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Article • August 15, 2013 • from PLN August, 2013
Filed under: International, Immigration
Supreme Court Holds Padilla Not Retroactive by Derek Gilna In Padilla v. Kentucky, 130 S.Ct. 1473 (2010) [PLN, Aug. 2010, p.11], the U.S. Supreme Court held that attorneys have an obligation to advise their non-citizen clients that they face the collateral consequence of deportation if they plead guilty to a …
Article • August 15, 2013 • from PLN August, 2013
Filed under: Civil Procedure, Sanctions
Sixth Circuit Addresses Spoliation Sanction Standard by In holding that the determination of a spoliation sanction should be left to the discretion of the district court, considering the facts of each case individually, the Sixth Circuit Court of Appeals held it would not upset a district court's decision unless it …
Article • August 15, 2013 • from PLN August, 2013
Please Stop "Reforming" Pelican Bay by Maya Schenwar Please Stop "Reforming" Pelican Bay by Maya Schenwar "I took my first photograph last November. That's one picture in 17 years," Pelican Bay prisoner Jimmy Flores writes to me. He lives in the California prison's Secure Housing Units (SHUs) – solitary confinement …
Article • August 15, 2013 • from PLN August, 2013
West Virginia Court-Supervised Parole and Condition Barring Association with Spouse Upheld by West Virginia's Supreme Court has upheld a circuit court's authority to impose court-supervised parole, and affirmed a parole condition that barred a parolee's association with convicted felons – including her spouse. On June 9, 2009, Karen Tanner pleaded …
Article • August 15, 2013 • from PLN August, 2013
Federal Court Orders California to Release 9,600 More Prisoners by John Dannenberg by John E. Dannenberg On June 20, 2013, a plainly frustrated three-judge federal court not only told California officials that they shall comply with the court's prior order to reduce the state's prison population to 137.5% of design …
Article • August 15, 2013 • from PLN August, 2013
Fourth Circuit: Sex Offender Registration Not "Custody" for Section 2254 Jurisdiction by Fourth Circuit: Sex Offender Registration Not "Custody" for Section 2254 Jurisdiction On August 15, 2012, the Fourth Circuit held that sex offender registration requirements do not amount to being "in custody" for purposes of invoking federal habeas corpus …
Article • August 15, 2013 • from PLN August, 2013
Federal Court Rules Against Alabama DOC in Class-action HIV Discrimination Suit by On December 21, 2012, an Alabama federal district court entered judgment in a class-action lawsuit against the Alabama Department of Corrections (ADOC), finding that the ADOC engaged in discrimination by segregating HIV+ prisoners in violation of the Americans …
Article • August 15, 2013 • from PLN August, 2013
Canadian Prisoners Receive $3.5 Million in Settlements by Derek Gilna Thirty-four prisoners in the Canadian province of British Columbia have obtained a total of $3.5 million in settlements from the government between January 2008 and March 2012. The largest settlement, for a prisoner's traumatic brain injury resulting from an assault …
Article • August 15, 2013 • from PLN August, 2013
Filed under: Telephones, Telephone Rates
HRDC Invited to Speak at Unprecedented FCC Workshop on Prison Phone Rates by David Ganim It has been over 10 years since Martha Wright, a grandmother who filed a lawsuit challenging the high cost of prison phone calls, began trying to reform the prison telecom industry. Now, with more support …
Article • August 15, 2013 • from PLN August, 2013
Fifth Circuit Upholds Dismissal of PLN's Censorship Suit Against TDCJ by Matthew Clarke by Matt Clarke In a rare litigation loss for Prison Legal News, the Fifth Circuit Court of Appeals upheld the dismissal of a lawsuit challenging the Texas Department of Criminal Justice's (TDCJ) censorship of books distributed by …
Article • August 15, 2013 • from PLN August, 2013
Filed under: Civil Procedure, Venue
Trial Held in Texas Prison Courtroom Not Open to the Public by The Texas Court of Criminal Appeals has ruled that a plea hearing in a criminal case held in a prison chapel was not open to the public, and thus violated the defendant's Sixth Amendment rights. Conrad Lilly, a …
Article • August 15, 2013 • from PLN August, 2013
Supreme Court Upholds DNA Collection as Part of Jail Booking Procedures by J.R. Bloom The U.S. Supreme Court has paved the way for DNA collection and analysis to become as routine a part of the jail booking process as fingerprinting and mug shots. In 2009, Maryland police arrested Alonzo King …
Article • August 15, 2013 • from PLN August, 2013
Filed under: News
Millions in Security Equipment Wasted at Rikers Island by When officials at New York City's Rikers Island jail complex closed the facility's harbor and bike patrol units, and gutted staff in emergency services and firefighting units, they were trying to deal with budget cuts. Yet insiders said the move resulted …
Qualified Immunity Denied to Nurses who Ignored Prisoner's Symptoms of Active TB; $2.28 Million in Damages, Fees and Costs on Remand by The Eighth Circuit Court of Appeals held on July 12, 2012 that a former prisoner had presented sufficient evidence against three nurses to overcome qualified immunity in a …
Article • August 15, 2013 • from PLN August, 2013
Filed under: Sentencing, Parole
New Tennessee Parole Board Members have Apparent Bias Against Granting Parole by Alex Friedmann Tennessee Board of Parole Chairman Charles Traughber, who had served almost four decades on the Board and had a reputation for ruling it with an iron hand, retired in June 2013. To fill Traughber's vacant position, …
Article • August 15, 2013 • from PLN August, 2013
Filed under: News
HRDC Receives First Amendment Award by On July 25, 2013, the Society of Professional Journalists (SPJ), a national organization dedicated to encouraging the free practice of journalism, upholding high standards of ethics in that field and protecting First Amendment guarantees of freedom of speech and the press, announced the Human …
No Justice: Sex Offenses, No Matter How Minor or Understandable, Can Ruin You for Life by Charlotte Silver Why do we treat the most predatory and dangerous criminals the same as those who are not? by Charlotte Silver The collection of laws and restrictions that regulate people categorized as "sex …
Article • August 15, 2013 • from PLN August, 2013
Filed under: News
California Jail Installs New Microgrid to Cut Energy Costs by Derek Gilna California Jail Installs New Microgrid to Cut Energy Costs by Derek Gilna The Santa Rita Jail in Alameda County, California has installed an $11.7 million "microgrid" system to help power the 4,000-bed facility, which is the fifth-largest jail …
Article • August 15, 2013 • from PLN August, 2013
Genetic and DNA Evidence: The Emperor Has No Clothes by Ernest P. Chiodo by Ernest P. Chiodo, M.D., J.D., M.P.H., M.S., M.B.A., C.I.H. Genetic evidence in the form of DNA profiles has proven to be a powerful tool in the advance of justice by proving the innocence of accused persons. …
Article • August 15, 2013 • from PLN August, 2013
Third Circuit: Requiring Admission of Guilt to Participate in Mandatory-for-Parole SOTP Not a Fifth Amendment Violation by Matthew Clarke by Matt Clarke The Third Circuit Court of Appeals has held that requiring an admission of guilt to participate in an in-prison sex offender treatment program (SOTP) did not violate the …
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