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Articles by Mark Wilson

Ex Post Facto Oregon Parole Postponement Claim Not Cognizable in §2254 Proceeding

by Mark Wilson

On October 31, 2019, an Oregon federal court held that a claim that extended parole postponement pursuant to the retroactive application of a new law violates the ex post facto clause and is not cognizable in a 28 USC § 2254 federal habeas corpus proceeding. Such a ...

Oregon Federal Court: 8th and 14th Amendments Mandate Miller Hearing

An Oregon federal court held that a sentence that prohibits a juvenile offender’s possible release until he is 88 years old violates the Eighth Amendment and the Fourteenth Amendment’s Due Process Clause because it denies a “meaningful opportunity” for release.

The Eighth Amendment requires a state to ...

Sixth Circuit Upholds Summary Judgment Against 14-Year-Old Mentally Ill Pretrial Detainee, Raped by Guard in Solitary

 by David Wilson

 The United States Court of Appeals for the Sixth Circuit affirmed the dismissal of a 14-year-old Tennessee detainee’s solitary confinement, mental health care and sexual abuse claims.

J.H. suffers from Pediatric Autoimmune Neuropsychiatric Disorder Associated with Streptococcal Infections (PANDAS). This disease manifests in psychiatric symptoms, including abrupt ...

Third Circuit Upholds Federal False Liens Conviction and 48-Month Sentence

by Mark Wilson

 The United States Court of Appeals for the Third Circuit affirmed a Pennsylvania man’s federal false liens convictions. The court concluded that 18 USC § 1521 is not unconstitutionally vague and overbroad, and the evidence was sufficient to convict him.

Clarence Hoffert is serving a 15- to ...

Oregon Lawmakers Prohibit Prison and Jail Telephone Kickbacks

by Mark Wilson

This isn’t just an issue of economics,” said Oregon Senator Sara Gelser, the chief sponsor of a bill prohibiting jail and prison telephone contract kickbacks that passed nearly unanimously. “This is really about the humanity of the people that are in our prisons and the ability of ...

Oregon Prison Guard, Guilty of Pocketing $10,811 in Falsified Overtime, Sues for Racism

by Mark Wilson

An Oregon prison guard’s 37-year career came to an inglorious end when he was caught stealing $10,881 from the Department of Corrections by falsifying his time cards. After a failed attempt to dismiss the prosecution as being racially motivated, the guard pleaded guilty and paid back his ...

Deaf Oregon Prisoner Awarded $125,000 for Jail’s Failure to Accommodate Disability

by Mark Wilson

On September 25, 2019, a federal jury in Oregon ordered Multnomah County jail officials to pay $125,000 to a deaf man for refusing to accommodate his disability while he was in custody.

David Updike, 52, was born deaf and communicates through American Sign Language (ASL). He never ...

First-Class Mail Insufficient for Mailing Date to be Filing Date in Oregon

by Mark Wilson

The Oregon Court of Appeals held on July 31, 2019 that first-class mail is insufficient to allow a mailing date to serve as the filing date for a notice of appeal.

The timely filing of a notice of appeal is a jurisdictional prerequisite for an appeal under ...

Oregon Prisoner’s Preventable Death Reveals Culture of Systemic Indifference

 by Mark Wilson

Michael Barton was sentenced to a six-year prison term by the Jackson County Circuit Court in April 2017, for second-degree robbery of a bank. Surveillance video immediately called his mental state into question when it showed Barton waiting politely while bank employees not only collected the ...

Oregon Passes Historic Juvenile Justice Reform Bill but Refuses to Apply it Retroactively

by Mark Wilson

On July 22, 2019, Oregon joined 22 other states and the District of Columbia in eliminating life without parole sentences for prisoners who committed their offenses as juveniles. The state enacted quite possibly the most progressive and broad juvenile justice reforms in the nation, ending the state’s ...