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Article • August 15, 2013
Attorney’s Fees Not Automatic Under Florida Rule 1.380 by Florida’s Fourth District Court of Appeals has held that a defendant is not entitled to attorney’s fees for a plaintiff’s refusal to admit the central issue of fact in a civil case. Before the Court was the appeal of Walter Shaw …
Article • August 15, 2013
Bodily Injury Enhancement in Federal Guidelines Requires Significant Injury by The Tenth Circuit Court of Appeals held that injuries sustained by a jail guard were insufficient to sustain a two-level sentence enhancement for bodily injury. While imprisoned at Utah’s Weber County Jail on November 21, 2004, federal prisoner Francisco Mejia-Canales …
Article • August 15, 2013
Filed under: Sentencing, Good Time
BOP Good Time Regulation Promulgated in Violation of the APA; No Relief for Violation Ninth Circuit Holds by The Bureau of Prisons (BOP) regulation affording federal prisoners 54 days of good conduct time (GCT) for each year served was promulgated in violation of the Administrative Procedures Act (APA), the U.S. …
An Innocent Man Speaks: PLN Interviews Jeff Deskovic by On April 9, 2013, Prison Legal News editor Paul Wright sat down with Jeffrey Deskovic as part of PLN's ongoing series of interviews concerning our nation's criminal justice system. Previously, PLN interviewed famous actor Danny Trejo [PLN, Aug. 2011, p.1] and …
Article • August 15, 2013 • from PLN August, 2013
Filed under: News, News in Brief
News in Brief by Alabama: Alabama Department of Corrections guard Bryant Thompson and former guard Quincy Walton are the subjects of a 29-count indictment unsealed on March 8, 2013, charging them with federal tax crimes. They are accused of a scheme in which Thompson obtained prisoners' Social Security numbers and …
Article • August 15, 2013 • from PLN August, 2013
Report: BOP Fails to Monitor Effects, Conditions of Segregated Housing by Derek Gilna In May, 2013, the U.S. Government Accountability Office (GAO) issued a report critical of the federal Bureau of Prisons' (BOP) use of segregated housing. The report found that the percentage of prisoners held in segregated housing, including …
Article • August 15, 2013 • from PLN August, 2013
From the Editor by Paul Wright As I write this month's editorial, prisoners in California are staging the largest hunger strike and food boycott in U.S. history to protest the California prison system's policy and practice of indefinite solitary confinement for thousands of prisoners spanning years and even decades. For …
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 …
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