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Article • December 15, 2007
Intent--Not Ability--To Transmit HIV Matters in Attempted Murder Trial by On October 31, 1991, an Indiana court of appeals held that the intent of a person who was resisting police to transmit HIV determined whether he was guilty of attempted murder, not his actual ability to transmit the virus. Donald …
One-Off Offing: Why You Won't See a Disbarment Like Mike Nifong's Again by David Feige By David Feige Posted Monday, June 18, 2007, at 6:04 PM ET Now that justice has prevailed in the Duke rape case, with the nice innocent boys exonerated and the prosecutor who hounded them disbarred, …
Amended Tennessee Statute Ruled Retroactive For Denial Of Records Request by Tennessee State death row prisoner Richard Taylor's attorney, Sabin Thompson, appealed a 1991 dismissal of a petition to compel the Internal Affairs Division (IAD) of the Department of Corrections (DOC) to produce records concerning Taylor's murder conviction, The records …
Article • December 15, 2007
THE RISE OF AMERICA'S PRISON-INDUSTRIAL COMPLEX by David Ladipo David Ladipo JAN-FEB 7 2001 Bill Clinton memorably entered the White House over the body of poor, lobotomized Ricky Ray Rector, whose execution he hurried back from the inaugural ceremonies to attend in Arkansas. As he departs, the American prison population …
Article • December 15, 2007
States' Incarceration Costs Continue to Rise by Robert Woodman by Robert H. Woodman In June 2004, the Bureau of Justice Statistics (BJS) reported that from fiscal year (FY) 1986 to FY 2001, States' corrections costs rose from $65 per U.S. resident to $134 per U.S. resident. The BJS reported that …
Article • December 15, 2007
MA Man’s Blood Test from Hospital Admissible in Drunk Driving Trial by MA Man's Blood Test from Hospital Admissible in Drunk Driving Trial Michael Dube, defendant in a Massachusetts state court proceeding for drunk driving, went to the hospital after being in a car wreck. His blood alcohol level was …
Article • December 15, 2007
Discovery Request Petition Prohibited While Another Court Entertains Post conviction Proceedings by Tennessee State pro se prisoner Ronald Waller appealed the 1998 denial of his petition under the Public Records Act to obtain copies of photographs taken in connection with his conviction. The denial was affirmed because he was statutorily …
Article • December 15, 2007
California Prisoner Who Broke Already Damaged Jail Cell Door is Not Liable for Full Cost of Replacement by The California Court of Appeal, District 5, reversed a Kings County, California felony conviction of a county jail prisoner for intentionally damaging jail property worth more than $400 (Penal Code § 4600), …
Escape From TransCor Van Not a Crime in Montana by On January 11, 2006, a Montana state district court set aside two prisoners, convictions for escape and acquitted them after holding that no evidence had been presented that they were in the custody of a peace officer, a requirement for …
Article • December 15, 2007
Texas Prison Guard’s Convictions Upheld Again by Texas Prison Guard's Convictions Upheld Again The Texas Court of Criminal Appeals (CCA) upheld the conviction and sentence of a Texas prison guard for sexual assault and impersonating a police officer. This was the second time the CCA reviewed this case. In 1997, …
Article • November 15, 2007 • from PLN November, 2007
Texas Last State in Union to Get Prison Phones by Matthew Clarke by Matt Clarke On May 15, 2007, legislation took effect that brought Texas into the fold of the other 49 states that have prisoner telephones in state prisons. State Senator Letica Van de Putte filed SD 1580, authorizing …
Article • November 15, 2007 • from PLN November, 2007
Habeas Hints: Habeas Year in Review: 2007 by Kent A. Russell This column is intended to provide "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 practice under AEDPA, the 1996 …
Article • November 15, 2007 • from PLN November, 2007
Five-Year Forecast: Prison Population Will Swell 13%—Triple America’s Growth Rate by Five-Year Forecast: Prison Population Will Swell 13%?Triple America's Growth Rate The charitably funded Washington D.C.-based Public Safety Performance Project (PSPP), statistically analyzing prison population trends in all 50 states and the federal Bureau of Prisons (BOP), projected that between …
Article • November 15, 2007
An Unprecedented Crime: Mass Torture in America. And How to Stop It by Lance Tapley By: LANCE TAPLEY 11/14/2007 1:49:18 PM Editor's Note: This is an edited version of a speech given by Phoenix contributing writer Lance Tapley to a seminar at the National Lawyers Guild 70th Anniversary Convention in …
Like America, Japan Allows Guards to Walk After Prisoner Abuse Convictions by The recent convictions and sentences given to several Japanese prison guards reveals the phenomena of allowing guards to walk even when they seriously injure kill prisoners is not limited to the United States. In total, seven guards have …
March Madness in Georgia Prisons by Matthew Clarke by Matt Clarke March 2007 was an unusually bloody month in Georgia prisons, with three murders of prisoners by other prisoners and one severe beating of a mentally ill, handcuffed prisoner by guards. Since 2005 there have been five homicides in the …
Prisoners Died By the Thousands Between 2001 and 2004 by Michael Rigby by Michael Rigby Elderly prisoners are more than twice as likely to die behind bars as those who are not in prison, a report by the Bureau of Justice Statistics (BJS) on prison mortality rates reveals. White and …
Article • November 15, 2007 • from PLN November, 2007
U.S. Prison and Jail Population Continues Meteoric Rise by Michael Rigby It?s beginning to sound a bit repetitive, but the nation?s prison population continues to grow exponentially. At midyear 2006, U.S. prisons and jails held 2,245,189 persons?a 2.8% increase over the previous year, according to a Bureau of Justice Statistics …
Tenth Circuit Upholds BOP Guard’s Abuse Convictions by Tenth Circuit Upholds BOP Guard's Abuse Convictions The Tenth Circuit Court of Appeals affirmed the convictions and sentences of three former prison guards for beating prisoners at the United States Penitentiary in Florence, Colorado, (USP-Florence). As we've previously reported, in 1997, the …
Article • October 15, 2007 • from PLN October, 2007
On Appeal Texas Prisoner Acquitted of Damaging Jail Furnishing by A Texas court of appeals acquitted a Texas jail prisoner of criminal mischief charges for allegedly damaging jail furnishings because the state failed to provide any evidence of the value of the furnishings. Jaccob Aaron Merwin, a prisoner in the …
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