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Articles by Derek Gilna

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 as part ...

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 for ...

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 all Federal ...

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 the Antiterrorism ...

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 sentence for ...

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 ...

Chicago Police Hit with Big Judgment and “Code of Silence” Finding

Chicago Police have a difficult and dangerous job, but also a heavy responsibility to hold themselves accountable to follow the same laws they are sworn to uphold. In the case of Karolina Obrycka, a diminutive tavern employee, they failed to measure up. In a federal lawsuit alleging violation of her ...

El Paso Prisoner Receives $80,000 Settlement

Former El Paso County prisoner Brock John Behler received a settlement of $80,000 from El Paso County, Colorado to settle a federal civil rights lawsuit alleging the use of excessive force by former Deputy Dennis Grivois. The 2009 lawsuit, filed in U.S. District Court in Denver, Colorado, stated that Deputy ...

Florence Strip-Search Decision Sends Iowa Case Back to Square One

The recent decision by the United States Supreme Court in Florence v. Board of Chosen Freeholders of the County of Burlington, 132 S.Ct. 1510 (2012), which held that every detainee, even one held on a non-indictable offense, who will be admitted to the jail’s “general population” may be required to ...