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Article • April 15, 2013
Two Women Sue for Oregon Guard's Sexual Abuse by Two women have brought suit against Marion County, Oregon, alleging that they were sexually abused for more than a year by a guard of Marion County Work Release Center. As we've previously reported, on December 8, 2011, the Marion County Sheriff's …
Article • April 15, 2013
Oregon Cop Guilty of Federal Child Porn Charge; State Charges Still Pending by A Portland, Oregon police officer who was responsible for registering sex offenders pleaded guilty to a federal charge of receiving child pornography and still faces trial on several state sex crimes. Scott E. Elliott, 50, was a …
Article • April 15, 2013
Former OK Guard Sentenced to 21 Months in Federal Prison by In January 2009, former Oklahoma guard Jarrod Yates was sentenced to 21 months in federal prison for punching, kneeing, and stomping an arrestee on his head and face, causing serious injuries, in violation of the arrestee’s civil rights. The …
Article • April 15, 2013
Filed under: Sentencing, Habeas Corpus
Denial of Washington Misdemeanor Electronic Monitoring Credit Upheld by The Washington State Court of Appeals held that refusing to grant misdemeanor offenders credit for electronic home monitoring, while granting such credit to felons does not deprive misdemeanants of equal protection or due process of law. The court also held that …
Article • April 15, 2013
Dismissal of §1983 Challenge to Alabama's Lethal Injection Procedure Reversed by Dismissal of §1983 Challenge to Alabama's Lethal Injection Procedure Reversed On March 21, 2012, the 11th Circuit Court of Appeals reversed and remanded with instructions a death row's prisoner's lethal injection procedure claim. Alabama State prisoner Thomas D. Arthur, …
Article • April 15, 2013
Eighth Circuit Court Considers Prison Religious Practices Suit by The United States Court of Appeals for the Eighth Circuit in May 2012 per curiam affirmed the finding for the state in the Eastern District Court of Arkansas in which a Religious Land Use and Institutionalized Persons Act (RLUIPA) suit was …
Article • April 15, 2013
Eighth Circuit Vacates District Court Commitment Order Issued Without a Hearing by The U.S. Court of Appeals for the Eighth Circuit has granted the interlocutory appeal of Fred Neal, Jr., attacking the district court's discretion to order a commitment to conduct a competency evaluation, on Due Process grounds. It, ruled …
Article • April 15, 2013
Georgia Prison Disturbance Linked to Contraband Cell Phones by In the wake of a disturbance which left twelve people injured at Hancock State Prison, Georgia prison officials are suggesting that prisoners used cell phones to plan and coordinate the uprising. On November 25, 2011, while prisoners in one area of …
Article • April 15, 2013
Filed under: Sentencing, Parole
California Court of Appeals Affirms Grant of Parole by The Fourth District Court of Appeals for the State of California affirmed in May 2012 the grant of a writ of habeas corpus filed by prisoner William Jon Pugh contesting the governor’s reversal of a grant of parole. Pugh was convicted …
Article • April 15, 2013
California Prison Officials Ordered to Provide Prisoners with Copies of their Administrative Appeals by In January 2008, the Fresno County Superior Court ordered Pleasant Valley State Prison (PVSP) officials to provide PVSP prisoners with photocopies of their administrative appeals at all levels of review. The order covered the administrative appeals …
Article • April 15, 2013
City Council Candidate Pays Juvenile Program for Campaign Work by A Virginia juvenile prison teacher agreed to pay the state for the services of youths in creating advertising materials for his city council campaign following scrutiny of his campaign contribution report. Virginia officials looked to restrict Virginia’s Youth Industries job-training …
Article • April 15, 2013
Filed under: Organizing, Hunger Strikes
Connecticut Supreme Court Holds for DOC to End Hunger Strike by The Supreme Court of the State of Connecticut affirmed in March 2012 the judgment of trial court granting permanent injunction to the Commissioner of Correction authorizing her to cause to be force-fed a prisoner who initiated a hunger strike …
Article • April 15, 2013
Court Upholds Guilty Plea Although Defendant Wasn't Advised of Adam Walsh Impact by Derek Gilna Mark Allen Youngs pleaded guilty to child pornography offenses, and as part of the sentencing process was advised by the district court of his various rights under Rule 11, but was not advised of possible …
Article • April 15, 2013
DC District Court Denies Motion to Compel Production Request on Fees by Derek Gilna On December 18, 2007 the United States District Court for the District of Columbia has refused a request by the District of Columbia and others, in a consolidated civil action brought before it, to compel production …
Article • April 15, 2013
Florida Supreme Court Affirms Prisoner’s Death Sentence by The Supreme Court of Florida affirmed in February 2012 the circuit court’s denial of post-conviction relief in the death sentence of William Van Poyck. Appellant Van Poyck filed in 2007 a motion alleging his non-triggerman status as being of sufficient weight to …
Cook County Jail Agrees to Improvements by Brandon Sample It took a federal lawsuit by the United States Department of Justice to get Cook County to finally agree to remedy decades of inadequate conditions at its infamous Cook County Jail (CCJ). The sweeping deal between Cook County and the Justice …
Pre-SORNA Offenders Not Required to Register Until Attorney General’s Regulations Issued by Brandon Sample On March 13, 2009, the U.S. Court of Appeals for the Fourth Circuit joined in a growing circuit split over the applicability of the Sex Offender Registration and Notification Act (SORNA) to offenders who failed to …
Article • April 15, 2013
Filed under: Mental Health
Oregon Schizophrenic Gets 7.5 Years for Stabbing Guard by A schizophrenic Oregon criminal defendant was sentenced to seven and a half years in prison for stabbing a jail guard in the face with a pencil. On August 7, 2011, Washington County Jail (WCJ) guard Adam Slater, then 27, was working …
Pennsylvania Supreme Court Reinstates Homeless Man's Failure-to-Register Conviction by In 1998, William Howard Wilgus was convicted of aggravated indecent assault. Because he was a sexually violent predator, he was required to register under the Megan's Law 42 Pa. C.S. § 9795.1 (6) (4). His five years to life imprisonment sentence …
Article • April 15, 2013
Pennsylvania Supreme Court Upholds Right-to-Know Law on Public Records by On May 29, 2012, Pennsylvania Supreme Court upheld the Right-to-Know Law (RTKL), which generally provides access to public records of a Commonwealth or local agency. Gretchen Wintermantel, a reporter for the Scranton Times Tribune, used the RTKL to have access …
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