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Fifth Circuit Says Federal Habeas Action May Not Be Used to Challenge Conditions of Confinement Related to COVID-19 by Matthew Clarke by Matt Clarke As previously reported by PLN, federal appellate courts in the U.S. have taken a dim view of challenges to conditions of confinement that place prisoners at …
Brief • January 21, 2022
Filed under: Wrongful Conviction
Garrett v. Metropolitan Government of Nashville, TN, Complaint Wrongful Conviction, 2022 IN THE UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF TENNESSEE, AT NASHVILLE PAUL SHANE GARRETT ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Plaintiff, v. Metropolitan Government of Nashville, Roy Dunaway, Individually, …
Article • January 1, 2022 • from PLN January, 2022
NJ Supreme Court: Excess Time in Prison Must Be Used to Reduce Parole Period by Matthew Clarke “Parole is the legal equivalent of imprisonment” by Matt Clarke On August 3, 2021, the Supreme Court of New Jersey held that the time a prisoner spent in prison in excess of that …
Washington Can’t Cheat Prisoner of Time Held Out of State on Washington Charges by Jacob Barrett But ICE Makes Sure That It Doesn’t Matter by Jacob Barrett On July 29, 2021 the Supreme Court of Washington ruled that a state prisoner was entitled to credit for all the time he …
Article • January 1, 2022 • from PLN January, 2022
$175,000 Awarded to New York Prisoner’s 686 Days Unconstitutional Post Release Supervision by David Reutter by David M. Reutter On Dec. 4, 2020, a federal district court in New York awarded $175,000 to a former state prisoner who was imprisoned for 686 days as a result of an unconstitutionally imposed …
Article • January 1, 2022 • from PLN January, 2022
Filed under: COVID-19, Pardons/Clemency
Covid-19 Pandemic Bumps Still Anemic Clemency Numbers by Edward Lyon by Ed Lyon Since the beginning of the COVID-19 pandemic, health and penology experts have urged state and federal governments to depopulate their prison systems. State governors remain under increasing pressure to use their executive clemency powers to achieve this …
Article • January 1, 2022 • from PLN January, 2022
Should Sentencing Juries Consider Imprisonment Costs? by Edward Lyon by Ed Lyon Professor Michael Conklin recently released a law review article arguing the merits of allowing juries to consider imprisonment costs when they are deliberating sentences lengths, with the objective of lessoning mass incarceration. Conklin’s report is founded on and …
Article • January 1, 2022 • from PLN January, 2022
Michigan Supreme Court Holds Convicted Prisoner Entitled to Pre-Trial Jail Time Credit by On July 27, 2021, the Michigan Supreme Court ruled en banc that pre-trial detainees are entitled to jail time credit if they were unable to make bond except for jail time served after a parole revocation warrant …
Pennsylvania Supreme Court: Illegal Juvenile LWOP Sentence Undermined Validity of Later Conviction by Douglas Ankney by Douglas Ankney  The Supreme Court of Pennsylvania held that an illegal mandatory sentence of life without parole (“LWOP”) imposed upon a juvenile undermined the validity of a later conviction for assault by a life …
Article • December 1, 2021 • from PLN December, 2021
Public Records Suit Filed Against Florida DOC To Obtain Formula Used To Compute Sentences by The American Civil Liberties Union (ACLU) of Florida has filed a second public records lawsuit against the state’s Department of Corrections (DOC) to obtain the formulas used to calculate a prisoner’s release date. The first …
M.G. V. NY State Office of Mental Health, NY, Opinion & Order, Inadequate Mental Health Care, 2021 Case 7:19-cv-00639-CS-AEK Document 185 Filed 11/15/21 Page 1 of 20 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK -------------------------------------------------------------x M.G., P.C., C.J., M.J., J.R., D.R., S.D., W.P., and D.H., individually and on …
Article • November 1, 2021 • from PLN November, 2021
Indiana Prisoner Entitled to Credit Time During Period of Erroneous Liberty by David Reutter by David M. Reutter The Indiana Supreme Court held that a prisoner who was erroneously released early “is entitled to credit time as if he were still incarcerated during the period he was erroneously at liberty.” …
Article • November 1, 2021 • from PLN November, 2021
Filed under: Settlements, Overdetention
$731,000 Jury Award to Illinois DOC Prisoner Held 23 Months Beyond Release Date, Over $210k in Fees Awarded As Well by David Reutter by David M. Reutter An Illinois federal district court found that a prison records clerk deprived a former prisoner of his liberty and caused him to serve …
Article • November 1, 2021 • from PLN November, 2021
Wrongfully Convicted Man Freed for Murder of Oregon DOC Director, But State Wants Him Back In Prison by Mark Wilson by Mark Wilson "The State can no longer afford to manufacture a case built on lies and half-truths,” wrote Patrick and Kevin Francke in their letter to a federal judge …
Article • November 1, 2021 • from PLN November, 2021
HRDC Represents Wrongfully Convicted Florida Man Who Spent 37 Years in Prison for a Rape Murder He Did Not Commit by Chuck Sharman by Chuck Sharman A Florida man who spent 37 years in prison on a wrongful rape murder conviction filed a federal lawsuit on October 4, 2021, against …
Brief • October 29, 2021
Filed under: Wrongful Conviction
Bolden v. City of Chicago, IL, Minute Entry Re Jury Verdict, Wrongful Conviction, 2021 Case: 1:17-cv-00417 Document #: 615 Filed: 10/29/21 Page 1 of 1 PageID #:16702 UNITED STATES DISTRICT COURT FOR THE Northern District of Illinois − CM/ECF LIVE, Ver 6.3.3 Eastern Division Eddie L. Bolden, et al. Plaintiff, …
Article • October 1, 2021 • from PLN October, 2021
Filed under: Probation
Georgia Enacts Massive Probation Reform Bill by David Reutter by David M. Reutter A bill that went into effect on July 1, 2021, allows individuals to access termination of felony probation after three years if they meet certain requirements. The bill impacts up to a quarter of Georgia’s current probationers, …
Brzowski v. Sigler, IL, Court Order, Wrongful Imprisonment, 2021 Case: 1:17-cv-09339 Document #: 205 Filed: 09/21/21 Page 1 of 21 PageID #:3955 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION WALTER BRZOWSKI, Plaintiff, vs. BRENDA SIGLER, Defendant. ) ) ) ) ) ) ) …
Article • September 1, 2021 • from PLN September, 2021
These Meds Prevent Overdoses. Few Federal Prisoners Are Getting Them by Beth Schwartzapfel Three years after the First Step Act required the Bureau of Prisons to treat more people with medications for opioid addiction, only a tiny fraction are receiving them. by Beth Schwartzapfel, The Marshall Project In 2018, Congress …
Article • September 1, 2021 • from PLN September, 2021
New Clemency Rules Expected to Expedite Civil Rights Restoration in Florida by Kevin Bliss by Kevin Bliss The Florida Cabinet and Governor Ron DeSantis collaborated to restructure the state’s clemency rules, streamlining the application process and automating certain aspects in an effort to expedite civil rights restoration for ex-offenders. The …
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