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Articles by Matthew Clarke

Mere Possibility of Parole Insufficient to Prevent Texas Prisoners’ Parental Rights Termination

The Texas Supreme Court held that the mere possibility of parole within the two-year imprisonment requirement of § 161.001(1)(Q), Texas Family Code, was insufficient to prevent termination of a prisoner's parental rights.

William Keith M. is a Texas state prisoner and the biological father of H.R.M. He divorced Stacey M., ...

Gannet New Jersey’s Witch Hunt for Public Employees with Criminal Records

Gannet New Jersey's Witch Hunt for Public Employees with Criminal Records

by Matthew T. Clarke

The media in New Jersey, spearheaded by Gannett New Jersey publications, has embarked on a campaign to root out public employees with criminal records.

On April 1, 2007, Gannett New Jersey published the results of ...

Connecticut Takes Cut of Prisoner Judgments and Inheritances

by Matthew T. Clarke

Connecticut has enhanced its use of a state law (C.G.S.A. § 18-85a) that allows it to recover costs of incarceration from prisoners, targeting prisoners who benefit from a ?windfall? such as an inheritance, insurance settlement, legal judgment or lottery payment.

The state began actively enforcing the ...

Texas Must Afford Prisoners Due Process in Trust Fund Garnishment

by Matthew T. Clarke

In an unprecedented decision, a Texas court of appeals held that the state must give a prisoner notice and other due process protection when garnishing his trust fund for payment of criminal fines.

Zakee Kaleem Abdullah, a Texas state prisoner, filed an appeal after the trial ...

Texas Court of Appeals Reverses Termination of Prisoner’s Parental Rights

Texas Court of Appeals Reverses Termination of Prisoner's Parental Rights

by Matthew T. Clarke

A Texas court of appeals held that when terminating a prisoner's parental rights the two-year period of incarceration used to justify the termination begins after the petition to terminate parental rights has been filed.

Eric Maiwald, ...

Refusal to Give Nitro Tablets to Prisoner With Chest Pain Actionable

by Matthew T. Clarke

The Fifth Circuit court of appeals held that a prisoner with a history of heart trouble who was denied any treatment for his chest pain could sue the nurse who denied him treatment even though he later received treatment and did not allege permanent damage.

John ...

Nevada Psychological Review Panel Hearings Subjected to Open Meeting and Constitutional Due Process Requirements

by Matthew T.Clarke

In two related cases, the Supreme Court of Nevada held that sex offender certification hearings held by the Nevada Psychological Review Panel (PRP) were subject to the Nevada open meeting law (OML) and constitutional due process. The court also held that prisoners who were serving consecutive sentences ...

Prior Drug Use Stable Among State Prisoners, Rises For Federal Prisoners

by Matthew T. Clarke

In October 2006, the Bureau of Justice Statistics of the U.S. Department of Justice released a report on prior drug use among state and federal prisoners. The report compared the years 1997 and 2004. It showed that the percentage of state prisoners who used drugs prior ...

Accuracy of Sex Offender Registries Questioned By GAO

by Matthew T. Clarke

On August 30, 2006, the federal Government Accountability Office (GAO) released a report that questions the accuracy of the sex offender registries being used by the states to track registered sex offenders (RSOs). The chief complaint was that the sex offender databases used to track RSOs ...

Six Florida Federal Prison Guards Convicted, Sentenced On Rape and Corruption Charges

by Matthew T. Clarke

Five former prison guards convicted in federal court on criminal charges stemming from a sex-for-contraband scandal at the Federal Correctional Institute (FCI) in Tallahassee, Florida have been sentenced; four received prison terms.

When federal agents arrived at FCI Tallahassee on June 21, 2006, they expected to ...