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Second Circuit: Brady Claim Not Barred by Heck

Loaded on Feb. 4, 2015 by Mark Wilson published in Prison Legal News February, 2015, page 35
Filed under: Sentencing, Wrongful Conviction, Wrongful Imprisonment. Location: New York.

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 …

 

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More from this issue:

  1. News in Brief
  2. Ninth Circuit: Abstention Inapplicable in First Amendment Cases, by Mark Wilson
  3. Tennessee Jail Breached Duty to Provide Medical Care; Damages Trial Ordered, by David Reutter
  4. Change in Florida Jail Policy Leads to Increased Homelessness, by David Reutter
  5. Prison Legal News Interviews Musician Wayne Kramer, by Paul Wright
  6. Eighth Circuit: Atheist Prisoner States Coerced Religious-Based Treatment Claim, by Mark Wilson
  7. Georgia’s High Court Finds No Categorical Right to Counsel in Civil Contempt Proceedings, by David Reutter
  8. GEO Group Rescinds $6 Million Donation to Name Stadium at Florida University, by David Reutter
  9. Private Prison Companies Reject Resolutions to Fund Rehabilitative, Reentry Programs
  10. Fifth Circuit Reverses Dismissal of Prisoner’s Suit Claiming Lack of Medical Care, by Matthew Clarke
  11. Prison Violence in Brazil Connected to Abuse, Gangs, Overcrowding
  12. Eighth Circuit Reverses Dismissal of Prisoner’s ADA/RA Claims, by Mark Wilson
  13. Misconduct at Washington State Civil Commitment Center as Concern Grows Over Releases, by David Reutter
  14. Georgia’s Execution Drug Secrecy Law Found Constitutional, by David Reutter
  15. Native American Prisoners Have Right to Tobacco in Religious Ceremonies, by David Reutter
  16. Ninth Circuit: Indefinite Stay and Denial of Guardian was Abuse of Discretion, by Mark Wilson
  17. For Shame! Public Shaming Sentences on the Rise, by David Reutter
  18. Book Review: Burning Down the House, by Nell Bernstein (The New Press, June 2014). 384 pages, $26.95, by Hannah K. Gold
  19. Second Circuit: Brady Claim Not Barred by Heck, by Mark Wilson
  20. Eighth Circuit: Ruling Required on Prison Officials’ Qualified Immunity Defense
  21. Eighth Circuit: Jail Guards Denied Summary Judgment for Use of Force against Detainees, by David Reutter
  22. Seventh Circuit: Dismissal due to Nonpayment of Filing Fee Requires Assessment, by Mark Wilson
  23. United States, Britain Offer Training to “Improve” Prison Conditions in Afghanistan
  24. California: Local Ordinances Banning Sex Offenders from Parks Invalidated, by Mark Wilson
  25. Montana: Extradition Costs Not Recoverable as Restitution, by Mark Wilson
  26. Life Sentences Spike in Recent Years – Especially in Utah
  27. Court Finds PLN’s Rights Violated by Arizona Jail; Case Settles for $15,293
  28. Eighth Circuit: Deliberate Indifference Standard GovernsMedical Care for Civilly Committed Detainees, by Mark Wilson
  29. Eighth Circuit: No Qualified Immunity for Jail Prisoner Raped in Unlocked Cell; $60,000 Verdict at Trial, by Mark Wilson
  30. Wisconsin Prison Guard Union Faces Challenges, by Derek Gilna
  31. Five Deaths in Eleven Months at California Jail Spark Grand Jury Probe
  32. Washington DOSA Revocation Requires Credit for Community Custody Time, by Mark Wilson
  33. Texas: $100 Medical Copay for Prisoners Generates Less Revenue than Expected, by Matthew Clarke
  34. Dialing with Dollars: How County Jails Profit From Immigrant Detainees, by Leticia Miranda
  35. From the Editor, by Paul Wright

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