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Article • August 15, 2008
No Right to Have Evidence Preserved or Wrongdoers Prosecuted by At 81: ". . . [T]here is no federal right to have criminal wrongdoers prosecuted. See Leeke v. Timmerman, 454 U.S. 83, 87 (1981)...." The failure to preserve evidence of an alleged use of force did not violate the right …
Article • August 15, 2008
Federal Forfeiture Law Application Reversed by Harold and Kathleen von Hofe, both Connecticut state prison guards, were arrested after sixty-five marijuana plants were discovered in their basement. Harold pled guilty to manufacturing a controlled substance, a felony, and Kathleen pled guilty to misdemeanor possession of the same. The federal government …
Article • August 15, 2008
Federal Prisoner’s 28 U.S.C. § 2255 Action for Ineffective Assistance of Counsel Denied by Michael J. Scott, a federal prisoner, was serving time for drug convictions arising in 1998. He encouraged a third person to cooperate with the government in another case and filed a motion for a sentence reduction …
Fifth Circuit Upholds Convictions of Three INS Officers by The Fifth Circuit has upheld the convictions and sentences of three Immigration and Naturalization Service (INS) deportation officers for excessive use of force and deliberate indifference to the serious medical needs of a prisoner. Richard Gonzales, Louis Gomez and Carlos Reyna …
Article • August 15, 2008
Filed under: Crime/Demographics, Crime
Capitalism and Incarceration Revisited by Richard D. Vogel “Capitalism and Incarceration.” written by the author and published in Monthly Review twenty years ago (March 1983), analyzed the relationship between the capitalist economy and the prison system in America and came to an indisputable conclusion: The overall trends and year-by-year correspondence …
Article • August 15, 2008
Prison Tuberculosis Cases Far Exceed Non-Prison Cases by The number of Tuberculosis (TB) cases in prison far outpaced the general population between 1993 and 2003, according to a study published in the American Journal of Public Health. While TB rates in the general population remained fewer than 10 cases per …
Article • August 15, 2008
U.S. Prison Population Tops 2.1 Million by by: Michael Rigby Even if you're not in prison today, you could be tomorrow. With more than 2.1 million people in prison or jail at midyear 2004--a 2.3% increase over the previous year--the odds of imprisonment were frighteningly good, a recent Bureau of …
Article • August 15, 2008
Delaware Sex Offender Acquitted on School Loitering Conviction; Probation Violation Upheld by Delaware registered sex offender William Dahl appealed a 2006 conviction for loitering within 500 feet of a school; as a result of the conviction he had received a 20-year sentence. Because the shopping mall located dance academy that …
Article • August 15, 2008
Guard Aided Escape Results in Murder, Rape and Texas Federal Prisoner's Death Sentence by Federal prisoner Sherman Fields filed a direct appeal of his convictions and death sentence for murder and rape following his armed escape from the privately-operated McClennan County Detention Center (MCDC) in Waco, Texas. His convictions and …
Article • August 15, 2008
Out of Court Statements Refuting Testimony, Not Proclaiming Guilt or Innocence, Admissible by Delaware state prisoner Jamil Edwards appealed his convictions for first degree murder and possession of a firearm during the commission of a felony. He claimed judicial abuse of discretion for disallowing refuting testimony. His convictions were overturned. …
Article • August 15, 2008
Jail Phone Wiretapping Exempt from California Invasion of Privacy Act, FCA by California state prisoner David Windham appealed the refusal of a court to suppress jail telephone recordings used in obtaining his conviction. The appellate court affirmed the judgment due to statutory allowances, and because Windham’s consent was implied as …
Article • August 15, 2008
Washington State Prisoner Gets Life for Fight Resulting in Broken Nose by Washington State prisoner Charles Weber appealed his 2005 conviction for second degree assault resulting in a sentence of life without the possibility of parole. Although his attorney admitted to providing ineffective assistance, the court affirmed the judgment. Weber …
Prosecutorial Misconduct Claims Properly Brought as Post-Conviction Motion if Timely by Tennessee state prisoner Darrell Wentzel filed a pro se motion for review of his convictions after they were affirmed on direct appeal. His 2001 "motion for extraordinary relief" was treated as a post-conviction petition, and dismissed as statutorily time …
Arkansas Trooper Mistakes Mentally Disabled Man for Fugitive and Kills Him; Deceased's Family Paid $1 Million by Former Arkansas State Trooper Larry Norman pled guilty to a charge of misdemeanor negligent homicide after killing mentally disabled Joseph Erin Hamley. Norman had mistaken Hamley, 21, for an escaped fugitive, and shot …
California Sex Offender Registration not Constructive Custody for Habeas Purposes by David Stier, a physician and California state sex offender registrant, pled guilty to taking indecent liberties with a child in North Carolina in 2000. After Stier moved to California he completed a two-year probationary period ordered by the North …
Federal Prison Guard's Drug Smuggling and Sexual Activities Warrant 46 Month Sentence by Former federal prison guard Celeste Akers appealed her sentence after smuggling drugs into a Bureau of Prisons facility in Forest City, Arkansas. The judgment was affirmed. Akers’ federal employment lasted from 2001 to 2005. A 2004 Department …
Oregon DOC Food Manager Takes Over $1 Million in Bribes, Feeds Prisoners “Distressed” Food by Mark Wilson During a 2002 interview, Oregon Department of Corrections (ODOC) Food Services Administrator Farhad “Fred” Monem, 49, shook his head in disgust as he criticized government employees who feel a sense of entitlement. “People …
Article • August 15, 2008 • from PLN August, 2008
Los Angeles County Pays $40,000 Damages to Assaulted Prisoner Informant Witness by The County of Los Angeles, California paid $40,000 to a prisoner who was badly beaten in the county jail upon returning from court, by friends of the defendant he had just testified against in a murder trial. In …
Article • August 15, 2008 • from PLN August, 2008
C O R R E C T I O N by Since PLN began publishing in 1990, we have never had to make a retraction based on our own factual mistake. While we’ve run corrections before, they were based on errors in the original news articles or reports that were …
Mississippi Jail Prisoner Wins $3,000,000 in Failure to Protect Suit by The Hinds County Board of Supervisors (Board) agreed to settle a three-million-dollar federal lawsuit filed by a former prisoner in the Hinds County Jail after he was left paralyzed by a beating at the hands of other prisoners in …
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