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Brief • July 21, 2023
Filed under: Wrongful Conviction
Henning v. Town of New Milford, CT, Ruling and Order on Motions for Summary Judgment, Wrongful Conviction, 2023 Case 3:20-cv-01790-VAB Document 161 Filed 07/21/23 Page 1 of 84 UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT RALTH BIRCH AND SHAWN HENNING, Plaintiffs, v. No. 3:20-cv-1790 (VAB) [rel. No. 3:20-cv-1792 (VAB)] TOWN …
Brief • July 21, 2023
Filed under: Wrongful Conviction
Birch v. Town of New Milford, CT, Ruling and Order on Motions for Summary Judgment, Wrongful Conviction, 2023 Case 3:20-cv-01790-VAB Document 161 Filed 07/21/23 Page 1 of 84 UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT RALTH BIRCH AND SHAWN HENNING, Plaintiffs, v. No. 3:20-cv-1790 (VAB) [rel. No. 3:20-cv-1792 (VAB)] TOWN …
$500,000 Settlement for Texas Man Wrongly Imprisoned for Child Sex Abuse by Benjamin Tschirhart by Benjamin Tschirhart In 2013, Greg Kelley was a 17-year-old high school football star from Cedar Park, Texas. A good student, he already had a full scholarship to play football for the University of Texas in …
Article • July 15, 2023 • from PLN July, 2023
California LGBTQ Pardon Initiative Falls Short by Chuck Sharman by Chuck Sharman Three years after Gov. Gavin Newsom (D) unveiled a plan to pardon LGBTQ Californians prosecuted for their sexual orientation, the program has exactly one living beneficiary: Henry Pachnowski, 83, whose 1967 lewd conduct conviction was pardoned in 2022. …
Article • July 15, 2023 • from PLN July, 2023
Filed under: Wrongful Conviction
New York Prisoner Is Released After Conviction Is Vacated, Reinstated and Vacated Once More by Chuck Sharman by Chuck Sharman After a wild legal ride, Norberto Peets was exonerated of attempted murder on May 9, 2023, and he was released from a New York prison after 26 years. Early on …
Article • July 15, 2023 • from PLN July, 2023
Filed under: Pardons/Clemency
Biden Granting More Pardons Than Trump, Fewer Than Obama by Jordan Arizmendi by Jordan Arizmendi A raft of Presidential pardons for federal marijuana-possession convictions ballooned the total number of clemencies extended to current and former prisoners by Pres. Joseph R. Biden, Jr. (D). But even without those pardons, Biden had …
Article • July 15, 2023 • from PLN July, 2023
California Appellate Court: Time Spent in Mental Hospital to Restore Competency is Time Served by David Reutter by David M. Reutter On March 28, 2023, the CaliforniaThird District Court of Appeals ordered a lower court to recalculate a prisoner’s custody credits for time spent in a facility to bring the …
Article • July 15, 2023 • from PLN July, 2023
Nebraska Parole Board Members Showing Up to Work More Often by Jordan Arizmendi, Chuck Sharman by Jordan Arizmendi and Chuck Sharman Attendance at parole hearings by all five members of the Nebraska Parole Board has improved, after a 43-month stretch from 2018 to 2021 when all five showed up for …
Article • June 15, 2023 • from PLN June, 2023
Bureau of Justice Statistics Releases Latest First Step Act Data by Casey Bastian by Casey J. Bastian The First Step Act of 2018 (FSA) was signed into law in December 2018. Among other hoped-for benefits was that the legislation would help reduce recidivism and decrease the overall prison population. However, …
Article • June 15, 2023 • from PLN June, 2023
$17.675 Million Paid for New Yorker’s Wrongful Conviction by Jacob Barrett by Jacob Barrett Johnny Hincapie spent more than 25 years in prison for a crime he did not commit. On December 7, 2022, New York City agreed to pay Hincapie $12.875 million for his wrongful conviction, one of the …
Brief • 2023
Filed under: Wrongful Conviction
State of Florida v. Cure, FL, HB 6001-Compensation for Wrongfully Incarcerated, Wrongful Conviction, 2023 F L O R I D A H O U S E O F R E P R E S E N T A T I V E  HB 6001 1 2023 A bill to …
Brief • 2023
Filed under: Wrongful Conviction
Washington v. Boudreau, IL, Memo of Law, Wrongful Conviction, 2023 IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION WAYNE WASHINGTON, ) ) Plaintiff, ) Case No. 16 CV 1893 ) v. ) Honorable John Kness ) Magistrate Judge Maria Valdez KENNETH BOUDREAU, et al., ) ) …
Article • May 24, 2023
Study Finds 3% of US Prisoners Are Doing Time for Crimes Committed as Children by Jordan Arizmendi by Jordan Arizmendi Children prosecuted as adults have sadly been ignored by criminal justice reform. On May 9, 2023, a new study was released by the nonprofit Human Rights for Kids that put …
Article • May 1, 2023 • from PLN May, 2023
$1.3 Million Paid to Transgender Woman Held Five Months in Atlanta Jail on Bogus Charges by Chuck Sharman by Chuck Sharman On January 3, 2023, the Atlanta City Council unanimously adopted Ordinance 22-O-1891, clearing the way for the city to pay $1.3 million to settle claims by a Black transgender …
Louisiana High Court Abandons Ab Initio Precedent in Favor of “Victim’s Rights” by David Reutter by David M. Reutter Confronted with the appeal of a defendant who died on November 10, 2022, the Supreme Court of Louisiana reversed its own precedent and refused to abandon his prosecution. With that, the …
Brief • May 1, 2023
Filed under: Habeas Corpus
Hoffmann v. State of Wisconsin, WI, Emergency Petition for Habeas Corpus, Habeas Corpus, 2023 l j United States District Court 517 E. Wisconsin Ave. Milwaukee, Wi. 53202 Rev. Dean Hoffmann, (VICTIM) Petitioners -vs- ) State of Wisconsin, et al Respondents ) No: 2 3- c- 0 5 5 3 Emergency …
Article • April 24, 2023
Nebraska Supreme Court Puts Burden on Migrant Detainee to Prove Sentence Calculation Credit Error by Casey Bastian by Casey J. Bastian On March 10, 2023, the Nebraska Supreme Court affirmed a sentencing court’s jail credit calculation under Neb. Rev. Stat. § 47-503 (Reissue 2021), in a case where the amount …
Article • April 1, 2023 • from PLN April, 2023
Filed under: Settlements, Overdetention
$2.375 Million Settlement in Over-Detention Suit at Santa Clara California Jail by David Reutter by David M. Reutter On December 16, 2022, the federal court for the Northern District of California entered final approval of a settlement agreement in a class-action suit alleging Santa Clara County continued to hold detainees …
Article • March 1, 2023 • from PLN March, 2023
Filed under: PLRA, Detainers
After Eleventh Circuit Says ICE Detainee Is Not “Prisoner” Subject to PLRA, He Goes Missing from Georgia by David Reutter by David M. Reutter On September 29, 2022, the U.S. Court of Appeals for the Eleventh Circuit held that a civil detainee in custody of federal Immigration and Customs Enforcement …
Article • March 1, 2023 • from PLN March, 2023
Former PLN Editor Settles Suit Over Detention in Tennessee ‘Iron Man’ Cell, Gets 40-Year Prison Term for Vandalizing Nashville Jail by Benjamin Tschirhart by Benjamin Tschirhart On September 29, 2022, former PLN Editor Alex Friedmann, 53, settled with the Tennessee Department of Corrections (DOC) in a federal action alleging his …
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