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Article • September 15, 2009 • from PLN September, 2009
Third Circuit Upholds Ban on UCC Materials; Sixth Circuit Disagrees by Brandon Sample The Pennsylvania Department of Corrections (PDOC) may lawfully ban the receipt and possession of materials related to the Uniform Commercial Code (UCC), the Third Circuit Court of Appeals held on July 29, 2008. In a more recent …
Article • September 15, 2009 • from PLN September, 2009
Working in Legal Field Not Prohibited While on Federal Supervised Release by Federal probation officers cannot restrict persons on supervised release from working as legal assistants, the U.S. Court of Appeals for the Eleventh Circuit held on April 8, 2009. Yraida L. Guanipa, convicted of attempted possession with intent to …
Article • September 15, 2009 • from PLN September, 2009
Prisoners Not Evacuated, Parolees Rounded Up as Hurricanes Hit by Gary Hunter On September 8, 2008, Texas Governor Rick Perry issued a disaster declaration for 88 counties as Hurricane Ike bore down on the Texas coastline. The 900-mile wide storm, with winds in excess of 100 mph “...is now in …
Article • September 15, 2009 • from PLN September, 2009
Contraband Smuggling by Texas Prison Guards Rarely Punished Harshly by Matthew Clarke by Matt Clarke A review conducted by a Houston newspaper concluded that a large quantity and variety of contraband is still being smuggled into Texas prisons by state prison guards, and those caught smuggling rarely receive harsh punishment. …
Oklahoma Prisoner Beaten to Death After Celled with Co-Defendant He Testified Against by On March 11, 2009, at approximately 9:15 p.m., Paul David Duran, Jr., 23, a prisoner at the Oklahoma State Penitentiary (OSP) in McAlester, was found beaten to death fifteen minutes after being locked in a cell with …
Article • September 15, 2009 • from PLN September, 2009
Filed under: Sentencing, Parole
California Lifers’ New Litigation Tool: DA’s “Opinion” and Governor’s “Belief” Do Not Constitute “Evidence” in Parole Denial Cases by Marvin Mentor In the final chapter of the litigation saga of now-paroled PLN writer John Dannenberg, on April 22, 2009, the California Supreme Court declined review and approved publication of the …
Notice Required for Rejected Packages BOP Warden Denied Qualified Immunity by Brandon Sample The U.S. Court of Appeals for the Eighth Circuit has affirmed the denial of qualified immunity for a Bureau of Prisons (BOP) warden accused of denying a prisoner procedural due process in connection with the rejection of …
Former Oklahoma Sheriff Convicted of Sex Crimes Now Where to Put Him? by by Gary Hunter Oklahoma officials are trying to decide the best way to incarcerate ex-sheriff Mike Burgess, 56, now that he is a convicted sex offender. On January 9, 2009 the former Custer County lawman was convicted …
Federal Three-Judge Panel Orders California To Reduce Prison Population By 44,000 Prisoners Within Two Years by Marvin Mentor In a landmark ruling, a federal three-judge panel ordered the California Department of Corrections and Rehabilitation (CDCR) to cap the prison population of its 33 adult prisons to 137.5% of their 79,828 …
$25,000 Award to Utah Muslim Prisoner Attacked by Death Row Prisoner Following 9/11 by A Utah federal jury awarded $25,000 to a Muslim prisoner who claimed guards set him up for a beating following the 9/11 guerrilla attacks. The oddest part of the situation is the prisoner was beat by …
Article • September 15, 2009 • from PLN September, 2009
New York’s Correction Law § 24 Held Unconstitutional by US Supreme Court by Brandon Sample New York’s Correction Law § 24 Held Unconstitutional by US Supreme Court by Brandon Sample New York’s Correction Law § 24, which prevents prisoners from bringing 42 U.S.C. § 1983 actions for damages against prison …
Article • September 15, 2009 • from PLN September, 2009
FBI And States Expand Collection Of DNA To The Innocent by Brandon Sample DNA collection is expanding to individuals arrested or detained as state and federal law enforcement officials seek to solve more crimes. The Federal Bureau of Investigation (FBI) joined 15 states in April 2009 that collect DNA from …
Article • September 15, 2009 • from PLN September, 2009
Filed under: Voting, News, State Legislation
Washington States Passes New Law for Automatic Restoration of Voting Rights by Eric Nygren Governor Christine Gregoire has signed into law a bill that reforms Washington’s convoluted system for restoring voting rights. The measure will restore the right to vote automatically to citizens who have come out of the criminal …
Article • September 15, 2009 • from PLN September, 2009
Sheriff and Guards Indicted: Sex, Misconduct and Contraband Scandal at Texas Jail by Matthew Clarke by Matt Clarke On February 27, 2009, a grand jury in Montague County, Texas returned a 106-count indictment against former Sheriff Bill Keating and ten jail guards, four prisoners and two other people in connection …
Article • September 15, 2009 • from PLN September, 2009
Philadelphia Tax Break for Hiring Ex-Prisoners a Bust by Giving employers a $10,000 tax break to hire ex-offenders was a good idea. At least until the Philadelphia City Council ruined it. While running for mayor of Philadelphia, Michael Nutter proposed a new way to cut crime: Help ex-cons get jobs …
California: Parole Board’s Policy Barring Friendly Oral Witness Testimony At Lifer Hearings Ruled An “Underground Regulation” by Marvin Mentor The California Office of Administrative Law (OAL) struck down the unwritten policy of the California Board of Parole Hearings (BPH) that denied all requests for friendly oral witness testimony at lifer …
Article • September 15, 2009 • from PLN September, 2009
U.S. Supreme Court Recedes from Saucier’s Mandatory Provisions for Determining Qualified Immunity Claims by David Reutter by David M. Reutter The U.S. Supreme Court has retreated from a mandatory procedural practice for resolving government officials’ qualified immunity claims, leaving it to the discretion of lower courts as to which prong …
$3.75 Million Settlement for Orange County, California, Jail Detainee Severely Beaten by Prisoners by After suffering severe brain damage while confined at an Orange County Jail in California, Fernando Ramirez, represented by attorneys Mark W. Eisenberg of Newport Beach and Jerry N. Gans of Santa Ana, sued the County, the …
Violence on the Rise in Arizona Prisons by David Reutter by David M. Reutter The level of violence in Arizona prisons is increasing – at least that is the conclusion to be drawn from recent reports. In 2008 alone there were four homicides in the state’s prison system, and with …
Article • September 15, 2009 • from PLN September, 2009
Maryland Prisoners Receive Kosher Food by Brandon Sample Beginning on April 9, 2009, The Maryland Department of Public Safety and Correctional Services (DPSCS) started providing kosher meals to state prisoners with religious dietary needs. The decision to provide kosher food came after a meeting between the Secretary of the DPSCS …
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