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Article • December 15, 2007
Claims Previously Litigated, Not Directly Appealed, Raised At Trial Barred For Habeas by Georgia State prisoner Jimmy Meders sought review of a 1992 habeas court's partial denial of claims for relief from his 1987 death sentence. Warden Schofield appealed the same court's grant to Meders for ineffective assistance of counsel …
Article • December 15, 2007
Prima Facie Showing of Actual Innocence Defeats Texas Successive Writ Rule by On April 4, 2007, the Texas Court of Criminal Appeals held that a state prisoner may defeat the rule against filing a successive state application for a writ of habeas corpus, Article 11.07, Section 4, Texas Code of …
One-Off Offing: Why You Won't See a Disbarment Like Mike Nifong's Again by David Feige By David Feige Posted Monday, June 18, 2007, at 6:04 PM ET Now that justice has prevailed in the Duke rape case, with the nice innocent boys exonerated and the prosecutor who hounded them disbarred, …
Article • December 15, 2007
THE RISE OF AMERICA'S PRISON-INDUSTRIAL COMPLEX by David Ladipo David Ladipo JAN-FEB 7 2001 Bill Clinton memorably entered the White House over the body of poor, lobotomized Ricky Ray Rector, whose execution he hurried back from the inaugural ceremonies to attend in Arkansas. As he departs, the American prison population …
Article • December 15, 2007
Discovery Request Petition Prohibited While Another Court Entertains Post conviction Proceedings by Tennessee State pro se prisoner Ronald Waller appealed the 1998 denial of his petition under the Public Records Act to obtain copies of photographs taken in connection with his conviction. The denial was affirmed because he was statutorily …
Article • December 15, 2007
1983 Action Deemed Successive Habeas Petition; Reversed by Supreme Court by The Eleventh Circuit Court of Appeals held that a 42 U.S.C. § 1983 action, alleging that death by lethal injection causes pain and unnecessary suffering that constitutes cruel and unusual punishment, is the "functional equivalent" of a habeas claim. …
Article • December 15, 2007
Bail Enhancement Not Excessive When Fulfilling Particular Purpose; Hearing Must Be Held by California attorney Jeffrey Galen's 2001 release from jail after being arrested for domestic violence surprised authorities, as he made an enhanced bail of $1 million. His fiancee dropped the charges when he was released. In 2002 Galen …
Article • December 15, 2007
Seeking Evidence for DNA Testing Allowed Under § 1983 by The plaintiff's § 1983 suit seeking access to the biological evidence against him for purposes of challenging his criminal conviction was not in the nature of habeas corpus and did not require exhaustion of state judicial remedies. The plaintiff sought …
Retroactive Application of NJ Sex Offender Law Upheld by The plaintiffs were convicted before September 1979 of sex offenses and their conduct determined to be characterized by "a pattern of repetitive and compulsive behavior." They were sentenced to indeterminate terms in an Adult Diagnostic and Treatment Center and could not …
Article • December 15, 2007
California Supreme Court Ignores Statutory Language to Reduce Lifers' "Expectation" of Parole to Only a "Hope" by In a 4-3 decision, the California Supreme Court interpreted California's lifer parole statute (Penal Code § 3041) so as to ignore the Legislature's mandate to "normally set a parole release date" at the …
Article • December 15, 2007
Ohio Probation Violator Entitled to Credit for Time Served in Halfway House by The Ohio Court of Appeals held that after a convicted prison guard violated his probation, he was nonetheless entitled to credit for time served earlier in a halfway house, since it amounted to "confinement." Guard Richard Holda …
Article • December 15, 2007
California Prisoner Who Broke Already Damaged Jail Cell Door is Not Liable for Full Cost of Replacement by The California Court of Appeal, District 5, reversed a Kings County, California felony conviction of a county jail prisoner for intentionally damaging jail property worth more than $400 (Penal Code § 4600), …
Article • December 15, 2007
Filed under: Sentencing, Parole
Ohio Prisoner’s Entitled to Notice of Post-Release Control at Sentencing by Ohio Prisoner's Entitled to Notice of Post-Release Control at Sentencing The Ohio Supreme Court has held that the Ohio Adult Parole Authority (APA) has no authority to place a prisoner on post-release control when the sentencing court failed to …
Article • November 15, 2007 • from PLN November, 2007
Habeas Hints: Habeas Year in Review: 2007 by Kent A. Russell This column is intended to provide "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 habeas corpus practice under AEDPA, the 1996 …
Innocent Indiana Man Awarded $9 Million for 20 Years Imprisonment by An Indiana federal jury awarded Larry Mayes $9 million for actions taken by police officers of Indiana's City of Hammond, which resulted in Mayes being convicted of a rape he did not commit. As a result of those actions, …
Article • November 15, 2007 • from PLN November, 2007
Five-Year Forecast: Prison Population Will Swell 13%—Triple America’s Growth Rate by Five-Year Forecast: Prison Population Will Swell 13%?Triple America's Growth Rate The charitably funded Washington D.C.-based Public Safety Performance Project (PSPP), statistically analyzing prison population trends in all 50 states and the federal Bureau of Prisons (BOP), projected that between …
Overcrowded Washington DOC’s Solution: Ship ’Em Out of State by David Reutter Overcrowded Washington DOC's Solution: Ship ?Em Out of State by David M. Reutter Overcrowding is pinching the Washington Department of Corrections (WDOC). To alleviate that problem, the department ordered less than 100 community supervision violators released without a …
Article • November 15, 2007 • from PLN November, 2007
Oklahoma Court Orders Sentenced Prisoners Transported to Prison by The District Court for Oklahoma County, Oklahoma has ordered the County's Sheriff to transfer all prisoners awaiting transportation to the Department of Corrections (DOC) within 30 days and any prisoners sentenced after the Court's order are to be so transferred within …
$14 Million Verdict Against Louisiana DA’s Office for Wrongful Death Sentence by $14 Million Verdict Against Louisiana DA's Office for Wrongful Death Sentence The New Orleans Parish, Louisiana, District Attorney's Office should pay $14 million to a man who was wrongly convicted of murder and sent to the state's death …
Tenth Circuit Upholds BOP Guard’s Abuse Convictions by Tenth Circuit Upholds BOP Guard's Abuse Convictions The Tenth Circuit Court of Appeals affirmed the convictions and sentences of three former prison guards for beating prisoners at the United States Penitentiary in Florence, Colorado, (USP-Florence). As we've previously reported, in 1997, the …
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