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Articles by Mark Wilson

Ohio Supreme Court: Inference of Motive Justifies Death

The Ohio Supreme Court affirmed the death sentence of a man who was sentenced to death by a three-judge panel on a mere inference of motive.

David Williams, Nicholas Wiskur and Robin Patterson entered into a failed Ohio business partnership called United Contractors Unlimited (UCU), beginning in August 2008. By ...

Oregon Post-conviction Judgment Violates State Law

Last year the Oregon Court of Appeals reversed a lower court’s judgment denying a prisoner’s collateral appeal, because the judgment violated state law.

Following the direct appeal of a conviction and sentence to the Court of Appeals and state Supreme Court, Oregon prisoners may file a collateral appeal. Generally, claims ...

Sixth Circuit Vacates Denial of Qualified Immunity; Each Defendant’s Conduct Must be Individually Evaluated

The Sixth Circuit Court of Appeals has vacated a district court’s denial of qualified immunity because an individualized inquiry into the defendants’ role during an illegal body cavity search was not conducted.

Felix Charles Booker was a passenger in a vehicle pulled over by Oak Ridge, Tennessee police officer Daniel ...

Third Circuit Reverses Summary Judgment in Restraint Chair Case

The Third Circuit Court of Appeals held that a lower court did not follow controlling Supreme Court precedent when granting summary judgment to prison officials on a mentally ill prisoner’s restraint chair-related claim.

Since childhood, Pennsylvania prisoner Leonard G. Young, Jr. has suffered from severe bipolar and schizoaffective disorders. He ...

Ninth Circuit: Congress Can Criminalize Federal Sex Crimes Committed in State Facilities

The Ninth Circuit Court of Appeals held in August 2015 that Congress is authorized to criminalize sexual assaults in facilities where federal prisoners are held by agreement with state and local governments.

On March 5, 2009, Sabil Mumin Mujahid drove to Anchorage, Alaska’s Nesbett Courthouse for a bail hearing on ...

Missouri Supreme Court Invalidates Red Light Camera Ordinances

The en banc Missouri Supreme Court held on August 18, 2015 that red light camera enforcement ordinances in three cities were invalid because they violated state law or due process.

The City of St. Peters, Missouri enacted ordinance 4536, codified as City Code Section 335.095, which authorized a red light ...

Oregon DOC Sees Spike in Gang-related Murders

“This is a systemic problem,” said attorney Dennis Steinman, who represented the widow of an Oregon prisoner murdered in his cell. “This is not only about Snake River. This is about the prisons statewide.” Steinman appears to be correct, given that at least seven Oregon prisoners were killed by fellow ...

California: Jail’s Unsolicited Publication Distribution Ban Upheld

A California federal district court held in May 2015 that jail officials did not violate the First Amendment by refusing to distribute unsolicited publications to prisoners.

Crime, Justice & America, Inc. (CJA), founded by former bail bondsman Ray Hrdlicka, publishes a weekly 36- to 40-page magazine of the same name ...

Appeal Doesn’t Stay ODOC’s “Second Look” Release Plan Obligation

The en banc Oregon Supreme Court held on October 22, 2015 that appealing a trial court order conditionally releasing a juvenile murderer who had served half his minimum sentence did not relieve prison officials of their statutory obligation to prepare the prisoner’s release plan.

Oregon juveniles who: 1) committed their ...

Mentally Ill Oregon Prisoner’s Wrongful Death Suit Settles for $7.4 Million

The family of a mentally ill Oregon prisoner who died due to complications from an untreated broken neck received $7.4 million to settle their claims.

In 2012, the Lane County Jail (LCJ) in Eugene, Oregon entered into a contract with Tennessee-based Corizon Health, Inc. to provide medical care. The move ...