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$50,000 Settlement in Suit Alleging CCA Counsel Falsified Court Documents by The District of Columbia paid $50,000 to settle a lawsuit by prisoner George Carter that claimed Corrections Corporation of America (CCA) counsel falsified court orders in his habeas corpus proceeding. While at D.C.’s Central Treatment Facility (CTF) Carter was, …
Article • March 15, 2011
Violation of Washington SSOSA Need Not be Willful by The En Banc Washington state Supreme Court affirmed a lower court’s revocation of a sex offender’s suspended sentence under Washington’s Special Sex Offender Sentencing Alternative (SSOSA). In 2000, David Elvin McCormick was convicted of raping his 11-year-old developmentally disabled granddaughter. The …
Article • March 15, 2011
Washington Pays $46,500 for 246 Day Wrongful Imprisonment by The State of Washington paid a former prisoner $46,500.00 to settle a tort claim, alleging 246 days of wrongful imprisonment. Rand Kelson pleaded guilty to assault and was sentenced to 84 months in a Washington prison. The sentence should have begun …
Article • March 15, 2011
Filed under: Sentencing
8th Circuit Upholds 60 Month Sentence for Marijuana, Tobacco found on Federal Prisoner. by The U.S. Court of Appeals for the Eighth Circuit has affirmed a 60 month sentence for a federal prisoner caught smuggling tobacco and marijuana through visiting. Tony Ray Ferguson was indicted under 8U.S.C. §1791 (a)(z) for …
Article • March 15, 2011
Elderly Home Detention Program Eligibility Determined Based on Sentence Imposed Without Good Time by In determining eligibility for the Elderly Offender Home Detention Pilot Program (EOHDPP), the Bureau of Prisons (BOP) may not consider a prisoner’s earned good time in calculating whether a prison has served enough time to enter …
Georgia Sex Offender Registration Act Unconstitutionally Vague As Applied to Homeless Offenders Without a Route or Street Address by Georgia’s sex offender registration law is unconstitutionally vague as applied to homeless sex offenders, the Supreme Court of Georgia decided October 27, 2008. William Santos was charged with violating Georgia’s sex …
Brief • March 11, 2011
Cate v. Pirtle, US, Reply to Briefs in Opposition, Parole Conditions, 2011 03/15/2011 09:18 5099490119 GROSSMAN LAW OFFICES PAGE 01/00 No. 10-868 Jit the i_tpreine Timid nit the thittril tubas MATTHEW CATE, ET AL, Petitioners, V, JOHN PIRTLE, ET AL., Respondents. CERTIFICATE OF SERVICE BY MAIL 1, Jennifer A. Neill, …
Brief • March 4, 2011
Graham v. City of Tallahassee, FL, Motion to Strike Expert, False Arrest & Imprisonment, 2011 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA TALLAHASSEE DIVISION ANTHONY D. GRAHAM, JR., Case No. 4:11-cv-213-RS-WCS Plaintiff, vs. CITY OF TALLAHASSEE, et al., Defendants. MOTION TO STRIKE EXPERT COMES NOW …
New York City Pays $9.9 Million to Settle Wrongful Conviction Suit by The City of New York will pay $9.9 million to a man who was wrongfully accused, arrested, convicted and imprisoned as the result of actions by disgraced former New York City police detective Louis J. Eppolito, who is …
Article • February 15, 2011 • from PLN February, 2011
Habeas Hints: The Year in Review by Kent A. Russell by Kent Russell, Blaire Russell & Chandra 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 habeas corpus under …
California Wrongful Conviction Lawsuit Settled for $7.95 Million by A long-running lawsuit against the City of Long Beach, California for Thomas Goldstein’s wrongful murder conviction was settled in June 2010 for $7.95 million. After serving 24 years in prison following his 1980 conviction, Goldstein was finally released based on new …
Article • February 15, 2011 • from PLN February, 2011
Fifth Circuit Holds Texas Parole Revocation Witness Denial Violated Due Process by The Fifth Circuit court of appeals held that the Texas Board of Pardons and Paroles (BPP) failed to comport with the due process requirements of Morrissey v. Brewer, 408 U.S. 471, 92 S.Ct. 2593, 33 L.Ed.2d 484 (1972), …
Article • February 15, 2011 • from PLN February, 2011
The Habeas Citebook: lneffective Assistance of Counsel, by Brandon Sample, Prison Legal News Publishing, 2010, pp.212 $49.95 by Mumia Abu-Jamal Reviewed by Mumia Abu Jamal Law books aren’t easy to review. That’s because they are unlike other books, as they are really collections of what others—courts—have written, and are thus …
Article • February 15, 2011 • from PLN February, 2011
Texas Pays for Geriatric Prisoners, Rarely Grants Medical Parole by Matthew Clarke by Matt Clarke In the Texas Department of Criminal Justice (TDCJ), geriatric prisoners – those over 55 years old – comprise only 7.3% of TDCJ’s population. However, they account for almost one-third of the prison system’s medical expenses. …
Brief • February 11, 2011
USA v. Odom, DC, Mot for Post-Conviction DNA Test, Wrongful Conviction Rape, 2011 SUPERIOR COURT FOR THE DISTRICT OF COLUMB 1A. Criminal Division — Felony Division UNITED STATES OF AMERICA v. Criminal No. F-2473-81 (CLOSED) KIRK L. ODOM MOTION FOR POST-CONVICTION DNA TESTING UNDER THE INNOCENCE PROTECTION ACT Kirk L. …
Brief • January 20, 2011
Barnes v. District of Columbia, DC, 3rd Amended Complaint, Jail Strip Search and Late Releases, 2011 Case 1:06-cv-00315-RCL Document 329 Filed 01/20/11 Page 1 of 41 Case 1:06-cv-00315-RCL Document 329 Filed 01/20/11 Page 2 of 41 Case 1:06-cv-00315-RCL Document 329 Filed 01/20/11 Page 3 of 41 Case 1:06-cv-00315-RCL Document 329 …
Brief • January 20, 2011
Barnes v. District of Columbia, Second Amended Complaint, Strip Searches & Overdetention Class Action, 2011 Case 1:06-cv-00315-RCL Document 329 Filed 01/20/11 Page 1 of 41 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA CARL A. BARNES DC Jail 1903 E Street, SE Washington, DC 20021 DCDC 278-872, ) ) …
Medical Examiners Lack Qualifications, Competence, Oversight by Matthew Clarke by Matt Clarke Most people will only have direct contact with a medical examiner, also known as a forensic pathologist, after they are dead. Thus, medical examiners have a certain mystic quality and are perceived as both doctors and sleuths who …
Article • January 15, 2011 • from PLN January, 2011
$16 Million Award Upheld in Wrongful Conviction Resulting from Undisclosed Evidence and Relationship by The Eighth Circuit Court of Appeals has affirmed a $16 million jury verdict in a civil rights action that alleged a police detective had violated the due process rights of a defendant convicted of child molestation …
Article • January 15, 2011 • from PLN January, 2011
Political Patronage Scandal Rocks Massachusetts Probation Department by Derek Gilna A May 2010 investigative report in the Boston Globe took the Massachusetts Probation Department to task for bypassing qualified candidates for available job positions, instead employing at least 250 friends, relatives and financial backers of politicians and top court officials. …
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