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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. …
Article • January 15, 2011 • from PLN January, 2011
California: Harsh Sentencing Laws and Health Care Costs Strain Corrections Budget by In May 2010, responding to a legislative request for information related to the impact of correctional operations on California’s budget, State Auditor Elaine Howle submitted a report subtitled “Inmates Sentenced Under the Three Strikes Law and a Small …
Article • January 15, 2011 • from PLN January, 2011
California: Validity of Parole Board’s Psych Evaluation Procedures for Lifers Questioned by Michael Brodheim The process by which California’s Board of Parole Hearings (BPH) administers psychological evaluations to parole-eligible prisoners serving life sentences has been questioned by the state Senate and also was the subject of a recent ruling by …
Fourth Circuit Vacates Pornography Restriction on Federal Defendant by The U.S. Court of Appeals for the Fourth Circuit has vacated a set of supervised release conditions that prohibited a defendant from possessing pornography, entering places where pornography could be obtained, having contact with children and requiring that the defendant undergo …
Article • January 15, 2011 • from PLN January, 2011
Filed under: Sentencing, Good Time
California Supreme Court Clarifies Application of Presentence Good-Conduct Credit Statute by In an opinion of technical value, but little if any benefit to anyone (including the defendant in the case), the California Supreme Court held that a defendant need spend only four days in presentence confinement -- not six days, …
Article • January 15, 2011 • from PLN January, 2011
Speedy Sentencing Procedure Applies to Probation Revocations, California Supreme Court Holds by California prisoners facing revocation of probation must be sentenced within 90 days after making a request under Penal Code 1381 or the probation revocation proceeding must be dismissed, the Supreme Court of California decided March 9, 2009. David …
Article • January 15, 2011 • from PLN January, 2011
California Governor Orders Corrections Officials to Retain Parole Files Indefinitely by The killing of a 17-year-old girl by a sex offender whose parole records had been destroyed resulted in a minor political frenzy in California. The Associated Press requested the parole records of John Albert Gardner III, who was charged …
Article • January 15, 2011 • from PLN January, 2011
Washington Supreme Court Holds No Liberty Interest in Sex Offender Release to Community Custody by The Washington Department of Corrections (DOC) may lawfully deny sexually violent predators early release to the community, the Supreme Court of Washington decided August 20, 2009. In so holding, the court concluded that RCW 9.94A.728(2) …
The Graying of America’s Prisons by James Ridgeway Frank Soffen, now 70 years old, has lived more than half his life in prison, and will likely die there. Sentenced to life for second-degree murder, Soffen has suffered four heart attacks and is confined to a wheelchair. He has lately been …
Article • December 15, 2010 • from PLN December, 2010
Three Top Illinois DOC Officials Sacked; Director Resigns by On March 11, 2010, the administration of Illinois Governor Pat Quinn announced the firing of three top Illinois Department of Corrections (DOC) officials who were close to DOC director Michael Randle. “As of today, executive assistant to the director Sergio Molina, …
Article • December 15, 2010 • from PLN December, 2010
California: 15% Work Credit Limitation Based on Stayed Violent Convictions Applies to Non-Violent Controlling Offense by John Dannenberg The California Court of Appeal, Third District, ruled in April 2008 that when a prisoner receives multiple convictions arising from a single act, some of which qualify as “non-violent” while others qualify …
Article • December 15, 2010 • from PLN December, 2010
Filed under: Sentencing
U.S. Supreme Court Holds Eighth Amendment Prohibits Life Without Parole for Juveniles Not Convicted of Homicide by Brandon Sample The Eighth Amendment’s Cruel and Unusual Punishments Clause bars juveniles from receiving life without parole for nonhomicide crimes, the U.S. Supreme Court decided May 17, 2010. Terrance Graham received probation for …
Article • December 15, 2010 • from PLN December, 2010
U.S. Prison Population Declines in Second Half of 2009 by In June 2010, the Bureau of Justice Statistics of the U.S. Department of Justice released year-end prisoner counts for state and federal prisons in 2009. The counts reported 1,613,656 prisoners in state and federal prisons, up 0.2% from year-end 2008. …
Brief • November 19, 2010
Galarza v. Szalczyk, PA, Complaint, ICE Detention US Citizen, 2010 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA ERNESTO GALARZA, CIVIL ACTION Plaintiff, No. 10-_ _ _ __ v. MARK SZALCZYK, STEPHANIE FRITZGES, ICE DOES 1-5, ALLENTOWN DOES 6-10, LEHIGH COUNTY DOES 11-15, individually and in …
Article • November 15, 2010 • from PLN November, 2010
Oregon: Prosecutors, Victims Kill Money-Saving Increased Sentence Reduction Law by Mark Wilson In a controversial move touted as saving Oregon an estimated $6 million, in June 2009 the state legislature passed a bill that increased earned time sentence reductions for non-violent offenders by an additional 10 percent. Just seven months …
Child Porn Investigations May Snare the Innocent by Michael Rigby by Mike Rigby A new threat looms in the Internet age – the threat of improper prosecutions and wrongful convictions for the unwitting receipt, possession or attempted possession of child pornography. Everyone is at risk, as these offenses can be …
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