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Article • March 15, 2011 • from PLN March, 2011
U.S. Supreme Court: No Federal Habeas Relief for California Lifer Parole Denials by John Dannenberg by John E. Dannenberg In a unanimous per curiam opinion, the U.S. Supreme Court (USSC) summarily reversed rulings by the Ninth Circuit Court of Appeals in two California parole cases in which the Ninth Circuit …
Article • March 15, 2011 • from PLN March, 2011
Massachusetts: Wrongful Conviction Suit Settled for $3.25 Million by The City of Boston has agreed to pay $3.25 million to settle a lawsuit filed by a man who was wrongfully convicted and imprisoned for 18 years for a series of rapes he did not commit. Ulysses Charles was convicted in …
Article • March 15, 2011
$150,000 Settlement in Strip Search Suit by Jail’s Juvenile Visitors by The District of Columbia paid $150,000 to settle the lawsuit of Marcus Bradley, a minor, for injuries sustained from false arrest. While attending school at W. Bruce Evans Middle School on May 17, 2001, Bradley, along with eleven other …
$150,000 Settlement Paid in D.C. Minor’s False Arrest Lawsuit by The District of Columbia (D.C.) paid $150,000 to settle the lawsuit of Steven A. Douglass, a minor, for false arrest and imprisonment while his school class was on a “field trip” to the D.C. Jail. On April 9, 2001 Douglass, …
Article • March 15, 2011
$19,500 Settlement in D.C. Student’s False Arrest, Imprisonment Lawsuit from Jail Visit by The District of Columbia paid $19,500 to settle the lawsuit of minor Carolyn Clark for false arrest and imprisonment. On April 9, 2001, W. Bruce Evans Middle School took several female children, ages 13 to 15, on …
$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. …
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