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Article • November 15, 2013 • from PLN November, 2013
Best Criminal Defense Pleading Ever! by Alex Friedmann PLN primarily reports on civil litigation involving prisons and jails rather than criminal cases. There are other resources that address criminal law; for example, Punch & Jurists (www.fedcrimlaw.com), which covers issues related to federal criminal cases. However, when we ran across a …
Article • November 15, 2013 • from PLN November, 2013
Filed under: Sentencing, Probation
California: No-Gang-Contact Probation Condition Struck Down by On October 24, 2012, the California Court of Appeal modified a no-gang-contact condition of probation placed on a defendant who had pleaded no contest to possessing methamphetamine. The appellate court held that because neither the defendant nor his family had any ties to …
Four West Virginia Officials, including Circuit Court Judge, Face Federal Charges by Christopher Zoukis A former West Virginia judge is facing up to ten years in federal prison after pleading guilty to charges that he conspired to protect a county sheriff from allegations of drug-related activity. Former Mingo County Circuit …
Ninth Circuit: Adam Walsh Detention Doesn’t Toll Term of Supervised Release by Derek Gilna In a case of first impression, the Ninth Circuit Court of Appeals held that the period of time spent in civil confinement under the Adam Walsh Act does not constitute “imprisonment,” and that a defendant’s period …
Article • November 15, 2013 • from PLN November, 2013
ICE Directive May Limit Solitary Confinement of Immigrant Detainees by Derek Gilna Many human rights activists have noted that Immigration and Customs Enforcement (ICE), which is protected by draconian post-9/11 legislation and U.S. Department of Homeland Security (DHS) rule-making power, has been prone to abusive detention practices – especially in …
Denial of Contraceptive Pill to Prisoner States Cause of Action by A U.S. District Court in Florida has held that the denial of a prisoner’s access to a contraceptive pill to prevent pregnancy, based on a jail employee’s religious beliefs, states a cause of action. The plaintiff in the case, …
Article • November 15, 2013 • from PLN November, 2013
Filed under: Media, Access to Media
The Too-Many Prisoners Dilemma by Dan Froomkin Prisons are a vast, undercovered but important beat. Why we need more criminal justice coverage by Dan Froomkin There’s a growing national consensus that, as Attorney General Eric Holder stated in August, “too many Americans go to too many prisons for far too …
Article • November 15, 2013 • from PLN November, 2013
Filed under: News, News in Brief
News in Brief by California: Reggie Alcantar, 31, was charged with felony battery and elder abuse on May 14, 2013 following an incident at the popular Tom’s Farms attraction near Corona. An investigation determined that Alcantar pushed a 71-year-old security guard to the ground, causing him to suffer a broken …
Article • November 15, 2013 • from PLN November, 2013
From the Editor by Paul Wright By now all PLN subscribers should have received their annual fundraising letter. Subscription and advertising income alone does not cover the cost of producing each month’s issue. Most importantly, it does not cover the cost of the advocacy we do on behalf of prisoners …
Article • November 15, 2013 • from PLN November, 2013
Texas Judges Rarely Disciplined, Seldom Publicly by Matthew Clarke by Matt Clarke In 2009, former Harris County, Texas state district judge Woodrow “Woody” Densen was caught on surveillance video keying a neighbor’s car, causing significant damage. The video received widespread media coverage. He pleaded guilty to a misdemeanor charge of …
Article • November 15, 2013 • from PLN November, 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 • November 15, 2013 • from PLN November, 2013
The Real Costs of Incarceration in the United States by It has long been an open secret that government officials go out of their way to hide from public view the true costs of the many, many different aspects of America’s top-heavy and constantly growing law enforcement system; and in …
Article • November 15, 2013 • from PLN November, 2013
Attorney Fees Not Exempt from Disclosure Under California Public Records Act by The California Court of Appeal held on November 16, 2012 that billing and payment records reflecting the amount of money a government agency paid in attorney fees to defend against a pending civil rights action were not exempt …
Article • November 15, 2013 • from PLN November, 2013
PLN Files Censorship Suit Against Nevada DOC by On June 27, 2013, Prison Legal News filed suit in U.S. District Court against Nevada Department of Corrections (DOC) Director James G. Cox and other defendants, seeking to enjoin unconstitutional censorship by state prison officials. The lawsuit contends that the Nevada DOC …
Article • November 15, 2013 • from PLN November, 2013
Filed under: Medical, Brain Injury
Traumatic Brain Injury Rate High Among Prisoners by Matthew Clarke by Matt Clarke Studies have shown that the prevalence of traumatic brain injury (TBI) among adult prisoners is more than seven times higher than among non-incarcerated adults. Traumatic brain injury occurs when a person suffers a disruption of brain function …
Article • November 15, 2013 • from PLN November, 2013
Debtors' Prisons Returning to America by David Reutter As the United States was becoming an independent nation with its own values and form of government, it discarded an archaic English system that drove the poor into greater poverty. When the U.S. ended the practice of debtors’ prisons in 1833, it …
Hell on Earth: Sexual Victimization of the Criminally Insane by David Rosen Jan Brewer is the governor of Arizona and one of her three sons, Ronald, was charged in 1989 with the sexual assault and kidnapping of a Phoenix woman. He was diagnosed as suffering from schizophrenia and, in 1990, …
Article • November 15, 2013 • from PLN November, 2013
China Vows to Finance Incarceration with Public Funds, Not Prison Profits by Despite its atrocious human rights record, China says it is taking steps to ensure that its prison system is publicly financed and that prisoners receive rehabilitative opportunities. Wu Aiying, China’s Minister of Justice, announced last year that profits …
GEO Group Pulls out of Mississippi Prisons by David Reutter by David M. Reutter Last year, the GEO Group – the nation’s second-largest for-profit prison company – announced that it was pulling out of its contracts to operate three Mississippi prisons. That development came shortly after a federal court announced …
Article • November 15, 2013 • from PLN November, 2013
PLN Challenges Postcard-only Policy at Tennessee Jail by On October 10, 2013, Prison Legal News filed a federal lawsuit against Sullivan County, Tennessee, the Sullivan County Sheriff’s Office and Sheriff J. Wayne Anderson, alleging that the county jail unconstitutionally censored books, magazines, letters and other correspondence sent to prisoners and …
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