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Pennsylvania County Jail System Overcrowded, Under-Regulated by David Reutter by David M. Reutter Almost everyone with experience on the incarceration side of America's criminal justice system will tell you they would rather do time in prison than in a jail. The primary reason is that the overall conditions of confinement …
Article • December 15, 2007
Prisoners' Record Requests Enforceable Under U.S. Constitution and N.Y. Law by Erie County, New York, District Attorney Frank Clark appealed a State Supreme Court ruling granting prisoner Daryl Hillard disclosure of documents regarding his prosecution. The court affirmed the disclosure. Clark refused to produce the documents arguing that a prisoner's …
Article • December 15, 2007
In Forma Pauperis Status Does Not Waive Copying Fees When Requesting Records by Pro se Georgia State prisoner Embery McBride petitioned the Appellate Court to review a 1990 court ruling granting the Columbus, Georgia, police chief's (Chief) motion dismissing his action for the deliberate denial of documents. The court ruled …
Arizona Jail Sex Results in Charges for Guards, Prisoner by David Reutter by David M. Reutter Sexual relationships involving guards and prisoners in Arizona jails have resulted in criminal charges on both sides of the bars. An investigation at the Yuma County Jail snared three guards and four female prisoners. …
Article • December 15, 2007 • from PLN December, 2007
Former Florida Prison Officials Sentenced to Federal Prison by David Reutter by David M. Reutter Former Florida Department of Corrections (FDOC) Secretary James Crosby and his protégé, Allen Clark, have been sentenced to federal prison terms for accepting kickbacks from profits generated from prison visiting park canteens. PLN has previously …
Bail Bond Businesses Getting Black Eye in Texas, California by Gary Hunter It's common knowledge that outside the federal Bureau of Prisons, California and Texas have the largest prison systems in the U.S. So it should come as no surprise that bail bonds are big business in both states. But …
Article • December 15, 2007 • from PLN December, 2007
Wisconsin Felon Convicted of Voter Fraud for Voting by The Seventh Circuit Court of Appeals has affirmed the conviction of a convicted felon for voter fraud. During the 2004 election cycle, Kimberly Prude was serving a term of supervised release for a forgery conviction in Wisconsin. Under Wisconsin law, Prude …
Article • December 15, 2007 • from PLN December, 2007
Texas GEO Prison Squalor Drives Idaho Prisoner to Suicide by Matthew Clarke by Matt Clarke Seven months after arriving at the Dickens County Correctional Center (DCCC), a private prison in Spur, Texas operated by the GEO Group, Idaho state prisoner Scot Noble Payne, 43, was dead by his own hand. …
Public, Private Prison Escapes in Ohio by Gary Hunter On May 11, 2006, Ohio state prisoner Marrion P. Smith was shot in the head by prison guard Gary Myers during a foiled escape attempt. Smith had been transported from the Mansfield Correctional Institution to the Ohio State University Medical Center, …
Article • December 15, 2007
Pregnant Woman’s Ingestion of Cocaine Not Delivery to Her Baby in Texas by Pregnant Woman's Ingestion of Cocaine Not Delivery to Her Baby in Texas by Matthew T. Clarke On February 14, 2007, the Texas Court of Criminal Appeals (CCA) held that a pregnant woman who ingested cocaine did not …
South Carolina Litigation Act Does Not Apply to Post-conviction Proceedings by South Carolina state prisoner Stacy Wade pled guilty to various drug charges. Without filing a direct appeal, he filed for post conviction relief (PCR) for allegedly being coerced into the plea bargain. Wade's testimony of coercion at his PCR …
Warrantless Arrest Warrants Prompt Probable Cause Hearing, Abused Innocent Detainee Prevails by Mistakenly accused Chicago resident Joseph Lopez was arrested with probable cause after a witness identified him in a shooting that killed a 12 year old boy. After the actual murderer confessed, Lopez filed suit for constitutional violations. The …
Article • December 15, 2007
Federal Prisoner Receives Maximum 46 Month Sentence For Knife Possession by Federal prisoner Randolph Charles appealed a 2006 decision based on then-mandatory guidelines under 18 U.S.C. § 1791. He received a maximum 46-month sentence for possession of a six-inch makeshift plastic knife. The U.S. Court of Appeals for the Third …
Document's Exemption From Production Under Act Dependant On Pending Charges Outcome by Georgia State prisoner Byron Parker petitioned for review of a 1986 court ruling denying him access to files for his potential post-conviction relief. A pending rape charge statutorily determined denial. The denial was reversed for a lack of …
Georgia Death Row Prisoner Not Afforded Evidence To Litigate Case by Georgia death row prisoner Ellis Felker appealed by way of mandamus a 1996 court ruling that the Houston County District Attorney (DA) complied with the production of records under the Open Records Act (Act). Additional materials were discovered last …
Article • December 15, 2007
Adherence To Administrative Procedure And Prepayment Required When Requesting Records' Production by Alabama State pro se prisoner Robert Gill petitioned for the review of a 2000 appellate order denying him production of materials concerning his conviction. Denial was affirmed for failure to follow administrative procedure. Gill requested grand jury information …
Article • December 15, 2007
Claims Previously Litigated, Not Directly Appealed, Raised At Trial Barred For Habeas by Georgia State prisoner Jimmy Meders sought review of a 1992 habeas court's partial denial of claims for relief from his 1987 death sentence. Warden Schofield appealed the same court's grant to Meders for ineffective assistance of counsel …
Article • December 15, 2007
Using Jail Phones After Verbal and Posted Warnings of Recording Implies Consent by California detainee David Windham appealed a decision holding that recordings of jail-placed phone conversations were lawful and could be used for conviction purposes. Windham asked his girlfriend for money while shopping. She refused and he followed her …
Article • December 15, 2007
Texas Prisoners Not Entitled To Records Request Under 2004 Act by Texas State prisoner Michael Cox appealed a 2006 Lubbock, Texas, court order denying his request for records concerning his 1992 conviction. The court interpreted his request as an attempt to appeal his case over a decade late and affirmed …
Article • December 15, 2007
Nondisclosure Of Prosecutor's Investigative Notes Reversed, Remanded For Inspection To Determine Merit by New York State pro se prisoner Hector Chebere appealed a 2002 court order denying the production of notes containing a witness statement made prior to his conviction. The court reversed and remanded for an in camera inspection …
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