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Article • December 15, 2013 • from PLN December, 2013
From the Editor by Paul Wright Welcome to the last issue of PLN for 2013. As the year closes we can look back and see we have accomplished a great deal, including expanding the magazine to 64 pages, successfully urging the FCC to cap the cost of interstate prison phone …
Article • December 15, 2013 • from PLN December, 2013
Filed under: Sentencing, Habeas Corpus, AEDPA
Habeas Hints: Staring Down the Two-Headed Monster: Richter-Pinholster by Kent A. Russell by Kent Russell This column provides “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 the Antiterrorism and Effective Death Penalty …
Article • December 15, 2013 • from PLN December, 2013
Filed under: Telephones, Telephone Rates
Consolidated Footnotes – Charts A to D by 1 Alaska provides free local calls, plus free calls to the state’s Public Defender Agency, Office of Public Advocacy and Ombudsman’s Office. First-minute rates for intrastate calls range from $.17 to $.60, with subsequent minutes as indicated in Chart B. 2 Illinois’ …
Article • December 15, 2013 • from PLN December, 2013
BOP Compromises on Plan to Transfer Prisoners from FCI Danbury by Derek Gilna In an unexpected turnabout, the Bureau of Prisons (BOP) has modified its July 2013 decision to transfer all prisoners from the only federal women’s facility in the northeast, located in Danbury, Connecticut. The BOP had planned to …
Telemedicine Behind Bars by The National Commission on Correctional Health Care (NCCHC), which provides accreditation for medical services in prisons, jails and other correctional facilities, held its national conference in Nashville, Tennessee from October 28 to 30, 2013. PLN managing editor Alex Friedmann attended the conference and sat in on …
Third Circuit Allows Prisoner's Substitution of Deceased Guard’s Estate by The Third Circuit Court of Appeals held on October 16, 2012 that a district court had improperly denied a prisoner’s motion to substitute a deceased guard’s estate as a defendant. Delaware prisoner Wardell Leroy Giles filed suit in federal court …
Article • December 15, 2013 • from PLN December, 2013
Ninth Circuit: Residential Reentry Center Walkaway is Not Escape by The Ninth Circuit Court of Appeals has held that walking away from a residential reentry center does not constitute escape under 18 U.S.C. § 751(a). In 2008, Anthony E. Burke was convicted of federal offenses in Washington State and sentenced …
Article • December 15, 2013 • from PLN December, 2013
Possession of Cell Phone Doesn’t Violate Nevada Escape Device Statute by The Nevada Supreme Court has held that a statute prohibiting prisoners from possessing escape devices does not encompass possession of a contraband cell phone. Pursuant to NRS 212.093(1), prisoners are prohibited from having “any key, picklock, bolt cutters, wire …
Article • December 15, 2013 • from PLN December, 2013
Kansas Supreme Court Vacates Attorney Fee Reimbursement Order by The Kansas Supreme Court vacated a sentencing court’s order requiring a criminal defendant to reimburse Board of Indigents’ Defense Services (BIDS) attorney fees, for failing to make appropriate findings on the record. Morgan Wade was convicted of killing his former girlfriend …
Article • December 15, 2013 • from PLN December, 2013
Minnesota: Favorable Resolution of Charges Establishes Rebuttable Presumption of Expungement by The Minnesota Supreme Court held that the favorable resolution of criminal proceedings establishes a rebuttable presumption in favor of expungement under state law. In May 2009, a defendant identified only as RHB was charged with first- and third-degree assault …
Elder Abuse in Prisons: The Call for Elder Justice and Human Rights Protections Behind Bars by Tina Maschi by Tina Maschi, Ph.D., LCSW, ACSW “Prison is a hard place. Pure Hell! As long as you are in khaki, you are considered non-human. The elder suffer the most because there isn’t …
Article • December 15, 2013 • from PLN December, 2013
Massachusetts Warden Removed After Eight Months on the Job by The superintendent of the Souza-Baranowski Correctional Center in Shirley, Massachusetts was removed from his job only eight months after being promoted to the position. Anthony Mendonsa started as a guard in 1978 and worked his way up through the ranks; …
Article • December 15, 2013 • from PLN December, 2013
Filed under: Organizing, Voting
Iowa Voting Rights Restoration Process Becomes Slightly Less Onerous by Iowa is one of the toughest states in the nation for disenfranchised felons who want to obtain reinstatement of their voting rights, a review by the Associated Press found. When Republican Governor Terry Branstad took office in 2011, he reversed …
Article • December 15, 2013 • from PLN December, 2013
Filed under: Attorneys
New York City’s Revised Indigent Defense Services Plan Upheld by The New York Court of Appeals – the state’s highest court – held last year that changes to New York City’s system of indigent defense, which permit the assignment of conflict cases to institutional providers without the involvement of county …
Article • December 15, 2013 • from PLN December, 2013
British Court Blocks Sex Offender’s Extradition to U.S. Due to “Draconian” Civil Commitment Policies by In June 2012, Britain’s High Court of Justice blocked the extradition of a defendant wanted in Minnesota for sex crimes, stating a “flagrant denial” of his human rights would result if he were subjected to …
Article • December 15, 2013 • from PLN December, 2013
Filed under: Mental Health, Suicides
Under Fire, the Federal Bureau of Prisons Audits its Use of Solitary Confinement - and Buys a New Supermax Prison by James Ridgeway by James Ridgeway and Jean Casella Amidst growing criticism of its abundant use of solitary confinement, the federal Bureau of Prisons has quietly set in motion an …
Article • December 15, 2013 • from PLN December, 2013
BOP Settles Lawsuits Related to Food Poisoning at Pennsylvania Prison by Derek Gilna As previously reported in Prison Legal News, hundreds of federal prisoners at USP Canaan, a high-security federal prison northwest of Scranton, Pennsylvania, became sick after eating salmonella-contaminated chicken in June 2011. [See: PLN, August 2012, p.31]. Although …
Article • December 15, 2013 • from PLN December, 2013
The Invisible Crisis of Correctional Health Care by Cara Tabachnick After 33 years behind bars, Alvin Entzminger, who was released in March, needed immediate medical attention for a host of chronic illnesses. “I went into prison a healthy individual and came out suffering,” claimed Entzminger, now in his late 50s. …
Article • December 15, 2013 • from PLN December, 2013
Ninth Circuit Affirms Finding that Claim Accrues Each Time a Request for Conjugal Visits is Denied by On November 21, 2012, the Ninth Circuit Court of Appeals affirmed a district court’s finding that a prisoner’s challenge to the denial of his request for conjugal visits was not barred by the …
Article • December 15, 2013 • from PLN December, 2013
California Supreme Court Addresses CDCR Gang Associate Validation by In October 2012, the California Supreme Court reversed a grant of habeas relief by the Court of Appeal, which had interpreted a California Department of Corrections and Rehabilitation (CDCR) regulation regarding the validation of a prisoner as a gang associate. The …
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