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Articles by Matthew Clarke

Ninth Circuit Finds Arizona's Sex Offender Registration Law Not Ex Post Facto Violation

On September 2, 2016, a three-judge panel of the Ninth Circuit U.S. Court of Appeals found that Arizona's sex offender registration law may be constitutionally applied to persons who committed their offense prior to passage of that law. The decision upheld the conviction of a Cochise County man for failing ...

Nearly 2% of U.S. Adults on Parole or Probation at Year-End 2013

According to a statistical report released by the U.S. Department of Justice's Bureau of Justice Statistics in October 2014, there were nearly 4.8 million U.S. adults on some form of community supervision at the end of 2013. Although this amounts to about 1 in 51 members of the adult population, ...

Missouri Court of Appeals Upholds Termination of Prisoner's Parental Rights

B.E.G. (Father) appealed the termination of parental rights to two minor children whom he sexually abused. The court of appeals affirmed.

Because he pled guilty to child molestation, Father was prohibited by section 211.038 R.S. Mo. from reuniting with the children after his release from prison. Nonetheless, he challenged the ...

Mentally Ill Texas Jail Prisoner Celled in Fetid Squalor for Months

Almost a year after a surprise inspection of the Harris County Jail in Houston, Texas by the Texas Commission on Jail Standards (TCJS) resulted in the discovery of a mentally ill prisoner who had been locked in his solitary cell for months in fetid squalor, Harris County Sheriff Adrian Garcia ...

Maricopa County Jail's Prisoner Health Care Still Unconstitutional

With assistance from American Civil Liberties Union's National Prison Project (NPP) attorneys, plaintiffs were able to fend off an attempt to terminate a 37-year-old class-action civil-rights lawsuit challenging the provision of medical and mental health services to pretrial detainees in the 8,200-bed jail system of Maricopa County, Arizona. An Arizona ...

Landmark Settlement in New York State Juvenile Solitary Confinement Suit

The New York Department of Corrections and Community Supervision (DOCCS) reached a landmark settlement in a case involving excessive solitary confinement of 16- and 17-year-old (juvenile) prisoners. The settlement, filed on October 17, 2014, ushers in wide ranging reforms, limiting how solitary confinement can be used in disciplinary cases involving ...

Kentucky Court of Appeals Upholds Jail Confiscating Cash and Checks to Pay Fees

On November 13, 2015, a Kentucky court of appeals held that neither a jail nor a bank acted illegally when the confiscated the checks prisoners had on them when they were booked into the jail, deposited the unendorsed checks and used some or all of the money to pay jail ...

Kansas Supreme Court Holds State Immune from Suit Over Murder by Escapee

On April 22, 2016, the Supreme Court of Kansas held that the son of a woman murdered by an escaped state prisoner could not sue the state for her personal injuries and wrongful death. The district court had granted the state summary judgment after finding it was immune from liability ...

Few Oklahoma Exonerees Paid for Their Wrongful Incarceration

Despite Oklahoma having a wrongful-conviction compensation statute on the books since 2003, few exonerees in that state have received payment.

One example of the battles exonerees face is the case of Greg Wilhoit, who was sentenced to death for the 1985 murder of his wife. Her body was discovered in ...

Controversy over Oklahoma's Calculation of Prisoners' Release Dates

High-profile crimes allegedly committed by two former Oklahoma Department of Corrections (DOC) prisoners after they were released early from prison has generated controversy over how the DOC calculates release dates.

Desmond La'don Campbell was convicted of attempted kidnapping and sentenced to 12 years in prison. Between 2007 and 2012, he ...