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Texas Court of Criminal Appeals Sets Aside Convictions Based on Actual Innocence by Matthew Clarke by Matt Clarke In a 7-0 opinion with two judges not participating, the Texas Court of Criminal Appeals held on February 15, 2012 that a former prisoner who claimed exculpatory evidence was withheld in his …
Article • February 15, 2013 • from PLN February, 2013
The Collapse of American Criminal Justice, by William J. Stuntz (Belknap Press of Harvard University Press, 2011). 432 pages, $35.00 by Derek Gilna Book review by Derek Gilna The late William J. Stuntz, a Harvard law professor who conducted extensive research into the “rule of law” in American society, authored …
Article • February 15, 2013 • from PLN February, 2013
Pay-to-Stay Jail Programs Growing by Due in part to stressed government budgets, “pay-to-stay” fees imposed on prisoners in county jails are becoming more prevalent. Two counties, one in Ohio and the other in California, are now collecting incarceration costs from detainees. After Keller Blackburn became prosecutor for Athens County, Ohio, …
Article • February 15, 2013 • from PLN February, 2013
Seventh Circuit Approves Illinois Prison’s Rejection of PDR and Drug Guide by On March 9, 2012, the Seventh Circuit Court of Appeals affirmed the dismissal of a prisoner’s civil rights action that alleged violation of his constitutional rights due to the censorship of two books by prison officials. James Munson, …
Article • February 15, 2013 • from PLN February, 2013
Alabama Law Meant to Ensure Transparency in Judicial Elections Not Enforced for 16 Years by Derek Gilna An Alabama law that became effective in 1996, designed to remove any appearance of impropriety in the funding of judicial election campaigns, has languished while all three branches of state government have failed …
Idaho DOC Settles 30-year-old Class-action Lawsuit by Idaho officials first tried to suppress what they called an “inflammatory” and “libelous” report filed by a court-appointed expert in a longstanding suit involving the state’s prison system. They then finally agreed to settle the 30-year-old litigation based upon the report’s findings. In …
Article • February 15, 2013 • from PLN February, 2013
New York Jail Profits from TV Ads by Joe Watson How does a small business like Chico’s Bail Bonds increase its odds of reaching its target demographic? By advertising to people who have just been arrested and jailed, of course. While being booked and photographed within hours of their arrest, …
Article • February 15, 2013 • from PLN February, 2013
Filed under: Work, Prison Industries
Federal Prison Industries Contract Leads to Freeworld Job Losses by The loss of a $45 million contract to produce military clothing has caused Tennessee-based Tennier Industries to lay off around 100 workers. The contract was awarded to Federal Prison Industries (FPI), also known as UNICOR, which will use prisoner slave …
Article • February 15, 2013 • from PLN February, 2013
New Hampshire: $450,000 Settlement in Suit Over Prisoner’s Opiate Detoxification Death by On August 9, 2011, Hillsborough County, New Hampshire settled a lawsuit filed by the parents of a jail prisoner who died due to dehydration while undergoing unsupervised opiate detoxification. Kevin McEvoy, 24, was arrested in August 2008 on …
Article • February 15, 2013 • from PLN February, 2013
California: Denial of Kosher Diet to Messianic Jew Violates RLUIPA by The California Court of Appeal, Third District, has held that the denial of a prisoner’s request to participate in the state prison system’s Jewish Kosher Diet Program (JKDP), on the sole ground that he was a Messianic Jew, violated …
Article • February 15, 2013 • from PLN February, 2013
Ohio Supreme Court Sides with Defendant in Sex Offender Registration Case by Derek Gilna On May 8, 2012, the Ohio Supreme Court ruled in favor of Wesley Lloyd, who was convicted of a sex offense in Texas and then moved to Ohio in 2005. He was arrested and convicted in …
Article • February 15, 2013 • from PLN February, 2013
TASER Liability Verdict Upheld, but Remittitur Granted by A North Carolina U.S. District Court has held, in ruling on a post-trial motion, that a jury’s liability verdict against TASER International related to the death of a juvenile shocked by one of the company’s TASER devices was reasonable, but granted remittitur …
Article • February 15, 2013 • from PLN February, 2013
FCC Finally Moves on Wright Petition After Almost a Decade of Inaction by On December 28, 2012, the Federal Communications Commission (FCC) took a major step in a process that could lead to “just and reasonable” interstate phone rates for calls made from prisons, jails and other detention centers. “Today, …
Illinois: Current Insurer Must Pay Wrongful Conviction Award after Exoneration by The Seventh Circuit Court of Appeals has affirmed a federal district court’s determination “that, under Illinois law, the issuer of the policy in force on the date a convict is exonerated must defend and indemnify an insured whose law-enforcement …
Article • February 15, 2013 • from PLN February, 2013
Nevada DOC Audit: Doctors Work 5 Hours, Get Paid for 10 by The Nevada Department of Corrections (DOC), which houses 12,750 prisoners, employs 23 full-time physicians who are paid a salary that presumes they work four 10-hour shifts per week. Accordingly, they receive their full wages regardless of the hours …
Idaho Supreme Court Affirms Firing of PHS Medical Director by The Idaho Supreme Court has upheld a lower court’s dismissal of a prison doctor’s challenge to his job termination, stemming from his abusive treatment of a prisoner. Dr. John F. Noak was the medical director for Prison Health Services (PHS), …
Oregon Prosecutor’s Son Escapes Mandatory Prison Time for Sexual Assault by Commit sexual abuse in Oregon and you face a mandatory prison sentence of 75 months – unless your father happens to be a prosecutor, apparently. In December 2011, Jacob Frasier, 17, the son of Coos County District Attorney Paul …
Article • February 15, 2013 • from PLN February, 2013
Life After Murder: Five Men in Search of Redemption, by Nancy Mullane (Public Affairs Books, 2012). 384 pages, $26.99 (hard-cover) by John Dannenberg Book review by John E. Dannenberg With a gripping meld of investigative journalism and personal involvement, author Nancy Mullane digs into the true meaning of “life with …
Former California Prison Guard Resentenced Following Assault Conviction by The Ninth Circuit Court of Appeals has vacated a 51-month sentence imposed on a former California prison guard convicted of assaulting two prisoners, on the ground that during sentencing the district court had relied on unreliable allegations made by a jailhouse …
Texas Supreme Court Rules Compensation Required in Schlup-type Innocence Cases by Matthew Clarke by Matt Clarke On May 18, 2012, the Supreme Court of Texas held that a former prisoner whose murder conviction was reversed due to ineffective assistance of counsel after he proved that he was likely actually innocent …
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