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Article • February 15, 2009 • from PLN February, 2009
Notwithstanding Federal Healthcare Receiver, California Prisoners Can Still Use State Habeas Corpus to Redress Medical Complaints by The California Court of Appeal, Fifth Appellate District, held that even though the California Department of Corrections and Rehabilitation (CDCR) was under the supervision of a court-appointed federal healthcare Receiver, state prisoners nonetheless …
Ohio Settles Actual Innocence Claim For $1,500,000 by Ohio and Ohio prosecuting officials settled a wrongful incarceration lawsuit by agreeing to pay $1,500,000 to a man who was imprisoned for 26 years after his conviction for a robbery and murder he did not commit. Gary James, 55, and his friend …
Article • February 15, 2009 • from PLN February, 2009
$1.5 Million Settlement in Alabama Probation Officer's Sex Scandal by $1.5 Million Settlement in Alabama Probation Officer's Sex Scandal A $1.5 million dollar settlement has been reached in a lawsuit claiming an Alabama probation officer raped a female probationer and made inappropriate sexual advances towards eleven other female probationers. The …
Utah Sex Offender Internet Registry Statute Violates First Amendment by Mark Wilson On September 25, 2008, a federal court in Utah enjoined the enforcement of an amended statute requiring the state’s 7,000 registered sex offenders to report all of their Internet identifiers, including user names, passwords and website addresses. In …
Article • February 15, 2009 • from PLN February, 2009
Wisconsin Claims Board Awards Almost $110,000 for Wrongful Rape Conviction, Attorney Fees by Wisconsin Claims Board Awards Almost $110,000 for Wrongful Rape Conviction, Attorney Fees In 1990, Anthony Hicks was convicted of raping a woman who lived in his apartment building. He was sentenced to 19 years in prison. Central …
Article • February 15, 2009 • from PLN February, 2009
Denial of Allocution Right on Supervised Release Resentencing Requires Remand by Denial of Allocution Right on Supervised Release Resentencing Requires Remand The Seventh Circuit Court of Appeals has reversed a federal prisoner’s sentence because an Illinois federal district court denied his right to allocution upon revocation of his supervised release …
Royer v. Jett, IN, Complaint and Jury Demand, Communications Management Unit, 2009 Case 2:09-cv-00025-WTL-DML Document 1 Filed 01/21/09 Page 1 of 22 PageID #: 1 UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF INDIANA Terre Haute Division RANDALL TODD ROYER, SEIFULLAH CHAPMAN, and SABRI BENKAHLA, Plaintiffs,1 B.R. JETT, PAUL …
Article • January 15, 2009
Nevada DOC Psych Hearings Not Exempt From Suit As Judicial Proceedings by Nevada State pro se prisoner Robert Stockmeier appealed the 2002 dismissal of his action against the Nevada Department of Corrections (NDOC) for statutory procedure violations. A closed hearing led to his parole denial after uncharged accusations were heard …
Article • January 15, 2009
Sex Offender Treatment Parole Condition For Non Sex Offense Convictions Upheld Under Plain Error Standard On Appeal by Bob Williams By Bob Williams The United States Court of Appeals for the Seventh Circuit has held a sentence containing a sex offender assessment and treatment recommendation for a non sex offense …
Article • January 15, 2009
Colorado Federal Probationers' Employer Notification Requirement Not Occupational Restriction Under USSG by Bob Williams By: Bob Williams Colorado federal probationers Ruian Du and Rachel Chavez appealed the denial of their individual requests for a stay of the 2005 application of Colorado's Employment Verification Policy (Policy). They claimed that it constituted …
Article • January 15, 2009 • from PLN January, 2009
Filed under: Sentencing, Parole
Texas Prisoners Pay Parole Consultants Hefty Fees by Many Texas prisoners seeking parole are paying large fees to attorneys acting as parole consultants, in an attempt to increase the likelihood of gaining release. In 2007, 22,364 Texas prisoners were paroled. About ten percent – or 2,168 – had hired one …
Article • January 15, 2009 • from PLN January, 2009
$3,540,402.22 Jury Award In California Wrongful Conviction Case by A California federal jury awarded $2 million to a man imprisoned 12 years for a rape/robbery he did not commit. The court also awarded him $1,368,834 in attorney fees, $6,500 in fees on fees, and $165,067.22 in costs (including $40,363.35 in …
Article • January 15, 2009 • from PLN January, 2009
PR Bonds Plummet in Harris County, Texas as Jail Overflows by Gary Hunter PR Bonds Plummet in Harris County, Texas as Jail Overflows by Gary Hunter Republican judges elected on promises to be tough on crime and the absence of federal oversight have been cited as two reasons why Houston, …
Article • January 15, 2009 • from PLN January, 2009
Michigan Escape is Not “Violent Felony” for ACCA Purposes by The Sixth Circuit Court of Appeals has held that a Michigan “failure to report” escape conviction was not a “violent felony” under 18 U.S.C. § 924, the Armed Career Criminals Act (ACCA). Anthony Collier was arrested by federal agents in …
Federal Prisoner Eligible For Community Placement Despite BOP Regulations by Bob Williams By: Bob Williams The United States Court of Appeals for the Tenth Circuit has invalidated Bureau of Prisons (BOP) community placement regulations as inconsistent with congressional intent. Florence (Colorado) Federal Correctional Institution Warden, Ron Wiley, appealed a 2006 …
Article • January 15, 2009
ACLU Says Federal Death Penalty Prosecutions Racially Biased by Bob Williams By: Bob Williams The American Civil Liberties Union (ACLU) alleged that racial disparities exist surrounding the implementation of the federal death penalty (FDP). They claim that United States Attorney Generals (AG) Reno, Ashcroft and Gonzales seek the FDP for …
Article • January 15, 2009
Unnecessary Delay Of Probation Revocation Proceeding Unjustified Absent Timely Warrant by United States prisoner Randall Crisler appealed the revocation of his probation for violating it's conditions. The delayed revocation was ordered after his probation expired and his supervised release was ordered terminated by the appellate court. Crisler was sentenced to …
Article • January 15, 2009
Death Sentence Substantiated By Psychologist's Court Ordered Testimony Of Confidential Statements by Arizona State prisoner Donald Beaty appealed a court's use of confidential statements in his capital punishment proceeding that he made to a psychologist. The court ruled that his statements were voluntary as was his presence in the group …
Illinois War Veteran Awarded Over $2 Million For Malicious Prosecution by Illinois resident and retired Marine Timothy Finwall brought a 42 U.S.C. § 1983 action against the City of Chicago, two of its detectives and resident Mary Boswell for illegal, unethical and malicious prosecution. He was framed in 2001 for …
California Act Requires Three Drug Abuse Violations Before Parole, Probation Revocation by California State prisoner Barry Hazle appealed his probation revocation for drug abuse violations that sent him to prison. His third revocation petition alleged violations occurring prior to his second. The court reversed the incarceration ruling. Hazle pled guilty …
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