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Articles by Derek Gilna

New Jersey Supreme Court Turns Back Constitutional Challenge to the State's Sexually Violent Predator Act

In an opinion decided November 9, 2010, the New Jersey Supreme Court rejected constitutional challenges to their New Jersey Sexually Violent Predator Act, NJSA. In the case, the court ruled against the Defendants dual constitutional challenges to the constitutionality of the statute as applied to individuals such as himself, and ...

DC Circuit Affirms Order Denying FOIA FBI Disclosure to Kentucky Prisoner

The Court of Appeals for the District of Columbia has affirmed the district court denial of the Freedom of Information Act (FOIA) request of prisoner Benny Lee Hodge,
who had sought document disclosure from the FBI of 569 pages of “a complete and thorough search of all filing systems and ...

Seventh Circuit Affirms Imprisonment Does Not Promote Correction and Rehabilitation

The Seventh Circuit Court of Appeals overturned the above-guidelines sentence wherein the sentencing judge stated he wanted the defendant to "get mental health treatment." In so ruling, the Seventh Circuit followed the case of Tapia v. United States, 131 S.Ct. 2382 (2011), which stated that "imprisonment is not an ...

New Hampshire Supreme Court Affirms Order of Superior Court Denying His Motion to Amend the Conditions of His Suspended Sentence

In an opinion issued on September 17, 2010, the State Supreme Court in New Hampshire upheld the Superior Court's denial of defendant Jonathan A. Perfetto's motion to amend the conditions of his suspended sentence.

Mr. Perfetto had previously pleaded guilty to possession of child pornography in 2002, and ...

Wisconsin Prisoner's Pro-se AEDPA Action Rejected by Seventh Circuit

In an appeal from the U.S. District Court for the Western District of Wisconsin, Ronald Romanelli, a prisoner at the Columbia County Jail, was unsuccessful in convincing the Seventh Circuit of the United States Court of Appeals to overturn a district court jury verdict failing to grant him relief ...

EEOC finds BOP Workplace Retaliation Widespread

A U.S. Equal Employment Opportunity Commission's (EEOC) Office of Federal Operations (OFO) has issued a report that finds that a culture of "widespread retaliation" exists against employees who file EEOC complaints. The November 2010 report, which was compiled over a three-year period, and incorporated survey forms sent to ...

Wisconsin Prisoner's Pro-Se AEDPA Action Dismissed, Reversed and Remanded

The U.S. District Court for the Western District of Wisconsin's denial of a pro-se application for a writ of habeas corpus by prisoner Stanley E. Martin, Jr., was reversed and remanded by the Seventh Circuit Court of Appeals based upon "an improper interpretation of the relevant sections of ...

Fifth Circuit Court of Appeals Denies Prisoner's Habeas Petition Challenging Calculation of Sentence

Prisoner Isaac Leigh Hunter appealed from the district court's denial of his application for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. Hunter was seeking relief from a decision of the BOP to "deny him credit, through a nunc pro tunc order, against his federal ...

South Carolina Prisoner's Case Dismissed Under Three Strikes Rule of PLRA

Prisoner James G. Blakely, according to the decision, “has pursued over forty cases in federal district court, ten appeals in this Court, and numerous suits in state court.” The case before the Fourth Circuit Court of Appeals dealt with a Section 1983 action, including the South Carolina Department of Corrections ...

Iowa Supreme Court Supports Prisoner Suppression Motion

In a case of first impression, the Iowa Supreme Court has reversed an Iowa Court of Appeals decision denying a "limited statutory right to a custodial in-person consultation with an attorney," and suppressed an operating a motor vehicle while intoxicated (OWI) breath test result.

Carson Michael Walker was arrested on ...