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Brief • October 27, 2010
Fields v. City of Chicago, IL, Amended Complaint, Wrongful Conviction, 2010 Case: 1:10-cv-01168 Document #: 105 Filed: 10/27/10 Page 1 of 37 PageID #:646 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION NATHSON E. FIELDS, Plaintiff, ) ) ) v. ) ) CITY OF CHICAGO; ) COUNTY OF …
Texas Controversy: Governor Guts Forensic Science Commission by Matthew Clarke by Matt Clarke Texas Governor Rick Perry caused considerable controversy on Sept. 30, 2009 when he replaced three members of the Texas Forensic Science Commission, just two days before the commission’s hearing on a report that an innocent man may …
Article • September 15, 2010 • from PLN September, 2010
Texas Judge Sharon “Killer” Keller Receives Sanctions by by Matt Clarke On January 20, 2010, San Antonio judge David A. Berchelmann, Jr., acting as a special master for the Texas State Commission on Judicial Conduct, issued findings of fact in a disciplinary complaint against Sharon Keller, the presiding judge of …
Article • August 15, 2010 • from PLN August, 2010
U.S. Department of Justice Releases 2008 Capital Punishment Statistics by Matthew Clarke by Matt Clarke In December 2009, the Bureau of Justice Statistics (BJS) of the U.S. Department of Justice released statistical data on capital punishment in the United States for 2008. The report was later revised to include preliminary …
Article • August 15, 2010 • from PLN August, 2010
Physician Assisted in Botched Execution Attempt in Ohio by Matthew Clarke by Matt Clarke On September 5, 2009, guards at the Southern Ohio Correctional Facility in Lucasville prepared for an onerous task – executing state prisoner Romell Broom. They tried for two hours to find a usable vein in which …
Article • July 15, 2010 • from PLN July, 2010
The Politics of Death: Throwing Mumia Abu-Jamal Under the Bus by Dave Lindorff “I would unite with anybody to do right and with nobody to do wrong.” – Frederick Douglass On the evening of February 25, 2010, participants at the Fourth World Congress Against the Death Penalty in Geneva, Switzerland …
Kentucky Lethal Injection Protocol Adopted in Violation of APA by Brandon Sample The lethal injection protocol adopted by the Kentucky Department of Correction (DOC) was promulgated in violation of the state’s Administrative Procedure Act (APA), the Kentucky Supreme Court decided on November 25, 2009. Kentucky, like most other states that …
Article • May 15, 2010 • from PLN May, 2010
Cost of Capital Punishment Comes Under Increased Scrutiny in a Struggling Economy by Justin Miller A new report released by the Death Penalty Information Center (DPIC) challenges the economic feasibility and sensibility of states maintaining the death penalty amid the nation’s current economic downturn. The report, entitled Smart on Crime: …
Arkansas Supreme Court Upholds Changes to Death Penalty Procedures by Frank Williams, Jr., an Arkansas Death Row prisoner, filed a complaint for declaratory judgment in state circuit court, alleging that the Arkansas Department of Corrections (DOC) administrative directive (AD) 08-28 setting forth execution procedures was adopted in violation of the …
Partial Summary Judgment Granted To PLN in FOIA Case against EOUSA by Brandon Sample On September 16, 2009, U.S. District Judge Marcia S. Krieger granted in part and denied in part a motion for summary judgment by Prison Legal News (PLN) in a Freedom of Information Act (FOIA) case wherein …
China Taking Steps to Reduce Number of Executions by In July, 2009, Zhang Jun, vice president of China’s Supreme People’s Court, said that China was taking steps to reduce the number of executions. Despite the televising of many executions as a form of public intimidation, the absolute number of executions …
Article • January 15, 2010
No Appeal In Section 2255 Proceeding Until Defendant Is Resentenced by Federal courts of appeal lack jurisdiction to entertain appeals from the grant or denial of relief under 28 U.S.C. § 2255 until proceedings in the district court have been finalized, the U.S. Court of Appeals for the Third Circuit …
4,000 Kenyan Death Sentences Commuted to Life by Matthew Clarke by Matt Clarke On August 3, 2009, Kenyan President Mwai Kibaki announced that he had commuted the death sentences of all 4,000 prisoners on Kenya’s death row to life in prison. Explaining his rationale for this action, Kibaki said an …
Article • November 15, 2009 • from PLN November, 2009
North Carolina Courts, Legislature Take Steps to Resume Executions by Michael Brodheim The North Carolina judiciary and legislature have both taken steps to clear the way to resume executions, which have remained dormant in the state for the past three years. On May 1, 2009, a split North Carolina Supreme …
Article • November 15, 2009 • from PLN November, 2009
California’s Lethal Injection Protocol Invalidated for Failure to Comply with APA by Michael Brodheim Sustaining a legal challenge filed by prisoners Michael A. Morales and Mitchell Sims, both on death row, the California Court of Appeal has held that the state’s lethal injection protocol, contained in San Quentin’s Operational Procedure …
Article • October 15, 2009
Delaware Prisoners May Sue Over Secure Housing Placement Pending Sentencing by The Third Circuit U.S. Court of Appeals held that three Delaware prisoners who were awaiting trial/sentencing could sue the state for having allegedly improperly housed them in a restrictive Security Housing Unit (SHU). David Stevenson and Michael Manley had …
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 …
Shouldn’t Innocence Matter? by David C Fathi By David Fathi On August 17, the US Supreme Court ordered a lower federal court in Georgia to conduct a hearing in the case of Troy Anthony Davis. Davis has been on Georgia’s death row for 18 years, sentenced to death for the …
Article • September 15, 2009
Statute of Limitations Applicable in Method of Execution Actions by On November 24, 2008, the Fifth Circuit U.S. Court of Appeals affirmed a district court's grant of summary judgment to the defendants in a § 1983 action brought by Mississippi death-row prisoners Alan Walker, Paul Woodward and Gerald Holland (Plaintiffs). …
Article • September 15, 2009
Probation Revocation Documents not Testimonial Under Sixth Amendment by Following his December, 2006 conviction for capital murder, which resulted in a death sentence, Juan Ramon Meza Segundo filed a direct appeal listing 19 points of error, each of which were rejected on October 29, 2008, affirming his conviction and sentence. …
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