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Articles by Matthew Clarke

Fifth Circuit: Texas DNA Testing Motion Tolls Federal Habeas Limitations

by Matt Clarke

On November 14, 2007, the Fifth Circuit court of appeals ruled that a post-conviction DNA testing motion filed pursuant to Chapter 64 of the Texas Code of Criminal Procedure (C.C.P.) tolled the one-year limitations period for federal habeas corpus set forth in 28 U.S.C. § 2244(d)(2).

Wilbert ...

South Carolina DOC Must Establish Grievance Procedure For Crime Victims' And Prisoner Dependents' Claims Over Prison Industry Wages

by Matt Clarke

On May 7, 2007, the Supreme Court of South Carolina ruled that the South Carolina Department of Corrections (DOC) must allow prisoners' dependents, as well as crime victims entitled to restitution access to the DOC's internal grievance procedure to address issues involving prisoners' wages for participation in ...

Official Capacity Not the Same as Governmental Agency in Texas Civil Suit

by Matt Clarke

On June 24, 2010, a Texas Court of Appeals held that suing employees of the Texas Department of Criminal Justice (TDCJ) in both their official and individual capacities was not the same as suing both the governmental entity and the employees, and thus the employees did not ...

New Allegations of Widespread Prisoner Abuse in Iraq Emerge As Abu Ghraib Soldiers Sentenced; Abu Ghraib General Writes Book

by Matthew T. Clarke

PLN has previously reported the abuse of prisoners in American military prisons in Iraq. [PLN June 2004, p. 1; Nov. 2004, p. 36; Dec. 2004, p. 26]. The most infamous location where prisoner torture took place is Abu Ghraib prison near Baghdad. The brigadier general over ...

Charges Against Phoenix New Times Editors Dropped/Private Prosecutor Dismissed

by Matt Clarke

In the middle of the night of October 18, 2007, Phoenix New Times founders Michael Lacey and Jim Larkin were arrested at their homes and charged with revealing grand jury information for publishing an article revealing that they had been subjected to a grand jury subpoena of ...

Prosecutors Who Commit Misconduct Are Rarely Disciplined

by Matt Clarke

Prosecutors have a great deal of power and discretion. They choose whether to prosecute a case, what charges to file against a defendant and what plea bargain to offer. They can influence the court when imposing sentence and can even seek the death penalty. Prosecutors are also ...

Report Finds Prior Incarceration Hinders Upward Economic Mobility

by Matt Clarke

The Pew Charitable Trusts’ Economic Mobility Project and Public Safety Performance Project issued a collaborative report in September 2010 on the impact of incarceration on economic mobility. The report found a strong negative effect of incarceration on upward economic mobility not only for former prisoners but also ...

Seventh Circuit: Court May Not Revoke Supervised Release via Videoconference

by Matt Clarke

On March 19, 2010, the Seventh Circuit Court of Appeals held that a federal district court violated Rule 32.l(b)(2) of the Federal Rules of Criminal Procedure when the judge used videoconferencing technology to appear at a supervised release revocation hearing.

Christopher R. Thompson was convicted in federal ...

Fifth Circuit Grants Louisiana Prison Doctor Qualified Immunity

by Matt Clarke

The Fifth Circuit court of appeals reversed a Louisiana district court’s denial of qualified immunity for a prison doctor.

Anthony Gobert, a former Louisiana state prisoner, was incarcerated at the Elayn Hunt Correctional Center (EHCC) and on work release when his leg was accidentally crushed below the ...

Mandamus Issued Voiding Texas Court’s Seizure Of Trust Fund without Process

by Matt Clarke

A Texas court of appeals has conditionally granted a prisoner’s petition for a writ of mandamus, voiding a district court’s order garnishing funds from the prisoner’s trust fund to pay court costs in an old case.

Roger L. Keeling, a Texas state prisoner, was convicted in 1992 ...