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Failure to Protect New Jersey Jail Detainee Leads to Drastic Bail Reduction by A New Jersey man held in jail on charges of aggravated assault had his bail reduced from $500,000 to $15,000 after a beating by other prisoners left him confined to a wheelchair. Joshua A. Maldonado, 20, was …
Article • January 15, 2014 • from PLN January, 2014
Top Texas Judge Breaks the Law but Gets Special Treatment by Sharon Keller is the presiding judge of the Texas Court of Criminal Appeals – the state’s highest court for criminal cases. In April 2010, Keller was fined $100,000 after it was discovered that she had failed to report a …
New York Prisoner Awarded Almost $16 Million Due to Poor Medical Treatment by Christopher Zoukis In March 2012, a New York state prisoner was awarded $15.7 million after being left a quadriplegic due to inadequate medical care. The judgment was entered by a New York Court of Claims which found …
Article • January 15, 2014 • from PLN January, 2014
Study Finds Prisoners Inappropriately Using Topical Antibiotics by David Reutter by David M. Reutter Research into the use of topical antibiotics in correctional facilities found that prisoners frequently use antibiotics for reasons inconsistent with their recommended purpose. A two-year study of 822 New York state prisoners was presented at the …
Article • January 15, 2014 • from PLN January, 2014
Director of Victims’ Rights Group Sent to Prison for Embezzlement by A Pennsylvania federal district court has sentenced a woman to two years in prison for stealing money from a victims’ rights organization she headed. Between June 2006 and June 2008, Mary Beth Semerod, now 59, stole $205,883.52 from the …
Article • January 15, 2014 • from PLN January, 2014
PLN Challenges Postcard-only Policy at Florida Jail by On December 17, 2013, Prison Legal News filed suit in federal court against St. Lucie County, Florida Sheriff Ken J. Mascara; the lawsuit alleges unconstitutional censorship based on a policy at the county jail that prohibits prisoners from receiving letters, books and …
Article • January 15, 2014 • from PLN January, 2014
Connecticut Guards File Grievances over Efforts to Stem Super Bowl Absenteeism by Connecticut prison guards filed almost 100 grievances over temporary changes in work rules intended to reduce the number of guards calling in sick on Super Bowl XLVI, which pitted the New York Giants against the New England Patriots. …
Article • January 15, 2014 • from PLN January, 2014
Unwanted Reprieve from Execution Upheld by Oregon Supreme Court by Christopher Zoukis As previously reported in PLN, Oregon death row prisoner Gary Haugen filed a legal challenge to Governor John Kitzhaber’s November 2011 decision to impose a moratorium on the state’s death penalty, which had the effect of granting Haugen …
Shareholder Resolutions Seek to Lower Phone Rates at Private Prisons by On November 26, 2013, shareholder resolutions were filed with Corrections Corporation of America (CCA) and The GEO Group, Inc. – the nation’s two largest for-profit prison companies; the resolutions seek to reduce the high cost of phone calls made …
Article • January 15, 2014 • from PLN January, 2014
Massachusetts Supreme Court: Failure to Register Guilty Plea Vacated by The Supreme Judicial Court of Massachusetts held on November 19, 2012 that a sex offender did not violate the state’s registration statute and should have been permitted to withdraw his guilty plea after being charged with failure to register. Massachusetts’ …
Article • January 15, 2014 • from PLN January, 2014
Tenth Circuit: FRAP 4(b) Clock Commences Upon Entry in Public Docket by The Tenth Circuit Court of Appeals held that a judgment must be entered on a district court’s publicly accessible criminal docket to commence the 14-day time limit in which a defendant may file a notice of appeal. Francisco …
No Immunity for Detainee’s Death Due to Alcohol Withdrawal; $1.23 Million Settlement on Remand by The Sixth Circuit Court of Appeals held on November 20, 2012 that a Michigan county and two jail guards were not entitled to qualified immunity for a female detainee’s death due to severe alcohol withdrawal. …
Article • January 15, 2014 • from PLN January, 2014
Filed under: Money/Property, Bail Bonds
Hawaii: Incarceration is Good Cause for Failure to Appear; Bail Forfeiture Set Aside by The Hawaii Supreme Court has held that incarceration constitutes good cause for failing to appear at an arraignment. As such, the trial court abused its discretion in refusing to set aside a bail forfeiture. Atmarama D. …
Article • January 15, 2014 • from PLN January, 2014
Res Judicata Doesn't Bar Ohio Post-release Control Challenge by The Ohio Supreme Court has held that “when a criminal defendant is improperly sentenced to post-release control, res judicata does not bar the defendant from collaterally attacking his conviction for escape due to an earlier post-release-control sentencing error.” In 1998, Donald …
Article • January 15, 2014 • from PLN January, 2014
Filed under: Telephones, Telephone Rates
FCC Rate Caps on Prison Phone Calls to Impact Nevada DOC’s Budget by David Ganim The rate caps recently imposed on interstate (long distance) prison phone calls by the Federal Communications Commission (FCC) signal much-needed financial relief for prisoners and their families; however, they will also leave an estimated $650,000 …
Article • January 15, 2014 • from PLN January, 2014
Religious Diet Qualified Immunity Test Outlined by Seventh Circuit by The Seventh Circuit Court of Appeals has held that when determining whether a prison official is entitled to qualified immunity for refusing a prisoner’s request for a religious diet, the district court must determine whether the official used the tenets …
SC Supreme Court Reverses Furtick; No Liberty Interest in Opportunity to Earn Sentence-Reduction Credits by The South Carolina Supreme Court held in late 2012 that the Administrative Law Court (ALC) may not summarily dismiss a prisoner’s appeal of a disciplinary conviction “solely on the basis that it involves the loss …
Article • January 15, 2014 • from PLN January, 2014
Multiple Convictions, Single Proceeding Triggers Alaska Lifetime Sex Offender Registration by The Alaska Supreme Court has held that the state’s lifetime sex offender registration requirement for multiple sex offenses applies to multiple convictions arising from a single criminal proceeding. The Alaska Sex Offender Registration Act (ASORA), Alaska Stat. § 12.63.020(a)(1)(B), …
Article • January 15, 2014 • from PLN January, 2014
Seventh Circuit Affirms Dismissal of Prisoner's Law Library Access Claim by Derek Gilna Illinois state prisoner Brian Burd filed a 42 U.S.C. § 1983 complaint for damages in 2010, alleging that officials at the Sheridan Correctional Center had denied him reasonable access to the facility’s law library; consequently, he was …
Article • January 15, 2014 • from PLN January, 2014
Filed under: Sentencing, Ex Post Facto
Oregon: Life Sentence for Murder Unconstitutional During Eight-Month Period in 1999 by The Oregon Court of Appeals has held that for crimes committed between February 17, 1999 and October 23, 1999 (aka “the McLain window”), the only permissible sentence for a murder conviction was 300 months in prison followed by …
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