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Article • October 15, 2008 • from PLN October, 2008
$45,000 Awarded to Probationer Subject to Overzealous Probation Officer by $45,000 Awarded to Probationer Subject to Overzealous Probation Officer An arbitrator awarded Washington State probationer Mark S. Rice $44,515 in a claim alleging negligence, emotional distress, and aggravation of a preexisting elbow injury. Washington Department of Corrections Community Corrections Officer …
Article • October 15, 2008 • from PLN October, 2008
Michigan Federal Court Issues Injunctive Relief for Lifer Parole Hearings by John Dannenberg Michigan Federal Court Issues Injunctive Relief for Lifer Parole Hearings by John E. Dannenberg The U.S. District Court for the Eastern District of Michigan issued a declaratory judgment and remedial injunctive order granting new hearings to non-drug …
$1.95 Million for 18 Years Wrongful Imprisonment in North Carolina by On February 16, 2007, a North Carolina man who spent 18 years in prison for a rape he didn’t commit settled with the State and the City of Winston-Salem for $1,958,454. Darryl Hunt, a black man, was imprisoned in …
Publication • October 6, 2008
Addressing the Evidentiary Sources of Wrongful Convictions, Southwestern University Law Review, 2008 LITTLE M ACRO.DOC 10/6/08 11:23 PM ADDRESSING THE EVIDENTIARY SOURCES OF WRONGFUL CONVICTIONS: CATEGORICAL EXCLUSION OF EVIDENCE IN CAPITAL STATUTES Rory K. Little∗ In an effort to provoke realistic remedial thinking,1 this essay presents and discusses a proposed …
Article • September 15, 2008 • from PLN September, 2008
Sixth Circuit Upholds Dismissal of Challenge to Ohio Parole System by Matthew Clarke by Matt Clarke The Sixth Circuit court of appeals upheld the district court’s dismissal of a challenge to the Ohio parole system brought by Ohio attorney Norman Sirak. This is a civil rights action under 42 U.S.C. …
New Jersey Joins Other States in Restricting Internet Use by Sex Offenders by New Jersey Joins Other States in Restricting ?Internet Use by Sex Offenders On December 27, 2007, New Jersey enacted legislation to restrict convicted sex offenders’ Internet use. Acting Governor Richard J. Codey relied on public hysteria over …
Texas Federal Judge Acquits VitaPro Defendants by Matthew Clarke by Matt Clarke On April 22, 2008, Houston, Texas, federal judge Lynn Hughes acquitted former Texas prison chief James “Andy” Collins, 57, and former president and CEO of VitaPro Foods Yank Barry of federal charges for bribery, money laundering, conspiracy and …
Article • September 15, 2008 • from PLN September, 2008
Virginia Felons Notified of Possible Exculpatory DNA Evidence – Eventually by Gary Hunter Virginia Felons Notified of Possible Exculpatory DNA Evidence – Eventually by Gary Hunter On January 9, 2008, Virginia’s state Forensic Science Board (FSB) voted 6 to 5 against notifying convicted defendants that DNA evidence had been discovered …
Article • September 15, 2008 • from PLN September, 2008
Physical, Mental and Substance Abuse Problems Fuel Recidivism by by Gary Hunter In February 2008 the Urban Institute Justice Policy Center issued a report detailing three major factors fueling the high recidivism rate in U.S. prisons. These factors included Physical Health and Reentry, Mental Health and Reentry and Substance Abuse …
Article • August 15, 2008 • from PLN August, 2008
New York Man Wins $640,000 for Unjust Incarceration by The state of New York has agreed to pay $640,000 to a man who it unjustly incarcerated for five years to dismiss the lawsuit he filed after his convictions were vacated because the evidence clearly indicated that he wasn’t involved in …
Fifth Circuit: Texas Prisoners Cannot be Disciplined for Trust Fund Deposits Initiated by Others by Matthew Clarke by Matthew T. Clarke The Fifth Circuit Court of Appeals held that prison officials must introduce evidence that a prisoner participated in a monetary transfer before they can discipline him for trafficking and …
Article • August 15, 2008
Absent Improper Conduct Finding, Washington Employee Cannot be Forced to Write Apology Letter by The State of Washington Personnel Appeals Board (PAB) has held that where no evidence exists that a public employee engaged in misconduct, acted inappropriately during an interaction with a private citizen, the employee was not guilty …
Article • August 15, 2008
Rule Banning Litigation “Threats” May be Unconstitutional by The plaintiff lost good time for violating a rule that prohibited inmates from threatening employees with litigation during "confrontation situations." The panel opinion, 121 F.3d 222 (5th Cir. 1997), held that the claim concerning the disciplinary proceeding is barred by Preiser and …
Article • August 15, 2008
$45,000 Damage Award to Traveler Detained in San Francisco Airport by The plaintiff was awarded $45,000 in compensatory and punitive damages against federal customs inspectors for unlawful detention at an airport on suspicion of drug smuggling. The plaintiff lacks standing to seek injunctive relief since she is not likely to …
Article • August 15, 2008
Filed under: Sentencing, Good Time
BOP Must Grant Juveniles Time Served Credits by The Ninth Circuit Court of Appeals held that the Federal Bureau of Prisons (BOP) erred in refusing to credit a juvenile offender with 35 months of presentence custody. On June 17, 2001, Jonah R., a juvenile, was arrested after shooting at a …
Article • August 15, 2008
Clemency Challenge Must be Under Habeas by The plaintiff, scheduled for execution, complained that the Governor who passed on his clemency application was the Attorney General at the time of prior proceedings in his case. Since his underlying claim in the clemency application concerned error at trial, the relief he …
Article • August 15, 2008
NY Good Time Deprivation Challenge Must be Under Habeas by The Time Allowance Committee deprived the plaintiff of good time on two occasions, one involving several prior disciplinary convictions and the other involving a single conviction. The plaintiff may not challenge this deprivation via 1983; it must be pursued via …
Article • August 15, 2008
BOP Ordered to Reinstate Good Time Reduction Despite Weapons Enhancement by The petitioner had been determined eligible for early release upon completion of a substance abuse treatment program and was then disqualified based on a new Bureau of Prisons rule disqualifying those who had received sentence enhancements for weapons possession. …
Article • August 15, 2008
Holding Prisoner 57 Days Without Judicial Appearance Unconstitutional by The plaintiff turned himself in at the county jail after he learned that a warrant had been issued because he missed a court appearance concerning child support arrearages. The sheriff's office misfiled his records and kept him for 57 days despite …
Article • August 15, 2008
BOP Exclusion of Prisoners from Drug Treatment Overbroad by The petitioner, who had pled guilty to conspiracy to violate the firearms control laws, alleged that he had completed a drug abuse treatment program and therefore qualified for early release under a federal statute applicable to prisoners convicted of nonviolent offenses. …
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