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Arkansas DOC Director’s Sole Discretion to Determine Competency for Execution Violates Due Process

Loaded on March 5, 2019 by Mark Wilson published in Prison Legal News March, 2019, page 51
Filed under: Death Penalty/Death Row, Death Penalty. Location: Arkansas.

by Mark Wilson

The Arkansas Supreme Court held that a state law granting the corrections director sole discretion to determine if a prisoner is competent to be executed violates state and federal due process protections.

Only the governor, the Department of Correction’s director and the clerk of …

 

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  1. News in Brief
  2. Executive Order Prompts BOP to Expand Prison Apprenticeship Programs, by Dale Chappell
  3. Fourth Circuit: BOP Must Consider State Court’s Designation to Serve Concurrent Federal Sentence
  4. Hedge Fund Pumps More Money into Corizon Health
  5. “Prisoner of Weed” Released, Sets Sights on Criminal Justice Reform, by Dale Chappell
  6. CoreCivic Bilked Rural Oklahoma Town, Forced to Pay Back Money in Lawsuit, by Steve Horn
  7. Kentucky Jailer Gets New Trial in Beating of Pretrial Detainee
  8. Maine Prisoner’s Challenge to Confiscation of Funds States Declaratory Judgment Claim, by David Reutter
  9. Colorado Voters Approve Constitutional Amendment Abolishing Prison Slavery, by Matthew Clarke
  10. Settlement in Lawsuit Against Missouri DOC’s Selection of Execution Witnesses, by Kevin Bliss
  11. New York Criminal Defense Attorney Charged with Federal Crimes, by Chad Marks
  12. Prisoner Who Inspired First Step Act Is First Released, by Kevin W. Bliss
  13. Reports Cite Poor Leadership in U.S. Marshals Service, by Edward Lyon
  14. Long-Term Illinois Prisoners Rarely Released by State Parole Board, by Rick Anderson
  15. North Carolina Prison Guard Sues Over Religious Discrimination, by Monte McCoin
  16. Voters Consider Criminal Justice-Related Issues in Midterm Elections, by Steve Horn
  17. California Prison Psychologist Blows Whistle on LGBTQ Harassment, Settles Lawsuit for Retaliation, by Dale Chappell
  18. Grandmother Arrested and Mocked by Federal Agents Awarded $55,000 Settlement, by Chad Marks
  19. LA County Jail Guards’ Conviction for Assaulting Visitor Upheld, by David Reutter
  20. Arkansas DOC Director’s Sole Discretion to Determine Competency for Execution Violates Due Process, by Mark Wilson
  21. Wisconsin Federal Court Denies New Trial, Grants Attorney Fees in Sexual Abuse Case
  22. $150,000 Settlement after Michigan DOC Discriminates Against HIV Positive Prisoner, by Kevin Bliss
  23. Federal Court Certifies Class in Ohio County Jail Debit Card Case, by Chad Marks
  24. Seventh Circuit Vacates, Remands Punitive Damages Award Against Wexford, by Derek Gilna
  25. Tenth Circuit: Qualified Immunity Defeats 22-Year Solitary Confinement Claims, by Mark Wilson
  26. Alaska Disciplinary Order Vacated for Violating Wolff’s Statement of Reasons Requirement, by Mark Wilson
  27. No Summary Judgment for Jail’s Denial of Mental Health Treatment; $150,000 Settlement, by Mark Wilson
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  30. Counties Modify, Cancel Contracts for Privately Operated Immigration Detention Centers, by Matthew Clarke
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  53. Eighth Circuit Finds Verified Complaint Defeats Summary Judgment Motion in Failure-to-Protect Case, by Matthew Clarke
  54. New Sheriff Ends Juvenile Solitary Confinement at North Carolina Jail, by Kevin W. Bliss
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