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Articles by Matthew Clarke

Texas Supreme Court Rules Compensation Required in Schlup-type Innocence Cases

by Matt Clarke

On May 18, 2012, the Supreme Court of Texas held that a former prisoner whose murder conviction was reversed due to ineffective assistance of counsel after he proved that he was likely actually innocent was entitled to compensation.

Billy Frederick Allen was convicted of a double homicide ...

Pregnant Woman Suffers Needless Death in Oklahoma Jail

Jamie Lynn Russell (a.k.a. Jamie Fisher), 33, who was pregnant and experiencing severe abdominal pain, sought medical care at a hospital in Pauls Valley, Oklahoma on January 3, 2013. She was difficult and “not cooperating,” according to nurses, who summoned a nearby police officer to assist.

Medical staff decided to ...

Supreme Court: No Bivens Actions for Federal Prisoners in Private Prison

by Matt Clarke

In an 8-1 decision, the U.S. Supreme Court has held that federal prisoners housed in privately-managed prisons may not file Bivens-style federal lawsuits against private prison employees alleging lack of medical care in violation of the Eighth Amendment.

Richard Lee Pollard was a federal prisoner incarcerated in ...

Venezuelan TV Station Fined $2.16 Million for Prison Reporting

by Matt Clarke

Globovisión is the last remaining Venezuelan television station that is openly critical of President Hugo Chávez. In May 2010, Globovisión president Guillermo Zuloaga was arrested for making offensive comments about Chávez while discussing a government crackdown on the Venezuelan media at an Inter-American Press Association conference.

That ...

Dramatic Increase in Percentage of Criminal Cases Being Plea Bargained

by Matt Clarke

Over the course of the past few decades there has been a significant increase in the percentage of criminal cases being plea bargained and a corresponding decrease in cases that are taken to trial.

According to many legal experts, the driving force behind this change is an ...

Despite Budget Crunch, Texas Rarely Grants Medical Paroles

by Matt Clarke

Faced with a $23 billion shortfall in its 2011-2012 budget, Texas officials nevertheless have refused to take advantage of a potential money-saver: paroling state prisoners who are elderly, infirm or terminally ill, who pose little threat to public safety.

The Texas Public Policy Foundation (TPPF), a conservative ...

Contraband Smuggling a Problem at Prisons and Jails Nationwide

by Matt Clarke

The smuggling of illicit items such as drugs, cigarettes and cell phones into prisons and jails continues to be a significant problem throughout the United States. Often the people doing the smuggling are guards or other corrections employees, who, motivated by greed, accept bribes from prisoners.

Prison ...

Texas Slashes Prison Education Budget

by Matt Clarke

Faced with a $23 billion biennial state budget deficit, the Texas legislature has radically cut education programs in state prisons. Such short-term savings will undoubtedly result in long-term expenses, as education has been proven to reduce recidivism.

Jorge Renaud, 55, is an example of a prison education ...

Fifth Circuit Reverses $250,000 Award to Mississippi Prisoner Held too Long

by Matt Clarke

The Fifth Circuit Court of Appeals held that Christopher B. Epps, the Commissioner of the Mississippi Department of Corrections (MDOC), was entitled to qualified immunity after a prisoner was held beyond the date he was supposed to be released.

Will Terrance Porter, a former Mississippi state prisoner, ...

Texas Federal Court Issues Preliminary Injunction Prohibiting Sex Offender Parole Conditions; Case Settles for $52,000

by Matt Clarke

On October 7, 2011, a U.S. District Court issued a preliminary injunction prohibiting the Texas Board of Pardons and Paroles (Board) from enforcing onerous sex offender conditions that had been imposed on a parolee who had not been convicted of a sex offense.

Buddy Jene Yeary, convicted ...