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Article • May 15, 2007
Intercepted Conversation of Jail Visitor Not Protected by The United States Supreme Court held that a state court conviction, for refusing to answer questions interposed by a state legislative committee, did not present a federal due process question, under the circumstances of the case. Although the Court declined to explicitly …
Anonymous Jury, Failure to Disclose, Approved in Latin Kings' Trial by The U.S. Second Circuit Court of Appeals approved the use of an anonymous jury by the U.S. District Court for the Southern District of New York and held that the Government's failure to disclose to the defense a witness' …
Disciplinary Conviction, Loss of Good Time Upheld by The U.S. Seventh Circuit Court of Appeals denied habeas corpus review to a prisoner appealing disciplinary segregation and loss of good time credits. Richie Rivera, a prisoner at the Indiana State Prison (ISP), was sanctioned by the conduct adjustment board (CAB) with …
Article • May 15, 2007
Filing Fee for State Habeas Corpus Unconstitutional by The United States Supreme Court held that a state could not require payment of a filing fee in state habeas corpus proceedings, or for appeals taken there from, while denying indigent prisoners access to the proceedings. According to the Court, "to interpose …
Article • May 15, 2007
Filed under: Sentencing, Good Time
IL DOC Director Must Exercise Discretion on Good Time Awards by The Illinois Fourth District Court of Appeals reversed the dismissal of a mandamus petition seeking to enforce the Director of the Department of Corrections duty to exercise his discretion to award good time credits. The Director implemented an unwritten …
Article • May 15, 2007
Parole Claim Moot after Release from Supervision by The United States Supreme Court held that a prisoner's full release from parole supervision rendered his procedural due process claims moot. In this decision, the Court describe the elements of the "capable of repetition, yet evading review" exception to the doctrine of …
New Mexico: $50,000 Settlement For False Arrest, Unconstitutional Strip Search by In the week of January 1, 2001, a lawsuit alleging false arrest and an unconstitutional strip search in retaliation for supporting a particular candidate for district attorney settled for $50,000. In 1999, while attending Gallup High School, Emily Ellison …
Article • May 15, 2007
WA Restitution Statue Amendments Retroactive by The Washington Supreme Court reversed a Superior Court's order that held the 1994 and 1997 amendments to RCW 9.94A.142 violate ex post facto as applied; to defendant convicted of 16 Counts of arson in 1986 Pursuant to the amendments the State moved the Superior …
Texas Prison Guards Who Murdered a Convict Sent to Federal Prison by On March 13, 2002, two former Texas prison guards admitted in plea agreements that they beat a prisoner to death. Their pleas were accepted by U.S. District Judge Howell Cobb who sentenced them to federal prison. Joel Lambright …
Article • May 15, 2007
WA State Owes No Duty to Ensure That Foster Kids Don't Harm the General Public by Aba Sheikh sustained injuries when he was beaten by four teenagers in a Seattle parking lot in March of 1999. The teenagers were in state-imposed foster care at the time. Sheikh obtained a judgment …
Iowa Supreme Court Holds Prison Sex Offender Screening Process Constitutional by On October 22, 2004 the Iowa Supreme Court ruled on a prisoner's claim that a prison rule concerning sexually violent prisoners enacted after his imprisonment effectively removed him from consideration for early parole. The court held that although the …
Article • May 15, 2007
Colorado: City Pays $240,000 to Victims of Serial Rapist by On January 30, 2006, the city of Aurora, Colorado, announced it would pay $240,000 to four women raped by a man they claimed should have been arrested months earlier. In November 2004, Brent J. Brents admitted to molesting an 8 …
Article • May 15, 2007
$100,000 Settlement Recommended For County's Contract Breach by On December 14, 2005, the Los Angeles County Claims Board recommended paying $100,000 to a drug testing firm to settle its breach of contract suit against the county. In September 1995 Los Angeles County entered a 5-year contract with PharmChem to provide …
Article • May 15, 2007
Filed under: Sentencing, Good Time
WA Early Release Credits No Substitute for Good Time Lost for Disciplinary Reasons by WA Early Release Credits No Substitute for Good Time Lost for Disciplinary Reasons The Washington State Court of Appeals for Division 1 has denied a prisoner's Personal Restraint Petition (PRP), claiming that the state Department of …
$200 Awarded To Prisoner Wrongfully Held On Keeplock Status by Osvaldo Solis, a prisoner at the Sing Sing Correctional Facility (SSCF), filed a pro se law suit against SSCF, for wrongfully placing him on keeplock status. On April 14, 2001, Solis was placed on keeplock confinement for allegedly taking part …
California Attorney Richard Dangler Sanctioned for "Shameful, Frivolous" Prisoner Appeals; Resigns by John E Dannenberg California Attorney Richard Dangler Sanctioned for "Shameful, Frivolous" Prisoner Appeals; Resigns by John E. Dannenberg Sacramento, California attorney Richard Hale Dangler, Jr. was assessed $46,750 by the California Court of Appeal and forced to resign …
Article • May 15, 2007
Certified Court Records Not Hearsay by Brian Benefiel was released from the Washington State prison system after serving a sentence for attempted second degree assault. He didn't report to his supervising community corrections officer, for which he was arrested and charged with escape from community custody. A certified copy of …
FBI Not Liable for Wrongful Incarceration of Federal Prisoner for Eight Years by The United States Court of Appeals for the First Circuit dismissed former federal prisoner Frank Boldoc's civil rights complaint for eight years of wrongful incarceration. Boldoc and another former federal prisoner, Francis Larkin, filed this claim under …
Article • May 15, 2007
California Habeas Corpus Proper Remedy to Challenge Work Assignment Restriction, But not to Award Back Pay by California Habeas Corpus Proper Remedy to Challenge Work Assignment Restriction, But not to Award Back Pay California's Second District Court of Appeals held a habeas corpus petition is the proper remedy for a …
Article • May 15, 2007
Filed under: Sentencing, Good Time, Probation
California: Knowing Waiver of Conduct Credits at Plea Agreement Controls Upon Later Probation Violations by John E Dannenberg The California Supreme Court held in two companion decisions that when a prisoner enters into a no-prison-time probation deal at sentencing involving a waiver of either pre-sentence or future conduct credits, if …
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