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Article • October 15, 2009 • from PLN October, 2009
District Court Erred in Sua Sponte Dismissal of Prisoner’s Challenge to Conditions of Confinement by The U.S. Court of Appeals for the Second Circuit reversed a district court’s sua sponte dismissal of a prisoner’s challenge to his conditions of confinement. Sala-Thiel Thompson, a federal prisoner, filed a habeas petition under …
Article • October 15, 2009 • from PLN October, 2009
Florida Gain Time Law Application Violates Ex Post Facto Clause by Florida’s First District Court of Appeal has held that application of a 1983 gain time statute to a prisoner who committed his offense in 1981 violated the ex post facto clause. Before the appellate court was a petition for …
Article • October 15, 2009 • from PLN October, 2009
Ninth Circuit: Refusal to Allow Cross-Examination of Lab Technician Violates Due Process by Brandon Sample The U.S. Court of Appeals for the Ninth Circuit held it was a violation of due process for a district court to deny a criminal defendant the right to cross-examine a lab technician who tested …
Sixth Circuit: Dismissal of Due Process and Equal Protection Claims Upheld; Exhaustion of Administrative Remedies Issue Remanded by The Sixth Circuit of Appeals has affirmed a district court’s dismissal of a prisoner’s due process and equal protection claims, but reversed the dismissal of Eighth Amendment claims based on failure to …
Article • October 15, 2009 • from PLN October, 2009
Texas Parole Board’s Hearing on Imposition of Sex Offender Conditions Inadequate by Matthew Clarke by Matt Clarke On March 24, 2009, a U.S. District Court ruled that hearings held by the Texas parole board before imposing sex offender parole conditions on prisoners not convicted of sex offenses were constitutionally inadequate. …
Article • October 15, 2009 • from PLN October, 2009
Florida: For Sentence Calculation Purposes, Civil Commitment Detention Same as Jail Confinement by Florida’s Fourth District Court of Appeal has held that there is no meaningful distinction between incarceration in prison or jail and confinement in a sex offender civil commitment facility for the purposes of sentence calculation. The Court’s …
Article • October 15, 2009 • from PLN October, 2009
Filed under: Reviews, Sentencing, Parole
Audit Finds California Parolees Sometimes Slip Through Bureaucratic Cracks by At the request of the legislature, the Bureau of State Audits examined the adult parole discharge practices of the California Department of Corrections and Rehabilitation and found that parolees, even those regarded as violent or serious offenders, occasionally slip through …
Article • October 15, 2009 • from PLN October, 2009
Clerk Erred in Refusing to File Unsigned 28 U.S.C. § 2255 Motion by Clerk Erred in Refusing to File Unsigned 28 U.S.C. § 2255 Motion The U.S. Court of Appeals for the Eleventh Circuit held that it was error for a district court clerk to refuse to file an unsigned …
Article • October 15, 2009 • from PLN October, 2009
Injunction Against Missouri Sex Offender Halloween Restrictions Issued, Then Vacated by Matthew Clarke by Matt Clarke A Missouri federal judge issued an injunction against enforcement of a new Missouri law imposing Halloween-related restrictions on registered sex offenders. However, the Eighth Circuit Court of Appeals lifted the injunction on October 30, …
Evidence Found During Search of Prisoner’s Home While on Home Detention Not Subject to Suppression by On May 22, 2008, the U.S. Court of Appeals for the Sixth Circuit affirmed the denial of a motion to suppress evidence found during the search of a prisoner’s home while he was on …
Article • October 15, 2009
Nevada Prisoners Can Not Use State’s Open Meeting Law to Circumvent Psych Review by The Nevada Supreme Court has held that a life-sentenced prisoner cannot sue the state’s Psychological Review Panel (Panel) for damages under the Open Meeting Law due to the Panel’s denial of a psychological clearance needed to …
Article • October 15, 2009
North Carolina: Positive Urinalysis Alone Doesn’t Sustain Marijuana Possession Charge by In a case of first impression, the North Carolina Supreme Court held on June 28, 2007, that a positive urinalysis alone was insufficient to uphold a probationer’s conviction for possession of marijuana. On August 21, 2004, defendant Darian Jaquan …
Gell v. Town of Aulander, NC, Settlement, Malicious Prosecution Wrongful Conviction, 2009 IN THE UNITED STATES DISTRICT COURT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA CAROLINA DIVISION NORTHERN DIVISION 2:05-CV-21-FL(1) CASE NO.: 2:05-CV-21-FL(1) JAMES ALAN GELL, Plaintiff, v. ) ) ) ) ) TOWN OF AULANDER, AULANDER ) POLICE …
Brief • September 17, 2009
Filed under: Overdetention
Waters v Town of Ayer, MA, Memo and Order, overdetention, 2009 Case 1:04-cv-10521-GAO Document 248 Filed 09/17/2009 Page 1 of 5 UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS CIVIL ACTION NO. 04-10521-GAO BETTY ANNE WATERS, as Administratrix of the Estate of KENNETH WATERS, Plaintiff, v. TOWN OF AYER, NANCY TAYLOR-HARRIS, …
Article • September 15, 2009 • from PLN September, 2009
From the Editor by Paul Wright The cover story this month, on the nuts and bolts of winning a prisoner rights case is by Alphonse Gerhardstein, one of the top civil rights lawyers in the country. His invaluable advice applies equally to pro se prisoner litigants as it does to …
Article • September 15, 2009 • from PLN September, 2009
Innocent Georgia Man Receives $500,000 as Compensation for Rape Conviction by The State of Georgia paid $500,000 to a man who spent 28 years in prison for a rape he did not commit. John Jerome White was arrested in 1979 after an elderly woman identified him during a police line …
Why False Imprisonment Recoveries Should Not Be Taxable by Robert Wood by Robert W. Wood1 Claims for false imprisonment may be brought in various ways under federal or state law. An individual who has been wrongfully incarcerated may sue under 42 U.S.C. Section 1983 for a violation of his constitutional …
Texas’ Parole Condition X Violates Due Process by Gary Hunter Texas’ parole Condition X has come under scrutiny in a federal court case. On December 12, 2008, a U.S. magistrate judge issued a 30-page order granting partial summary judgment in favor of parolee David Brian Jennings, after concluding that the …
Fifth Circuit Upholds $14 Million Award Against Louisiana DA’s Office in Wrongful Conviction Suit; Affirmed by En Banc Ruling by Matthew Clarke by Matt Clarke On December 19, 2008, the Fifth Circuit Court of Appeals upheld a federal jury award of $14 million in a case involving the wrongful conviction …
Article • September 15, 2009 • from PLN September, 2009
Working in Legal Field Not Prohibited While on Federal Supervised Release by Federal probation officers cannot restrict persons on supervised release from working as legal assistants, the U.S. Court of Appeals for the Eleventh Circuit held on April 8, 2009. Yraida L. Guanipa, convicted of attempted possession with intent to …
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