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Article • October 5, 2014
CIA’s FOIA Response to Records on Targeted Killings by Drones Deficient by Michael Brodheim CIA’s FOIA Response to Records on Targeted Killings by Drones Deficient   by Michael Brodheim   In March 2013, the D.C. Circuit Court of Appeals held that the Central Intelligence Agency (C.I.A.) could not respond to …
Article • October 5, 2014
Filed under: Sentencing, Parole
Due Process Requires Hearing before Return to Parole in Mistaken Release by David Reutter Due Process Requires Hearing before Return to Parole in Mistaken Release   by David M. Reutter   The Sixth Circuit Court of Appeals has upheld the grant of qualified immunity to defendants who returned a man …
Release of Tethering Records Settles North Carolina Public Record Suit by Release of Tethering Records Settles North Carolina Public Record Suit   North Carolina prison officials agreed to give a prisoner segregation tethering records to settle his public record law violation suit.   The North Carolina Department of Corrections (NCDOC) …
Article • October 5, 2014
Iowa Parole Search Condition is Not Search Consent; Warrantless Search Violated Iowa Constitution by Mark Wilson Iowa Parole Search Condition is Not Search Consent; Warrantless Search Violated Iowa Constitution   by Mark Wilson   The Iowa Supreme Court held that a warrantless search of a parolee’s home violated the Iowa …
Article • October 5, 2014
Filed under: Money/Property
California: Court Has No Authority to Order Return of Funds Erroneously Disbursed to Creditor Pursuant to Writ of Execution by Michael Brodheim California: Court Has No Authority to Order Return of Funds Erroneously Disbursed to Creditor Pursuant to Writ of Execution   by Michael Brodheim   In May 2013, the …
Article • October 5, 2014
Florida Public Defender May File Systematic Motions to Withdraw Due to Case Overload by David Reutter Florida Public Defender May File Systematic Motions to Withdraw Due to Case Overload   by David Reutter   The Florida Supreme Court has held that aggregate/systematic motions to withdraw by the Public Defender’s office …
Washington Supreme Court Holds Victim Impact Statements and Special Sex Offender Sentencing Alternative Evaluations May Be Disclosed by Washington Supreme Court Holds Victim Impact Statements and Special Sex Offender Sentencing Alternative Evaluations May Be Disclosed   On September 27, 2012, the Supreme Court of Washington held that Victim Impact Statements …
Article • October 5, 2014
Filed under: Good Time, Pardons/Clemency
Iowa Governor’s Sentence Commutation Changes Good Time Rate by Iowa Governor’s Sentence Commutation Changes Good Time Rate   The Iowa Supreme Court has held that a governor’s commutation of sentence has a legal effect of changing the rate a prisoner may accumulate earned time from the date of commutation forward, …
Article • October 5, 2014
Compliance with Court Order Cannot Support Dismissal of Lack of Prosecution by Compliance with Court Order Cannot Support Dismissal of Lack of Prosecution   The Nebraska Supreme Court has reversed the dismissal of a prisoner’s civil action for lack of prosecution. In doing so, the court held the district court …
Fourth Circuit Rules Maryland’s Non-Adoption of SORNA No Excuse for Non-Registration by Derek Gilna Fourth Circuit Rules Maryland’s Non-Adoption of SORNA No Excuse for Non-Registration   by Derek Gilna   Unfortunately for Brian Lee Gould, a convicted sex offender, the 4th Circuit has upheld his new conviction for non-registration under …
Article • October 5, 2014
Filed under: Mandamus, International
Prisoner Wins Mandamus Case to Compel Colorado DOC to Consider Transfer Application by Derek Gilna Prisoner Wins Mandamus Case to Compel Colorado DOC to Consider Transfer Application   by Derek Gilna   Colorado state court prisoner Robert D. Gandy, proceeding Pro Se, has won his appeal of a lower-court dismissal …
Article • October 5, 2014
Filed under: Work Release, Sentencing
Pennsylvania Court Rules BOP Has Authority to Grant 6-months Halfway House by Derek Gilna Pennsylvania Court Rules BOP Has Authority to Grant 6-months Halfway House   by Derek Gilna   Normally, courts are hesitant to even consider cases involving the federal Bureau of Prisons (BOP) designating people to halfway houses, …
Kentucky Prisoner’s First and Fifth Amendment Case Reinstated by Sixth Circuit by Derek Gilna Kentucky Prisoner’s First and Fifth Amendment Case Reinstated by Sixth Circuit   by Derek Gilna   Federal prisoner David Wayne Baker filed a “Bivins” suit against his warden and other prison mail clerks for violations of …
Article • October 5, 2014
Filed under: Appeals, Sentencing
Fifth Circuit Holds Law Settled During Appeal May Be Used As Clear Error by Fifth Circuit Holds Law Settled During Appeal May Be Used As Clear Error   The Fifth Circuit Court of Appeals held that law that becomes settled while an appeal is pending may be used as a …
Article • October 5, 2014
Filed under: Expert Witnesses, HIPAA
Arizona District Court Strikes Defense Expert in Prisoner’s 8th Amendment Case by Derek Gilna Arizona District Court Strikes Defense Expert in Prisoner’s 8th Amendment Case   by Derek Gilna   Plaintiff Shannon Michael Clark alleged in his federal complaint that the Arizona Department of Corrections (ADOC), had violated his 8th …
Article • October 5, 2014
Filed under: Restitution
Restitution for Oregon Police Overtime Not Recoverable by Restitution for Oregon Police Overtime Not Recoverable   The Oregon Court of Appeals reversed a restitution order requiring payment of $7,808.34 in overtime pay to officers assigned to guard a hospitalized defendant.   Jeffrey E. Kuehner was arrested on sex offense, kidnapping …
Article • October 5, 2014
Filed under: Victims, State Legislation
Oregon Defense Investigator under No Duty to Reveal Identity to Victim by Oregon Defense Investigator under No Duty to Reveal Identity to Victim   The Oregon Court of Appeals reversed the revocation of a private investigator's license for failing to tell a crime victim that he worked for a criminal …
Article • October 5, 2014
Filed under: Police Misconduct
Oklahoma Supreme Court Upholds Sheriffs Removal from Office by Oklahoma Supreme Court Upholds Sheriffs Removal from Office   The Oklahoma Supreme Court upheld a Sheriff’s removal from office for willful misconduct, holding that the State was not required to pursue all alleged acts to justify removal. The Court also held …
No KORA Violation without Change of Residence by No KORA Violation without Change of Residence   The Kansas Supreme Court held that a sex offender did not violate the state's 10-day reporting requirement by failing to report while traveling.   Under the Kansas Offender Registration Act (KORA), sex offenders must …
Article • October 5, 2014
Ninth Circuit Says Absolute Immunity Protects Extradition Decisions by Ninth Circuit Says Absolute Immunity Protects Extradition Decisions   The Ninth Circuit Court of Appeals held that the decision not to extradite a criminal defendant is intimately associated with the criminal phase of the judicial process. Therefore, state officials participating in …
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