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Controversy Over Texas Attorneys Charging Questionable Fees in Wrongful Conviction Cases by Matthew Clarke by Matt Clarke On September 17, 2009, Steven Charles Phillips, a former Texas prisoner who spent 24 years in prison on a rape charge before being exonerated in 2008, filed suit in Dallas County district court …
Texas Youth Commission Pays $625,000 to Settle Abuse Suit by Gary Hunter To settle a federal lawsuit, the Texas Youth Commission (TYC) agreed to pay $625,000 in damages to four youths who were grossly abused by the states’ corrupt juvenile justice system. The largest payout of $345,000 went to plaintiff …
Article • August 15, 2010 • from PLN August, 2010
$145,000 Settlement by New York City After Holding Immigration Detainee Beyond 48 Hours by David Reutter by David M. Reutter A $145,000 settlement by the New York City Department of Corrections (DOC) provides a new twist in the area of immigration law. The main allegation in the complaint was that …
$3.5 Million Settlement to Former New York Prisoner Convicted Due to Perjured Testimony by The City of New York has paid $3.5 million to settle a lawsuit brought by an innocent man who spent 12 years in prison after being wrongfully convicted of attempted murder. The conviction was obtained by …
Article • August 15, 2010 • from PLN August, 2010
Kentucky Law Retroactively Applied to Award Street Credit by The Kentucky Supreme Court has held that a law that applies “street credit” to released prisoners effectively suspends existing statutory law that specifies time spent on parole does not count towards a prisoner’s maximum sentence. The Court accepted transfer of appeals …
Article • August 15, 2010 • from PLN August, 2010
California Prisoner Wins Option of Kosher Meals Until Halal Meals Can be Provided by The Marin County Superior Court ordered San Quentin prison officials to provide Keith Allen Lewis, a Muslim prisoner, with access to Jewish kosher meals until he could be provided with the Halal meals prescribed by his …
Washington DOC Pays $3,275,000 to Family of Deputy Killed by Former Prisoner by In September 2009, the Washington Department of Corrections (DOC) agreed to settle a wrongful death suit filed by the family of a King County deputy who was murdered by a recently-released prisoner. On December 2, 2006, while …
Article • August 15, 2010 • from PLN August, 2010
U.S. State Prison Population Declines for First Time in a Decade by Justin Miller Recent advance data from the Bureau of Justice Statistics (BJS) indicates that not only has the rate of people entering the U.S. prison system declined in the past year, but the state prison population actually dropped …
Article • August 15, 2010 • from PLN August, 2010
North Carolina Innocence Commission Verifies Wrongful Conviction by Matthew Clarke by Matt Clarke After examining hundreds of cases, the North Carolina Innocence Inquiry Commission has verified its first claim of innocence – which resulted in both controversy and stinging criticism from prosecutors. In 2006, North Carolina became the first state …
Prosecutorial Misconduct Case Pending Before Supreme Court Settles for $12 Million by Brandon Sample On January 4, 2010, the U.S. Supreme Court side-stepped resolving an important case that would have likely exposed prosecutors to greater liability when they engage in prosecutorial misconduct. The case, Pottawamie County v. McGhee and Harrington, …
SORNA Challenges Produce Mixed Results; Supreme Court Weighs In by Brandon Sample Over the past several years a split has developed between the federal courts of appeal over the scope and constitutionality of the Sex Offender Registration and Notification Act (SORNA), a component of the federal Adam Walsh Child Protection …
Brief • August 12, 2010
Bozella v. The County of Dutchess, NY, Amended Complaint, Wrongful Conviction, 2010 Case 7:10-cv-04917-CS Document 21 Filed 08/12/10 Page 1 of 34 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK -------------------------------------------------------------------------]{ DEWEY R. BOZELLA, Plaintiff, ANSWER Civil Action No.: 10-CV-4917 (CS) -against- THE COUNTY OF DUTCHESS; THE CITY OF …
Brief • July 29, 2010
Benkahla v. Federal Bureau of Prisons, IN, Order Dismissed, Wrongful CMU Confinement, 2010 Case 2:09-cv-00025-WTL-DML Document 67 Filed 07/29/10 Page 1 of 2 PageID #: 452 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA TERRE HAUTE DIVISION SABRI BENKAHLA, ) Plaintiff, v. ) FEDERAL BUREAU OF PRISONS, Defendant. ) ) …
Tankleff v. New York, NY, Complaint, Wrongful Conviction, 2010 STATE OF NEW YORK: COURT OF CLAIMS -------------------------------------------------------------){ MARTIN TANKLEFF, VERIFIED CLAIM FOR DAMAGES -against- RECEIVED THE STATE OF NEW YORK. -------------------------------------------------------------){ To the Clerk of the Court of Claims: To the Attomey General of the State of New York: 'JUL …
Celebrity Justice: Prison Lifestyles of the Rich and Famous by Matthew Clarke by Matt Clarke There are two criminal justice systems in the United States. One is for people with wealth, fame or influence who can afford to hire top-notch attorneys and public relations firms, who make campaign contributions to …
Article • July 15, 2010 • from PLN July, 2010
Marsy’s Law Enjoined in California by Michael Brodheim On February 4, 2010, in a class-action suit brought under 42 U.S.C. § 1983 by eight plaintiffs seeking to represent a class of California state prisoners serving life sentences with possibility of parole, U.S. District Court Judge Lawrence K. Karlton issued two …
Article • July 15, 2010 • from PLN July, 2010
Erroneously Released Texas Prisoner Entitled to Credit on Sentence by Matthew Clarke by Matt Clarke On February 4, 2009, the Texas Court of Criminal Appeals held that a state prisoner who had been erroneously released through no fault of his own, and who had not violated any of the conditions …
Article • July 15, 2010 • from PLN July, 2010
Filed under: Sentencing, Immigration
Oregon Offers Early Release to Illegal Immigrants Who Consent to Deportation by Michael Brodheim Seeking to cut costs in the face of a recession that has forced many states to reconsider their criminal justice priorities, Oregon officials have signed a memorandum of understanding with the U.S. Department of Homeland Security’s …
Article • July 15, 2010 • from PLN July, 2010
Release Conditions Requiring Defendant to Tell Probation Officer about Romantic Relationships Vacated by On January 7, 2010, the U.S. Court of Appeals for the Second Circuit vacated a condition of supervised release that required a federal defendant to notify probation officials each time he entered into a “significant romantic relationship.” …
Article • July 15, 2010 • from PLN July, 2010
DNA Exonerations in Georgia Result in Disparate Compensation Awards by David Reutter by David M. Reutter The disparity in compensation awards for prisoners exonerated by DNA evidence in Georgia demonstrates the need for evenhanded compensation laws. Five wrongly convicted prisoners, Clarence Harrison, Robert Clark, Douglas Echols, Samuel Scott and Willie …
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