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Article • November 15, 2006 • from PLN November, 2006
Wrongly Imprisoned Massachusetts Man Settles Suit Against City For $2,450,000 by On October 14, 2005, the City of Chicopee, Massachusetts, paid $2,450,000 to settle with a man who was falsely convicted of rape and imprisoned for 14 years before DNA evidence exonerated him. Eduardo Velazquez was convicted in 1987 of …
Article • October 15, 2006 • from PLN October, 2006
Former Head New York Islamic Prison Chaplain Pleads Guilty in Gun Case by Until he retired in 2000, Imam Warith Deen Umar, 61, made $67,919 a year as the head Islamic chaplain for the New York state prison system. On June 7, 2006, Umar pleaded guilty in Manhattan federal district …
Article • October 15, 2006
New York: Resentencing After Completion of Sentence Barred by Double Jeopardy and Due Process by by Brandon Sample Double jeopardy and due process principles prevent a court from resentencing a defendant after completion of his sentence, even if the defendant’s original sentence was illegal and inured to the defendant’s benefit, …
New Yorks Son of Sam Law Constitutional, Damages Seized by New York's Son of Sam Law Constitutional, Damages Seized The New York Supreme Court, Appellate Division, has held that the state's Son of Sam law, which allows a victim to seek restitution from crime perpetrators, is constitutional. Ibn Kenyatta was …
Article • October 15, 2006 • from PLN October, 2006
WA Courts Cannot Extend Supervision Period for Sex Offenses Committed Before 1996 by In 1994, Jamie Wallin pled guilty to sex offenses in Washington state, committed between July 2, 1988 and January 8, 1990. He remained free on supervision until March of 1996, when he violated his probation and received …
Article • October 15, 2006 • from PLN October, 2006
Floridas Felon Disenfranchisement Law Upheld by David Reutter Florida's Felon Disenfranchisement Law Upheld by David M. Reutter The Eleventh Circuit Court of Appeals, sitting en banc, has held that Florida's felon disenfranchisement law does not violate the Equal Protection Clause of the Fourteenth Amendment or the Voting Rights Act. Before …
Article • October 15, 2006 • from PLN October, 2006
Filed under: News, News in Brief
News in Brief: by California: On August 12, 2006, Tony Padilla, 44, a prisoner at the Federal Correctional Complex in Victorville died in a local hospital after an altercation with another prisoner. Colorado: On September 6, 2006, a federal court in Denver sentenced John Reynolds, 53, to an additional 16 …
Successor Judge Needs Compelling Reason to Reopen Prior Judges Ruling by Successor Judge Needs Compelling Reason to Reopen Prior Judge's Ruling The Seventh Circuit Court of Appeals has held that a successor judge did not have record support to reopen another judge's decision that a prisoner's suit was not barred …
Taser: The "Less Lethal" Weapon with a Fatal Attraction to Prisoners by John Dannenberg Taser: The "Less Lethal" Weapon with a Fatal Attraction to Prisoners by John E. Dannenberg Extensive medical evidence strongly supports the Taser devices will not cause lasting aftereffects or fatality. Taser International literature Tasers, fifty-thousand volt …
Board of Commissioners Clears PHS In Three Leon County (Florida) Jail Deaths by John Dannenberg by John E. Dannenberg After three jail deaths between May 2003 and October 2004, the Leon County Board of Commissioners met to consider the Sheriff's reports on the three deaths and any implications regarding the …
Article • October 15, 2006 • from PLN October, 2006
From the Editor by Paul Wright As the year comes to an end we will soon be sending out PLNs annual fundraiser letter. A PLN supporter who wishes to remain anonymous has pledged to match all donations to PLN, up to the amount of $15,000, dollar for dollar that are …
Focus on Sex Offenders Increases While Number of Sex Offenses Decline by In September, 2006 the U.S. Bureau of Justice Statistics released its annual Crime Victimization report for 2005, which indicated a dramatic drop in the number of rapes and sexual assaults nationally. The 191,670 reported incidents represent an almost …
Attempted Arrest of Federal Prison Guards in Florida Turns Deadly by Michael Rigby The events of June 21, 2006, were so outrageous they seemed impossible (except, of course, to the regular readers of Prison Legal News). That day, two people were killed and a third was wounded when a prison …
Article • October 15, 2006 • from PLN October, 2006
Panel Suggests Using Prisoners in Drug Trials by Ian Urbina An influential federal panel of medical advisers has recommended that the government loosen regulations that severely limit the testing of pharmaceuticals on prison inmates, a practice that was all but stopped three decades ago after revelations of abuse. The proposed …
Article • October 15, 2006 • from PLN October, 2006
PLNs Publication-Ban Suit Against Kansas DOC Set For Trial On Declaratory And Injunctive Relief by John Dannenberg PLNs Publication-Ban Suit Against Kansas DOC Set For Trial On Declaratory And Injunctive Relief by John E. Dannenberg Seeking to overturn restrictive bans on prisoner receipt of publications in the Kansas Department of …
Article • October 15, 2006 • from PLN October, 2006
Massachusetts Prisoner Awarded $60,000 For Electrical Shock by In March 2005, a jury in Suffolk County, Massachusetts, awarded $60,000 to a state prisoner who was shocked by a faulty light fixture in his cell. As Michael Paolillo arose from a nap to urinate in his prison cell, he placed his …
Article • October 15, 2006 • from PLN October, 2006
Delaware Law: Punishing Prisoners for Reporting Sexual Abuse by Guards by David Reutter by David M. Reutter In July 1980, the state of Delaware criminalized all sex in its prisons. Critics cry that the law requires a prisoner to be convicted even when the sex is non-consensual, preventing prisoners from …
Article • October 15, 2006 • from PLN October, 2006
Oregon Guard Gets 32 Months For Sex With Prisoner by The first guard caught in the snare of Oregons new law criminalizing sex with prisoners is a 36 year old mother of three. The judge called the case a tragedy, as he sentenced the 11-year veteran prison employee to 32 …
Article • October 15, 2006 • from PLN October, 2006
Habeas Hints by Kent A. Russell by Kent Russell This column is intended to provide 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 habeas corpus practice under AEDPA, the 1996 habeas corpus law …
Article • October 15, 2006 • from PLN October, 2006
Report on Status of Guantanamo Prisoners Released; Controversy Continues by Matthew T. Clarke In February 2006, a report on the status of 517 prisoners being held in the military prison at Guantanamo Bay, Cuba compiled by Seaton Hall law professor Mark Denbeaux, seven of his law students and attorney Joshua …
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