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Article • May 15, 2007
Certified Court Records Not Hearsay by Brian Benefiel was released from the Washington State prison system after serving a sentence for attempted second degree assault. He didn't report to his supervising community corrections officer, for which he was arrested and charged with escape from community custody. A certified copy of …
Article • May 15, 2007
Escape Begins When Prisoner Departs Custody by The court of appeals for the Ninth circuit held that for U.S. Sentencing Guidelines purposes, an "escape" begins when a federal prisoner departs lawful custody with the intent to evade detection. The case involves a BOP prisoner who walked away from a prison …
Article • May 15, 2007
Oklahoma Escape Conviction Reversed for Jail Trusty by The Oklahoma Court of Criminal Appeals has reversed a conviction for a misdemeanant's escape from the Grady County Jail because the language of the escape statute didn't encompass such an escape. On August 20, 2003, Gary Barnard was serving time in the …
Article • May 15, 2007
Fed Prisoner's Standard Range Sentence for Escape Affirmed by In April, 2004, Lonnie Davis, a federal prisoner, was sent to a work release center after serving eleven years of a twelve-and-a-half year sentence for bank robbery. In May he escaped. He was later arrested and charged with escape. Davis was …
Article • May 15, 2007
$100,000 Awarded Hospital Guard Injured In Escape by While seeking medical treatment for a prisoner at the University of Massachusetts Medical Center, an officer from the City of Worcester Police Department became distracted by something outside the window. The prisoner, incorrectly secured by the wrists with leg shackles, slipped free …
Article • May 15, 2007 • from PLN May, 2007
Jail Chaplains Scrutinized for Affairs with Female Prisoners by Two county jail chaplains in different states are being accused by female prisoners of seeking sex from them while in custody. When she was held in Indiana?s Morgan County Jail, Susan L. Robbins, 38, was involved in the jail?s GED program. …
$3500 Punitive Damage Award Upheld for Dropping Shackled Prisoner by The U.S. Court of Appeals for the Eleventh Circuit held that record evidence supported a jury verdict that two Florida state prison guards violated a prisoner's Eighth and Fourteenth Amendment rights by using excessive force, that the guards were not …
Article • May 15, 2007
Duress Defense Unavailable to Prisoner Volunteering Assistance to Help Another Escape by The en banc Tenth Circuit Court of Appeals held that a prisoner convicted as a principle to possession of escape paraphernalia waived a defense of duress, and that failure to give instructions on that defense was not plain …
Article • May 15, 2007
Fugitive Disentitlement Rule by The Eighth Circuit Court of Appeals held that the fugitive from justice rule does not mandate the automatic dismissal of a civil case under the fugitive rule. In May 1987, James Perko, while confined at a Missouri State Penitentiary, brought suit under § 1983 for deliberate …
Article • May 15, 2007
Seizure of MO Escapee's Prison Account Upheld by The Missouri Court of Appeals upheld the confiscation of a state prisoner's trust fund account after he escaped from work release and remained at large for a month. The defendant prison officials claimed he abandoned the funds when he escaped. The trial …
Article • May 15, 2007
Affirmative Action, Special Relationship Required For Government Liability by The United States District Court for the Southern District of Ohio held that barring a "special relationship" with the victim and any affirmative action taken by the county, defendant county was not liable for the death of a man shot by …
Article • May 15, 2007
$32,500 Awarded to Citizens for Louisiana Prisoner's Escape by The Supreme Court of Louisiana held the State is liable for damages incurred by a prisoner in the process of escape. After a bench trial court awarded damages of $17,500 to Alvin Wilson and $15,000 to Ed Hillard, Jr. The Appeals …
Article • May 15, 2007
Brother Sentenced in Attempted Escape of Federal Prisoner by The United States District Court of New Mexico sentenced Adalberto Nava-Sotelo, alias Robert Montoya and El Guero, in the attempted escape of his older brother Oswaldo Nava-Sotelo, a prisoner in federal custody. On May 8, 2001, Adalberto Nava-Sotelo drove from his …
Article • May 15, 2007
WA Reasonable Doubt Instruction Re-Defined in Prison Escape by Bruce Bennett was convicted in the Clallam County Superior Court of attempted first degree escape from the Clallam Bay Corrections Center. Before the jury began its deliberations, the court gave its instructions. Among them was the comment that the jury must …
Article • May 15, 2007
Escape Triggers Texas Statute of Limitations for Civil Case Filing by The Fifth Circuit Court of Appeals has held that a prisoner's escape lifts his disability to allow the statute of limitations to run for the filing of a tort suit. This action was filed by Texas a prisoner, alleging …
Article • May 15, 2007
Inevitable Arrest Precludes Downward Departure Sentence for Escape by The Ninth Circuit Court of Appeals has held that a prisoner being sentenced for escape was not entitled to a downward departure sentence for voluntarily surrendering because his willingness to cooperate arose in connection with his arrest for trespassing. Christopher Blandin …
Article • May 15, 2007
Private Transportation Company Owes No Legal Duty To Escapee's Victim's Family by In 1999, Kyle Bell was tried and convicted of the 1993 murder of Jeanna North by the state of North Dakota. Transcor America Inc., a private prison transportation company, was contracted by the state of North Dakota to …
Article • March 15, 2007 • from PLN March, 2007
Three Work-Release Van Drivers Escape from Arkansas Prison; Practice Discontinued by Gary Hunter Two prisoners escaped from Arkansas? Benton Unit prison on July 9, 2006. Tab Delancey and Clifton Sanders were drivers in the prison?s work-release program. Arkansas was one of the few states that, until recently, allowed unsupervised prisoners …
Article • February 15, 2007 • from PLN February, 2007
BOP Halfway House Walkaway Is Not Federal “Crime of Violence” by John Dannenberg BOP Halfway House Walkaway Is Not Federal "Crime of Violence" by John E. Dannenberg The Ninth Circuit U.S. Court of Appeals held that a walkaway from a federal halfway house did not fit the categorical "crime of …
Illinois Cook County Jail Embroiled in Shootings, Scandals and Escapes by by Gary Hunter Shootings, stabbings, suicides, a death and multiple escapes have turned the Cook County Jail in Chicago on its proverbial ear over the past year, in addition to misconduct by guards, a change in the jails leadership …
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