoner’s Claim Over Knee Surgery Delayed 29 Months, Oct. 15, 2023
- Fourth Circuit Reinstates North Carolina Prisoner’s Suit, Finding Grievance Procedure Availability an Open Question, Oct. 15, 2023
- Congress Forces BOP to Upgrade Security Cameras, Sept. 15, 2023
- Oregon Will Hold Release Hearings for 73 Prisoners Sentenced to LWOP as Juveniles, Sept. 15, 2023
- Senators Slam “Egregious” Prisoner Sexual Abuse by BOP Employees, Sept. 15, 2023
- Minnesota Supreme Court Denies Qualified Immunity for Delayed Transfer of Sex Offenders, Sept. 15, 2023
More from these topics:
- HRDC Files Suit on Behalf of Florida Man Wrongfully Convicted and Incarcerated for 31 Years, Feb. 15, 2025. Wrongful Conviction, HRDC Litigation.
- U.S. Navy Exonerates Wrongly Convicted Black WWII Sailors, Feb. 15, 2025. Wrongful Conviction, Military, Racial Profiling, Racial/Ethnic Bias/Profiling.
- Philadelphia Agrees to $9.1 Million Settlement for Wrongful Murder Conviction, Feb. 15, 2025. Settlements, Wrongful Conviction, Wrongful Imprisonment, Murder/Felony Murder.
- Hawai’i Supreme Court Reverses Murder Conviction for Prosecutorial Misconduct Based on Prosecution’s Improper Statements During Closing Arguments, Feb. 15, 2025. Prosecutors, Wrongful Conviction, Prior Convictions - Expungement or Reversal of, Improper Comment.
- Seeking Justice for Two: The DNA Scandal That Shook a Community, Jan. 15, 2025. DNA Testing/Samples, junk science, Wrongful Conviction, DNA Evidence/Testing.
- Nearly $12 Million Paid to Mentally Disabled Indiana Prisoner Wrongly Convicted of Murder, Jan. 15, 2025. Disabled Prisoners, Prison/Jail Murders, Settlements, Wrongful Conviction.
- Las Vegas Jury Finds Detectives Fabricated Evidence Against Woman Who Spent 15 Years in Prison for Murder and Awards Her $34 Million, Dec. 15, 2024. Settlements, Wrongful Conviction, False Statements/Perjury, Evidence - Destruction/Fabrication/Manipulation of.
- Washington Court of Appeals: No Reimbursement for Community Service Performed for Vacated Conviction, Dec. 15, 2024. Wrongful Conviction, Appeals/Appellate Jurisdiction, Probation, Parole & Supervised Release, Reimbursement of Costs.
- $46 Million Paid to Exonerated Missouri Prisoner Wrongfully Incarcerated for 10 Years, Dec. 15, 2024. Settlements, Wrongful Conviction.
- Wrongfully Convicted Actor Exonerated After 24 Years in Prison, Dec. 1, 2024. Wrongful Conviction.