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Brief • December 16, 2013
Filed under: Parole, Habeas Corpus
In re Butler, CA, Settlement Order, Parole Board Standards Habeas Suit, 2013 IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT, DIVISION 2 In re ROY BUTLER On Habeas Corpus. Case Nos. A139411 & A137273 Alameda County Case No. 91694B STIPULATION AND [~] ORDER REGARDING SETTLEMENT …
Etheredge v. City of Chicago, IL, Complaint, Excessive Force, 2013 ·: } ''.c- ' \ IN THE CIRCUIT COURT OF COOK COUNTY, I.tLlNO\~; COUNTY DEPARTMENT-LAW DIVISIOtf:> ... \: -~ TARANCE T. ETHEREDGE III, .. Plaintiff, V. CITY OF CHICAGO, a municipal corporation and MARK HEINZEL star #17399, an individual, JOSEPH …
Brief • December 16, 2013
Neeley Jr et al v. FCC et al, AR, Complaint, radio wire communication security, 2013 Case 5:13-cv-05293-PKH Document 1 Filed 12/16/13 Page 1 of 21 PageID #: 1 Case 5:13-cv-05293-PKH Document 1 Filed 12/16/13 Page 2 of 21 PageID #: 2 Case 5:13-cv-05293-PKH Document 1 Filed 12/16/13 Page 3 of …
FCC Order Heralds Hope for Reform of Prison Phone Industry by John Dannenberg by John E. Dannenberg and Alex Friedmann "After a long time – too long – the Commission takes action to finally address the high cost that prison inmates and their families must pay for phone service. This …
Article • December 15, 2013 • from PLN December, 2013
Filed under: News, News in Brief
News in Brief by Arizona: On May 28, 2013, a former staff member at FCI Phoenix was convicted of six counts of sexual abuse of a ward. A federal jury found that Jose Arnulfo Martinez, 49, sexually abused a prisoner on three separate occasions in 2008 and victimized another prisoner …
Article • December 15, 2013 • from PLN December, 2013
Filed under: Telephones, Telephone Rates
Prison Phone Companies Fight for Lucrative Florida DOC Contract by David Ganim In April 2013, the Florida Department of Corrections (FDOC) issued an invitation for companies to bid on the department’s coveted prison phone contract. The FDOC evaluated responses to the bid invitation and conducted negotiations with three companies: Global …
Article • December 15, 2013 • from PLN December, 2013
From the Editor by Paul Wright Welcome to the last issue of PLN for 2013. As the year closes we can look back and see we have accomplished a great deal, including expanding the magazine to 64 pages, successfully urging the FCC to cap the cost of interstate prison phone …
Article • December 15, 2013 • from PLN December, 2013
Filed under: Sentencing, Habeas Corpus, AEDPA
Habeas Hints: Staring Down the Two-Headed Monster: Richter-Pinholster by Kent A. Russell by Kent Russell This column provides “habeas hints” to prisoners who are considering or handling habeas corpus petitions as their own attorneys (“in pro per”). The focus of the column is on the Antiterrorism and Effective Death Penalty …
Article • December 15, 2013 • from PLN December, 2013
Filed under: Telephones, Telephone Rates
Consolidated Footnotes – Charts A to D by 1 Alaska provides free local calls, plus free calls to the state’s Public Defender Agency, Office of Public Advocacy and Ombudsman’s Office. First-minute rates for intrastate calls range from $.17 to $.60, with subsequent minutes as indicated in Chart B. 2 Illinois’ …
Article • December 15, 2013 • from PLN December, 2013
BOP Compromises on Plan to Transfer Prisoners from FCI Danbury by Derek Gilna In an unexpected turnabout, the Bureau of Prisons (BOP) has modified its July 2013 decision to transfer all prisoners from the only federal women’s facility in the northeast, located in Danbury, Connecticut. The BOP had planned to …
Telemedicine Behind Bars by The National Commission on Correctional Health Care (NCCHC), which provides accreditation for medical services in prisons, jails and other correctional facilities, held its national conference in Nashville, Tennessee from October 28 to 30, 2013. PLN managing editor Alex Friedmann attended the conference and sat in on …
Third Circuit Allows Prisoner's Substitution of Deceased Guard’s Estate by The Third Circuit Court of Appeals held on October 16, 2012 that a district court had improperly denied a prisoner’s motion to substitute a deceased guard’s estate as a defendant. Delaware prisoner Wardell Leroy Giles filed suit in federal court …
Article • December 15, 2013 • from PLN December, 2013
Ninth Circuit: Residential Reentry Center Walkaway is Not Escape by The Ninth Circuit Court of Appeals has held that walking away from a residential reentry center does not constitute escape under 18 U.S.C. § 751(a). In 2008, Anthony E. Burke was convicted of federal offenses in Washington State and sentenced …
Article • December 15, 2013 • from PLN December, 2013
Possession of Cell Phone Doesn’t Violate Nevada Escape Device Statute by The Nevada Supreme Court has held that a statute prohibiting prisoners from possessing escape devices does not encompass possession of a contraband cell phone. Pursuant to NRS 212.093(1), prisoners are prohibited from having “any key, picklock, bolt cutters, wire …
Article • December 15, 2013 • from PLN December, 2013
Kansas Supreme Court Vacates Attorney Fee Reimbursement Order by The Kansas Supreme Court vacated a sentencing court’s order requiring a criminal defendant to reimburse Board of Indigents’ Defense Services (BIDS) attorney fees, for failing to make appropriate findings on the record. Morgan Wade was convicted of killing his former girlfriend …
Article • December 15, 2013 • from PLN December, 2013
Minnesota: Favorable Resolution of Charges Establishes Rebuttable Presumption of Expungement by The Minnesota Supreme Court held that the favorable resolution of criminal proceedings establishes a rebuttable presumption in favor of expungement under state law. In May 2009, a defendant identified only as RHB was charged with first- and third-degree assault …
Elder Abuse in Prisons: The Call for Elder Justice and Human Rights Protections Behind Bars by Tina Maschi by Tina Maschi, Ph.D., LCSW, ACSW “Prison is a hard place. Pure Hell! As long as you are in khaki, you are considered non-human. The elder suffer the most because there isn’t …
Article • December 15, 2013 • from PLN December, 2013
Massachusetts Warden Removed After Eight Months on the Job by The superintendent of the Souza-Baranowski Correctional Center in Shirley, Massachusetts was removed from his job only eight months after being promoted to the position. Anthony Mendonsa started as a guard in 1978 and worked his way up through the ranks; …
Article • December 15, 2013 • from PLN December, 2013
Filed under: Organizing, Voting
Iowa Voting Rights Restoration Process Becomes Slightly Less Onerous by Iowa is one of the toughest states in the nation for disenfranchised felons who want to obtain reinstatement of their voting rights, a review by the Associated Press found. When Republican Governor Terry Branstad took office in 2011, he reversed …
Article • December 15, 2013 • from PLN December, 2013
Filed under: Attorneys
New York City’s Revised Indigent Defense Services Plan Upheld by The New York Court of Appeals – the state’s highest court – held last year that changes to New York City’s system of indigent defense, which permit the assignment of conflict cases to institutional providers without the involvement of county …
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