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An Old Story: District of Columbia Continues Overdetaining and Strip Searching Prisoners by A federal district court for the District of Columbia has, once again, certified a class action in a complaint that District of Columbia is over-detaining persons ordered released and strip searching them without individualized suspicion. The Court …
Brief • July 26, 2007
Limone v. USA, MA, Order, Damages for Wrongful Convictions by FBI, 2007 Case 1:02-cv-10890-NG Document 565 Filed 07/26/2007 Page 1 of 228 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS PETER J. LIMONE, et al., Plaintiffs, v. UNITED STATES OF AMERICA, Defendant. ) ) ) ) Civ. Action No. …
Article • July 15, 2007 • from PLN July, 2007
Tennessee Parole Rules-Changes as Applied to Old Lifer May Violate Ex Post Facto by The Sixth Circuit U.S. Court of Appeals held that a double-murderer convicted in 1975, serving life in Tennessee, was entitled to the benefit of 1974 parole rules which conditionally provided that ?... such prisoner shall be …
Article • July 15, 2007 • from PLN July, 2007
$13,655,940 Award For False Massachusetts Rape Conviction by Matthew Clarke by Matthew T. Clarke On October 4, 2006, a federal court in Massachusetts awarded $13,655,940 to a man falsely convicted of rape. Eric Sarsfield was living in Marlborough, Massachusetts in July 1987 when Ms. Toni Gustus was raped in the …
Article • July 15, 2007 • from PLN July, 2007
Satellite Surveillance Approved For Wisconsin Sex Offenders by Gary Hunter Tracking sex offenders just cost Wisconsin taxpayers millions of dollars and ensures that citizens will pay millions more every year. Governor Jim Doyle signed a bill on May 22, 2006 that requires GPS monitoring for certain child molesters. The vote …
Temporary Restraining Order Suspends California’s Sex Offenders’ Housing Banishment Law by John Dannenberg Temporary Restraining Order Suspends California's Sex Offenders? Housing Banishment Law by John E. Dannenberg The U.S.D.C. (N.D. Cal.) issued a Temporary Restraining Order (TRO) on November 8, 2006, the same day California voters approved state Proposition 83 …
Article • July 15, 2007 • from PLN July, 2007
Louisville, Kentucky, Settles with Wrongly Imprisoned Man for $3.9 Million by A man who spent seven years in prison for a rape he didn?t commit will receive $3.9 million from the city of Louisville, Kentucky, according to a February 12, 2007 settlement agreement. William Gregory, now 59, was convicted in …
$9,063,000 Jury Award For Illinois False Rape Conviction by Matthew Clarke by Matthew T. Clarke On October 23, 2006, a federal jury in Illinois awarded a man who had been falsely convicted of rape $9,063,000. On September 19, 1989, Alejandro Dominguez was a 16-year old living in an apartment complex …
Article • July 15, 2007 • from PLN July, 2007
Retroactive Application of Missouri Sex Offender Registration Law Banned by Missouri's Supreme Court has held that the state's "Megan's Law" cannot be retroactively applied to persons convicted prior to January 1, 1995. The ruling affects about half of the people previously required to register as sex offenders, but allows information …
Article • July 15, 2007 • from PLN July, 2007
Washington Supreme Court Reverses Parole Denial by In a shocking five-to-four decision, the Washington Supreme Court, for the first time ever, reversed a parole denial by the state Indeterminate Sentence Review Board (Board). The Court found that the Board had ignored evidence at Richard Dyer?s December 4, 2002 parole hearing …
Article • July 15, 2007 • from PLN July, 2007
California Lifers’ Parole Reversals Tossed by Two State Appellate Courts by Marvin Mentor California Lifers' Parole Reversals Tossed by Two State Appellate Courts by Marvin Mentor An infirm, 82-year-old lifer's reversal by Governor Schwarzenegger of the Board of Parole Hearing's (BPH) grant of parole was itself overturned by the California …
Article • July 15, 2007 • from PLN July, 2007
Arizona Enacts Three Strikes Law, Again by The Arizona Legislator and Governor have continued exploiting the ?get tough on poor criminals? bandwagon, enacting SB 1444, in April, 2006, a law that requires a life sentence for any person convicted of a third violent felony. That law prohibits ?suspension of sentence, …
Article • June 15, 2007 • from PLN June, 2007
Lifetime Supervision or Lifetime Incarceration for Colorado Sex Offenders? by by G.A. Bowers Colorado has one of the toughest sex offender laws in the nation, according to University of Denver law professor Karen Steinhauser. Under the 1998 Lifetime Supervision of Sex Offenders Act (Act), over 800 sex offenders have been …
$2.25 Million Award for Virginia Man Falsely Sent to Death Row by A federal jury awarded a Virginia man $2.25 million for being falsely convicted of a rape/murder based on evidence fabricated by a cop and spending ten years on death row. Earl Washington, then 23, was convicted of a …
Article • June 15, 2007 • from PLN June, 2007
California Governor’s Parole Veto Reversed by Federal Court by John Dannenberg California Governor's Parole Veto Reversed by Federal Court by John E. Dannenberg The U.S. District Court granted a California second degree murderer's 28 U.S.C. § 2254 habeas corpus petition and ordered that he be released on parole unless the …
Article • June 15, 2007 • from PLN June, 2007
Filed under: Sanctions, Sentencing
Florida Court Without Jurisdiction to Impose Confinement Condition Sanctions at Sentencing by Florida?s Third District Court of Appeals has held that a trial court has no jurisdiction to impose sanctions that regulate the treatment of prisoners in conjunction with a criminal sanction. Henry Cuesta is a prisoner serving a life …
Article • June 15, 2007 • from PLN June, 2007
City of Detroit Must Record Suspect Confessions; $4 Million Wrongful Incarceration Award by A Michigan federal district court has approved a settlement that requires the City of Detroit to record all interrogations of criminal suspects and awards the estate of a wrongfully convicted man $4,075,000. The complaint in this action …
Harsh Federal Parole Conditions for Federal Sex Offender Upheld by The U.S. Court of Appeals for the Second Circuit has affirmed a federal district court order requiring a released sex offender to undergo polygraph exams, to avoid contact with minors, and to abstain from using the Internet while on parole. …
Article • June 15, 2007 • from PLN June, 2007
Supreme Court: California’s Law Permitting Suspicionless Police Search of Parolees Does Not Violate Fourth Amendment by Marvin Mentor Supreme Court: California's Law Permitting Suspicionless Police Search of Parolees Does Not Violate Fourth Amendment by Marvin Mentor A divided U.S. Supreme Court has upheld the constitutionality of a unique California statutory …
Article • June 15, 2007 • from PLN June, 2007
Missouri Legislature Allows Wrongfully Convicted to Receive Compensation by The Missouri Legislature has enacted legislation to compensate all persons declared "actually innocent" after DNA testing. In the last 15 years, five such prisoners in Missouri were released after being exonerated by DNA testing. The latest action by that legislature sought …
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