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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 …
Article • October 5, 2014
Nevada Juveniles Not Prisoners for Prisoner Battery Statute by Nevada Juveniles Not Prisoners for Prisoner Battery Statute   The Nevada Supreme Court held that a juvenile detained for delinquency in a state facility is not a prisoner for purposes of Nevada's felony battery-by-a-prisoner statute.   "Javier C., was adjudicated delinquent …
SORNA Does Not Violate Ex Post Facto Clause, 11th Circuit Rules by SORNA Does Not Violate Ex Post Facto Clause, 11th Circuit Rules   The federal Sex Offender Registration and Notification Act (SORNA) is a civil and non-punitive regulatory scheme that does not violate the Ex Post Facto Clause, the …
Article • October 5, 2014
Texas Supreme Court Rules on Which Experts Qualify for Civil Commitment Trial by Matthew Clarke Texas Supreme Court Rules on Which Experts Qualify for Civil Commitment Trial   by Matt Clarke   On August 31, 2012, the Supreme Court of Texas held that an expert who testifies in a civil …
Article • October 5, 2014
Ninth Circuit: Subjective Unawareness Insufficient to Excuse Non-Exhaustion by Ninth Circuit: Subjective Unawareness Insufficient to Excuse Non-Exhaustion   The Ninth Circuit Court of Appeals held that subjective unawareness of a grievance procedure does not render the administrative remedy "unavailable" under the Prison Litigation Reform Act (PLRA). The prisoner must prove, …
Article • October 5, 2014
Los Angeles County Settles Wrongful Death for $150,000 by Los Angeles County Settles Wrongful Death for $150,000   The Los Angeles County Claims Board (LACCB) agreed to pay $150,000 to settle a lawsuit claiming wrongful death of a prisoner.   Pamela Wimberley, a diabetic, was a prisoner at the Twin …
Article • October 5, 2014
Los Angeles County Settles in Sexual Harassment/Assault Case by Los Angeles County Settles in Sexual Harassment/Assault Case   In August 2012, Los Angeles County settled with Plaintiff Sylvia Wilson for $375,000.00 less $122,915.00 in attorney fees and costs. Plaintiff alleged sexual harassment and assault in May 2010 while a participant …
Article • October 5, 2014
Filed under: Police
Los Angeles County Settles in Officer Traffic Accident by Los Angeles County Settles in Officer Traffic Accident   The County of Los Angeles settled in May 2012 for $525,000 with Plaintiff Arthur Lerille, Jr., in a Los Angeles County Superior Court, a claim alleging negligent driving on the part of …
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