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Article • January 15, 2009
Connecticut Police, City Liable For Withholding, Doctoring Evidence In False Arrest by Connecticut resident Christopher Russo appealed the dismissal of his 42 U.S.C. § 1983 action after being falsely arrested and imprisoned for over seven months. He was acquitted after police were forced to present exculpatory evidence. The ruling was …
Use of Questionable “Lie Detectors" by Law Enforcement Expands Nationwide by Matthew Clarke Use of Questionable “Lie Detectors” by Law Enforcement Expands Nationwide by Matt Clarke In the aftermath of the Sept. 11, 2001 terrorist attacks, law enforcement and other government agencies implemented new practices to obtain information from suspects …
Article • December 15, 2008 • from PLN December, 2008
Filed under: Sentencing, Habeas Corpus
“Habeas Hints” by Kent A. Russell by Kent 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 habeas corpus …
Article • December 15, 2008 • from PLN December, 2008
Exonerated Florida Prisoner Receives $2.2 Million; Second Lawsuit Still Pending by Exonerated Florida Prisoner Receives $2.2 Million; Second Lawsuit Still Pending The City of Miami has agreed to pay $2.2 million to a mentally ill man who served 22 years in prison for a rape and multiple murders he did …
Article • December 15, 2008 • from PLN December, 2008
Exonerated Florida Man Receives $1.25 Million by Exonerated Florida Man Receives $1.25 Million Florida Gov. Charlie Crist signed an executive order on May 6, 2008, that awards Alan Crotzer $1.25 million for the 24 years he spent in prison for a rape and kidnapping conviction he did not commit. Crotzer …
Article • December 15, 2008 • from PLN December, 2008
Ohio Man Receives $600,000 for Wrongful Imprisonment by During mediation, a settlement of $600,000 was reached between Kenneth Moore and the State of Ohio in a claim of wrongful imprisonment. Moore had sued Ohio for damages incurred in his defense at trial and post-conviction proceedings related to the criminal charges, …
Article • December 15, 2008 • from PLN December, 2008
No Filing Fee Lien Allowed in Florida Mandamus Cases by In two rulings, Florida’s First District Court of Appeal has held a circuit court departed from the essential elements of law when it placed a lien on a prisoner’s trust account to satisfy the filing fee for a mandamus petition. …
Brief • November 25, 2008
Bradshaw v State, GA, Sex Offender Life Sentence Ruling, 2008 In the Supreme Court of Georgia Decided: November 25, 2008 S08A1057. BRADSHAW v. THE STATE BENHAM, Justice. Cedric Lavell Bradshaw was found guilty in a bench trial of failing to register as a convicted sex offender in that, he had …
Illinois Federal Jury Awards Record $15.5 Million in False Arrest Case by Matthew Clarke by Matt Clarke On December 20, 2007, an Illinois federal jury awarded a record amount in a civil rights case for false arrest – $15.5 million. The damage award was against the sheriff of Will County, …
Errantly Paroled Mentally Ill San Quentin Prisoner Commits Mayhem In San Francisco by Errantly Paroled Mentally Ill San Quentin Prisoner Commits Mayhem In San Francisco When San Quentin, California state prison employees released mentally ill prisoner Scott Thomas onto parole on the night of Friday, May 18, 2007, they committed …
Article • November 15, 2008 • from PLN November, 2008
Iowa Imprisons Blacks at Alarming Rate by Gary Hunter Extreme racial disparities in Iowa’s sentencing patterns have put the state under scrutiny once again. Iowa has a population of about 3 million people. Only 2.3 percent, about 20,000, are black. Yet the incarceration for black Iowans is six times greater …
Article • November 15, 2008 • from PLN November, 2008
CA State Auditor: 352 Licensed Residential Living Facilities Errantly Housed Registered Sex Offenders by John Dannenberg CA State Auditor: 352 Licensed Residential Living Facilities Errantly Housed Registered Sex Offenders by John E. Dannenberg The California State Auditor cross-checked the State’s database of its 59,000 registered sex offenders and that of …
Article • November 15, 2008 • from PLN November, 2008
Filed under: Sentencing, Good Time
California Proposition 36 Drug Program Participation Credits Apply Against Subsequent Probation Revocation by California Proposition 36 Drug Program Participation Credits Apply Against Subsequent Probation Revocation The California Court of Appeal, Second District, held that when a prisoner convicted of drug possession but granted Proposition 36 probation to attend a drug …
Article • November 15, 2008 • from PLN November, 2008
$5,775 Awarded For 104 Days of Over-Incarceration in Ohio Prison by $5,775 Awarded For 104 Days of Over-Incarceration in Ohio Prison The Ohio Court of Claims has awarded a former Ohio prisoner $5,775 for 104 days of over-incarceration. Jasen Thomson was confined at the Marion Correctional Institution for 104 days …
Ninth Circuit: Washington Law Creates Liberty Interest in Sex Offenders’ Early Release to Community Custody by Ninth Circuit: Washington Law Creates Liberty Interest in Sex Offenders’ Early Release to Community Custody A divided panel of the Ninth Circuit U.S. Court of Appeals held that Washington State statute RCW § 9.94A.710(1) …
Brief • October 17, 2008
Donhauser v. Goord et al, NY, Order and Settlement Agreement, good time credit sex offender refusal to admit guilt, 2008
Article • October 15, 2008 • from PLN October, 2008
Filed under: Sentencing, Parole
Virginia Parole Rate Plummets Despite Thousands of Eligible Parolees by John Dannenberg by John E. Dannenberg Politics in Virginia have trumped reason when it comes to releasing eligible offenders on parole. Notwithstanding examples of successful reintegration into society after such prisoners are released, political pressure has driven the parole board’s …
Courts Find Ohio Adam Walsh Act Unconstitutional by Cuyahoga County Judge Ronald Suster held on May 9, 2008 that Ohio’s Adam Walsh Act violates the retroactivity clause of the Ohio Constitution and is an ex post facto law. Ohio has maintained a sex offender registry since 1963. The first substantial …
Article • October 15, 2008 • from PLN October, 2008
Bill Introduced to Exempt Wrongfully Convicted from Federal Income Taxes by Bill Introduced to Exempt Wrongfully Convicted from Federal Income Taxes On December 6, 2007, U.S. Senators Charles E. Schumer (D-NY) and Sam Brown (R-KS) introduced a bill to exempt wrongfully convicted former prisoners from having to pay federal income …
Article • October 15, 2008 • from PLN October, 2008
Prior Failure to Register as Sex Offender Does Not Violate Adam Walsh Act by Prior Failure to Register as Sex Offender Does Not Violate Adam Walsh Act On December 5, 2007, the U.S. District Court for the Western District of Missouri granted a motion for judgment of acquittal in a …
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