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San Francisco Settles Wrongful Incarceration Cases for $7.5 Million by Michael Brodheim Nearly six years after his release from prison, Antoine Goff received a measure of belated justice – a $2.9 million settlement for almost 13 years of wrongful incarceration. Goff and his co-plaintiff, John “J.J.” Tennison, had filed complaints …
Article • July 15, 2010
Washington DOC Agrees to Pay $2,300 to Man Kept Beyond Release Date by On January 25, 2008, the Washington Department of Corrections (DOC) agreed to pay $2,300 to a man who was detained beyond his release date. Cecil Dudgeon was supposed to be released on May 13, 2005; however, he …
Article • July 15, 2010
Federal Prisoners Must Exhaust Before Bringing Habeas Claims Surrounding Halfway House Placement by Federal prisoners challenging the Bureau of Prisons’ (BOP) implementation of the Second Chance Act must exhaust their administrative remedies before bringing suit, the U.S. Court of Appeals for the Tenth Circuit decided February 17, 2010. After the …
Secret Justice: Criminal Informants and America’s Underground Legal System by Alexandra Natapoff I. Introduction Although it is almost invisible to the public, the use of criminal informants is everywhere in the U.S. justice system. From street corners to jails to courthouses to prisons, every year the government negotiates thousands of …
Dozens of CIA “Ghost” Detainees Unaccounted For by Matthew Clarke by Matt Clarke A U.S. Dept. of Justice memo, released in April 2009, indicated the CIA had 94 people in secret prisons scattered around the world as of mid-2005, and the agency had “employed enhanced techniques to varying degrees in …
ACLU Report Applauds Michigan’s Efforts to Reduce Prison Population by David Reutter by David M. Reutter A November 2009 report by Elizabeth Alexander, Director of the National Prison Project of the ACLU, explores the history and effects of over-incarceration in Michigan and how the state has managed to reduce its …
Article • June 15, 2010 • from PLN June, 2010
Habeas Hints: Certificate of Appealability by Kent A. Russell by Kent Russell This column is intended to provide “habeas hints” to prisoners who are considering or handling habeas corpus peti-tions as their own attorneys (“in pro per”). The focus of the column is habeas corpus practice under AEDPA, the 1996 …
Article • June 15, 2010 • from PLN June, 2010
50,000 Illinois Felons Released Without DNA Collection by Approximately 50,000 felons have been released from Illinois prisons and discharged from probation supervision without having their DNA collected, state officials acknowledged in September 2009. Illinois law requires all felons sentenced on or after August 22, 2002 to provide a DNA sample. …
Article • June 15, 2010 • from PLN June, 2010
Georgia’s Privatized Probation System Traps the Poor by David Reutter by David M. Reutter As the prison industrial complex has continued to grow, critics of privatization have adamantly warned that it would lead to financial incentives for for-profit companies to keep people ensnared in the criminal justice system. The privatized …
Article • June 15, 2010 • from PLN June, 2010
Ninth Circuit: California Lifers Have No Inherent U.S. Constitutional Right to Parole by John Dannenberg by John E. Dannenberg In a major loss for California lifers, the Ninth Circuit U.S. Court of Appeals, in an en banc ruling, held that a second-degree murderer who had served 27 years on a …
Article • June 15, 2010 • from PLN June, 2010
No Liberty Interest Under Utah Parole Scheme by The Tenth Circuit Court of Appeals held that a Utah prisoner had failed to state cognizable due process and equal protection challenges to Utah’s parole scheme. In 1993, Robert Straley was convicted of sex crimes against a child and sentenced to two …
Florida Prisoner Exonerated by DNA After Serving 35 Years by David Reutter by David M. Reutter After 35 years of proclaiming his innocence for the kidnapping and rape of a 9-year-old boy, James Bain, 54, was finally proven innocent and released from a Florida prison on December 17, 2009. Of …
Ninth Circuit Holds Prosecutors Immune for Parole Recommendations by Mark Wilson The Ninth Circuit Court of Appeals has held that prosecutors are absolutely immune for making parole recom-mendations. Liza Brown shot her husband to death and entered into an oral plea agreement. “During the plea colloquy, the prosecutor stated that, …
Bashimam v. City of Tallahassee, FL, Amended Complaint for Damages, Police Violation of 4th Amendment Rights, 2010 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA TALLAHASSEE DIVISION ESTATE of NABEL BASHIMAM by CASE NO. 4:10-CV-343-RH/WCS DENISE BASHIMAM, Personal Representative, and ISAM BASHIMAM and DENISE BASHIMAM, SURVIVORS; …
Bashimam v. City of Tallahassee, FL, Second Amended Complaint, Police Violation of 4th Amendment Rights, 2010 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA TALLAHASSEE DIVISION DENISE BASHIMAM, as Personal Representative of the ESTATE of NABEL BASHIMAM and on behalf of ISAM BASHIMAM and DENISE BASHIMAM, …
Judge Slams Bureau for Inmate's Solitary Lockup, Daily Business Review, 2010 JUSTICE WATCH John Pacenti JUDGE SLAMS BUREAU FOR INMATE'S SOLITARY LOCKUP N icole Defontes pulled her life back together in dramatic fashion after serving 41/2 years in federal prison for participating in a cocaine deal with her then-boyfriend. But …
Political Uproar Follows NC Court Ruling that Life Sentence is 80 Years by David Reutter by David M. Reutter A political brouhaha arose in October 2009 in the wake of a North Carolina appellate court decision which held that a “life sentence is as an 80-year sentence for all purposes.” …
Article • May 15, 2010 • from PLN May, 2010
Mississippi Earned Time Policy Violates Ex Post Facto Clause by Mississippi’s Court of Appeals has remanded for an evidentiary hearing a claim that a law prohibiting prisoners who are convicted of sale or transfer of a controlled substance from eligibility for earned-time allowance is an ex post facto law as …
Article • May 15, 2010 • from PLN May, 2010
Are Debtors’ Prisons Making a Comeback in Indiana? by Justin Miller Concerns are growing that small claims courts in Indiana may be taking actions that amount to the return of debtors’ prisons, sparking national debate on the issue. This has occurred despite objections from the state’s Court of Appeals as …
Article • May 15, 2010 • from PLN May, 2010
Kentucky Supreme Court: Retroactive Application of Sex Offender Residency Restrictions Unconstitutional by On October 1, 2009, the Kentucky Supreme Court held that retroactive application of sex offender residency restrictions violated prohibitions against ex post facto laws in the U.S. and Kentucky constitutions. In 1995, Michael Baker pleaded guilty to third-degree …
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