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GPS Used to Track Sex Offenders in Washington State by Matthew Clarke by Matt Clarke Like firefighters and airline pilots, the ten Washington Department of Corrections community correction officers (CCOs) assigned to monitor high-risk sex offenders in King County via Global Positioning System (GPS) hope for a really boring day …
Article • December 15, 2009 • from PLN December, 2009
Rape Victim and Family of Exonerated Man Who Died in Prison Become Activists by Matthew Clarke by Matt Clarke Tim Cole achieved widespread recognition when he was exonerated 24 years after his arrest for the rape of a university student in Amarillo, Texas. Another man confessed to the crime and …
Article • December 15, 2009 • from PLN December, 2009
Judges: Umpires They Are Not by Brandon Sample U.S. Supreme Court Chief Justice John G. Roberts famously said during his confirmation hearing that judges are like umpires, each calling balls and strikes as they come. But is that really a fair comparison? “Batters” like Kevin Phelps and other prisoners who …
Massachusetts Man’s Estate Resolves Wrongful Conviction Suit for $14.1 Million by David Reutter In July 2009, the estate of a man who served over 18 years in Massachusetts prisons for a murder and robbery he did not commit reached a $3.4 million settlement with 5 of the 6 insurers for …
Article • December 15, 2009
District Court Orders California Prisoner Released Following Parole Denial by On July 7, 2009, a U.S. Magistrate Judge in California issued a favorable recommendation in response to a prisoner's petition for writ of habeas corpus. The petition was filed pursuant to 28 U.S.C. § 2254 by David Velasquez after the …
Article • December 15, 2009
Nexus Between Offense and Current Dangerousness Finding Required for California Parole Denial by On June 30, 2009, a California appellate court modified then affirmed a superior court order granting habeas corpus relief to Marin Haro. Haro filed the petition in 2008 challenging California's Board of Parole Hearings' (Board) decision finding …
Article • December 15, 2009
Out of State Detainer Does not Prevent Civil Commitment of Sex Offender Scheduled for Release by In an opinion filed June 23, 2009, the Ninth Circuit affirmed a lower court's conclusion to allow the civil commitment of a prisoner in Washington who was about to be released to a detainer …
Brief • December 1, 2009
Lago v. City of New York, NY, Preliminary Statement, false arrest imprisonment police sexual assault, 2009 Case 1:09-cv-09863-LAK Document 1 Filed 12/01/2009 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK --------------------------------------------------------------X IRIS LAGO, ) ) Plaintiff, ) ) -against) ) THE CITY OF NEW YORK; NEW YORK CITY ) …
Article • November 15, 2009
Vengeance Meets Recidivism by Jimmie Franks By Jimmy Franks As vote-hungry politicians and vengeance-minded citizens continue to make it increasingly difficult for parolees to successfully reintegrate into society, prison recidivism remains a problem of epic proportions. Viewed objectively, the correlation between these two phenomena is readily apparent, although no one …
$250,000 Awarded to Former New York Prisoner Wrongly Convicted by Falsified Evidence by David Reutter by David M. Reutter A New York Court of Claims has awarded $250,000 to a former prisoner based on her claims of malicious prosecution and negligent supervision, after finding a State Police investigator had fabricated …
Article • November 15, 2009 • from PLN November, 2009
Justice Reinvestment Initiative Eliminates Texas Prison Overcrowding by Matthew Clarke by Matt Clarke Despite a massive prison-building program in the 1990s, in 2007 the Texas legislature had to deal with an overcrowded prison system. Some lawmakers proposed including $523 million in the biennial budget for prison construction. Surprisingly, the legislature …
Article • November 15, 2009 • from PLN November, 2009
$21 Million Jury Award for Illinois Wrongful Conviction by David Reutter by David M. Reutter In June 2009, an Illinois federal jury awarded $21 million to a former prisoner who served 11-1/2 years for a murder he didn’t commit. The basis of the claim was that Chicago police detective Reynaldo …
Article • November 15, 2009 • from PLN November, 2009
California Budget Cuts Lead to Closure of Two Parolee Residential Centers by In a questionable effort to save money, the State of California has closed two parolee residential centers in Los Angeles and returned the 74 non-violent offenders housed at those facilities back to prison. Scott Kernan, undersecretary of the …
Article • November 15, 2009 • from PLN November, 2009
Filed under: Sentencing, Parole
Terms of Parole Injunction Supersede Conflicting Provisions of California Voter Initiative by Michael Brodheim In the latest chapter of a 15-year-old class-action lawsuit, a U.S. District Court held that the passage of Proposition 9 by California voters on November 4, 2008 could not override a stipulated permanent injunction entered four …
Article • November 15, 2009 • from PLN November, 2009
Indiana DOC Directive Limiting Educational Credit to Only One Associate’s Degree Violates Ex Post Facto Clause by Brandon Sample A directive issued by the Indiana Department of Corrections (IDOC) that limits the award of educational sentence credit to only one Associate’s Degree cannot be applied retroactively without running afoul of …
Article • November 15, 2009 • from PLN November, 2009
Illinois Governor’s Failure to Act on Clemency Petitions Not Actionable by Brandon Sample In March 2008, U.S. District Judge Joan B. Gottschal held that persons seeking executive clemency in Illinois have a protected liberty interest in having their petitions decided within a reasonable time by the governor. However, that ruling …
Compensation for Wrongful Texas Conviction Not Barred by Prior Suit, Not Assignable by On June 8, 2007, the Texas Supreme Court held that compensation for wrongful imprisonment under Chapter 103, Texas Civil Practice and Remedies Code (CP&RC), was not barred by a previous lawsuit and settlement. However, such compensation was …
Article • October 15, 2009
$110,000 Award for Florida Man Falsely Arrested for Child Molestation by A Florida jury awarded a man $10,000 for being falsely arrested on a child molestation charge. Following the verdict, the trial court awarded the man an additional $100,000. The plaintiff lived next to a 5-year-old girl. In 2005, the …
Article • October 15, 2009 • from PLN October, 2009
Fifth Circuit: Special Parole Review Request Doesn’t Toll AEDPA Limitations by The Fifth Circuit Court of Appeals held that improperly-filed state habeas corpus applications and requests to the parole board for special review do not toll the one-year AEDPA limitations period established by 28 U.S.C. § 2244(d). Barry Michael Wion, …
Article • October 15, 2009 • from PLN October, 2009
“Habeas Hints” by Kent A. Russell by Kent Russell This column provides “habeas hints” to prisoners who are considering or handling habeas corpus petitions as their own attorneys (“in pro per”). The focus of the column is on habeas corpus under AEDPA, the 1996 habeas corpus law which now governs …
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