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Article • February 1, 2023 • from PLN February, 2023
Federal Judge Refuses to Shorten Corruption Sentence for Former Head of New York City Jail Guards’ Union by Matthew Clarke by Matt Clarke On August 10, 2022, the federal court for the Southern District of New York denied a habeas corpus petition filed by the former head of the union …
Fifth Circuit: No Qualified Immunity for Mississippi Sheriffs in Suit Over Mentally Ill Man’s Years-long Unlawful Detention by Matthew Clarke by Matt Clarke On August 24, 2022, the U.S. Court of Appeals for the Fifth Circuit upheld a district court’s denial of qualified immunity (QI) to the current and former …
Brief • January 31, 2023
State of Alabama v. Hamm, AL, Order on Motion, Inmate Release, 2023 DOCUMENT 24 ELECTRONICALLY FILED 1/31/2023 9:50 AM 03-CV-2023-900132.00 CIRCUIT COURT OF MONTGOMERY COUNTY, ALABAMA GINA J. ISHMAN, CLERK IN THE CIRCUIT COURT OF MONTGOMERY COUNTY, ALABAMA STATE OF ALABAMA, Plaintiff, V. JOHN Q. HAMM, CAM WARD, Defendants. ) …
Publication • January 25, 2023
Filed under: Overdetention
DOJ Investigative Finding-Louisiana DOC, Jan. 2023 Louisiana Department of Public Safety and Corrections Investigative Findings and Next Steps On January 25, 2023, following an extensive investigation, the U.S. Department of Justice’s (DOJ) Civil Rights Division and the three U.S. Attorney’s Offices for the State of Louisiana notified the Louisiana Department …
Publication • January 25, 2023
Filed under: Overdetention
Investigation of the Lousiana Dept. Of Public Safety & Corrections-Jan. 2023 INVESTIGATION OF THE LOUISIANA DEPARTMENT OF PUBLIC SAFETY & CORRECTIONS United States Department of Justice Civil Rights Division January 25, 2023 TABLE OF CONTENTS I. INTRODUCTION .................................................................................................................. 1 II. SUMMARY ............................................................................................................................ 1 III. INVESTIGATION .................................................................................................................. 3 IV. BACKGROUND .................................................................................................................... …
Brief • January 19, 2023
Golbert v. Smith, IL, Complaint, Wrongfully Incarcerated, 2023 Case: 1:23-cv-00300 Document #: 1 Filed: 01/19/23 Page 1 of 32 PageID #:1 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION CHARLES GOLBERT, Cook County Public Guardian, on behalf of J.B., K.J., M.J., D.M., J.R., J.S., …
Article • January 1, 2023 • from PLN January, 2023
Florida Supreme Court: Trial Courts Have Authority to Correct Sentencing Errors, But Subject to Time Limits by David Reutter by David M. Reutter On June 16, 2022, the Supreme Court of Florida held that a trial court has authority to make corrections to sentence credits for jail and prison time …
Article • December 27, 2022
Ninth Circuit Tells Federal Prisoner in California to Wait Until Incarcerated Before Applying for Compassionate Release by Matthew Clarke by Matt Clarke On April 4, 2022, the U.S. Court of Appeals for the Ninth Circuit held that a convicted and sentenced federal criminal defendant who had not yet been incarcerated …
Arkansas Supreme Court Rules Felony Enhancements Subject to Parole Eligibility Statute in Place at Time of Crime by Jacob Barrett by Jacob Barrett On May 26, 2022, the Supreme Court of Arkansas held the state Department of Corrections (DOC) miscalculated parole-eligibility dates for a pair of state prisoners, causing a …
Eighth Circuit Strands Missouri Prisoners Sentenced to Life Without Parole as Juveniles in ‘Opaque’ Review Process by Douglas Ankney by Douglas Ankney On August 30, 2022, the U.S. Court of Appeals for the Eighth Circuit held that Missouri’s parole review process does not violate the constitutional rights of prisoners who …
Article • November 30, 2022 • from PLN December, 2022
LGBTQ Adults and Youth Face Criminalization and Over-Incarceration by Jacob Barrett by Jacob Barrett LGBTQ individuals continue to be criminalized for their sexuality, resulting in high rates of incarceration and higher chances of solitary confinement once behind bars. That’s the take-away from a report by The Sentencing Project issued on …
Brief • November 14, 2022
Filed under: Wrongful Conviction
McCann v. Fuller, MI, Plaintiff's Consolidated Response in Opposition to Dft's Motion for Summary Judgment, Wrongful Conviction, 2022 Case 1:19-cv-01032-PLM-PJG ECF No. 138, PageID.2776 Filed 11/14/22 Page 1 of 81 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MICHIGAN RAYMOND E. McCANN, II, Plaintiff, v. BRYAN FULLER, Special Representative of the …
Brief • November 14, 2022
Filed under: Wrongful Conviction
Klene v. Riggs, CA, Complaint, Wrongful Conviction, 2022 Case 2:22-cv-08318-KK-JC Document 1 Filed 11/14/22 Page 1 of 34 Page ID #:1 1 2 3 4 5 Deirdre O’Connor (California Bar No. 169422) deirdre@seamuslaw.com Seamus Law, APC 21151 S. Western Ave. Torrance, CA 90501 Telephone: (310) 780-4522 6 7 8 9 …
Article • October 31, 2022 • from PLN November, 2022
Sentencing Reports Show Longer Sentences, Few Compassionate Releases by Benjamin Tschirhart, Casey Bastian by Benjamin Tschirhart and Casey J. Bastian On July 20, 2022, the nonprofit Council on Criminal Justice (CCJ) reported a spike in the share of state prisoners serving long sentences, with 57% now locked up for ten …
Article • September 30, 2022 • from PLN October, 2022
SCOTUS Kills Condemned Ohio Prisoner’s Effort to Secure Evidence of Mental Impairment to Bolster Habeas Petition by Benjamin Tschirhart by Ben Tschirhart On June 21, 2022, the U.S. Supreme Court held that cases involving medical transport orders for prisoners seeking evidence of mental impairment to bolster a habeas corpus petition …
Article • September 30, 2022 • from PLN October, 2022
Federal Prisoners Finally Receiving Benefits 42 Months After First Step Act Became Law by Casey Bastian by Casey J. Bastian On June 18, 2022, almost three-and-a-half years after former President Donald J. Trump (R) signed the First Step Act (FSA) into law in December 2018, the federal Bureau of Prisons …
Article • September 1, 2022 • from PLN September, 2022
Rhode Island Supreme Court Finds Lifer “Civil Death” Law Unconstitutional by David Reutter by David M. Reutter The Supreme Court of Rhode Island held on March 2, 2022, that the state’s civil death statute is “unconstitutional and in clear contravention of the provisions” of the state constitution. The Court’s ruling …
Article • September 1, 2022 • from PLN September, 2022
SCOTUS Reinstates Boston Marathon Bomber’s Death Sentence by Mark Wilson by Mark Wilson In a 6-3 decision authored by Justice Clarence Thomas on March 4, 2022, the U.S. Supreme Court reinstated the death sentence of Boston Marathon bomber Dzhokhar Tsarnaev, reversing a lower appellate court to conclude that the trial …
Article • September 1, 2022 • from PLN September, 2022
Even as U.S. Jail Population Declines, Average Length of Stay Rises by Ashleigh Dye by Ashleigh N. Dye A recent study published in December 2021 suggests that even as U.S. jail population was falling between 2014 and 2019, the length of stay for each incarceration was on the rise. The …
Brief • August 10, 2022
Filed under: Pardons/Clemency
Marteeny v. Brown, OR, Opinion, Clemency, 2022 250 August 10, 2022 No. 488 IN THE COURT OF APPEALS OF THE STATE OF OREGON Douglas R. MARTEENY, District Attorney for Linn County, Oregon; and Patricia W. Perlow, District Attorney for Lane County, Oregon; on behalf of all Oregonians and Randy Tennant, …
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