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Article • August 15, 2008
Out of Court Statements Refuting Testimony, Not Proclaiming Guilt or Innocence, Admissible by Delaware state prisoner Jamil Edwards appealed his convictions for first degree murder and possession of a firearm during the commission of a felony. He claimed judicial abuse of discretion for disallowing refuting testimony. His convictions were overturned. …
$300,000 Settlement in Murder of College Student by Released Sexual Predator by The State of Minnesota has paid $300,000 to the family of a University of North Dakota student who was kidnapped, raped and killed by a recently-released sexual predator. The payment was offered as a pre-litigation settlement before a …
More Prisoners Murdered in Texas Federal Prisons by Gary Hunter Until February 13, 2008, Ronald Joseph, 29, was serving time at a federal penitentiary in Beaumont, Texas for firearm and drug-related convictions. On that date he was found dead in his cell; a preliminary autopsy report indicated he had been …
Article • August 15, 2008
Hearing on Newly Discovered Evidence Denied; Florida Prisoner's Death Sentence for Prison Escape Killing Stands by Florida state death row prisoner William Van Poyck appealed the dismissal of his post-conviction motion that introduced new evidence of a "trigger man's" admission. The state Supreme Court affirmed the dismissal because Van Poyck's …
Article • August 15, 2008
KY Lethal Injection Not Unconstitutional; Upheld by U.S. Supreme Court by Ralph Baze and Thomas Bowling, both Kentucky state prisoners, were sentenced to death after being convicted of double murder. They immediately challenged the constitutionality of the state’s lethal injection protocol. The trial court dismissed the case, and the appellate …
Not the Usual Suspects: The Politics of the Prison Boom by Marie Gottschalk Throughout American history, politicians and public officials have exploited public anxieties about crime and disorder for political gain. The difference today is that these political strategies and public anxieties have come together in the perfect storm. They …
Compassionless Conservative Texas Judge Closes Court Promptly, Ensuring Execution by Matthew Clarke by Matt Clarke Sharon Keller, 54, presiding judge of the Texas Court of Criminal Appeals, has come under sharp criticism for refusing to keep the court open twenty minutes past its usual closing time to permit a late …
Missouri Execution Nurse, Doctor Have Questionable Histories by John Dannenberg by John E. Dannenberg A Missouri nurse employed by the state’s execution team was hired by federal officials to participate in the execution of mass killer Timothy McVeigh at Terre Haute, Indiana in 2001. However, before the nurse could leave …
Article • June 15, 2008 • from PLN June, 2008
New Jersey Abolishes the Death Penalty by Matthew Clarke by Matt Clarke On December 12, 2007, New Jersey became the second state since the reinstatement of the death penalty in 1976 to legislatively abolish the death penalty, replacing it with life without parole. That same day, New Jersey Governor Jon …
Article • May 15, 2008 • from PLN May, 2008
When Courts Get it Wrong: Clark v. Beard by Mumia Abu-Jamal by Mumia Abu Jamal When courts decide cases, the most important elements are the law, the facts and how to apply the relevant law to the facts. When courts err in any of these elements the result is usually …
Article • May 15, 2008 • from PLN May, 2008
North Carolina Execution Laws Trump Medical Board’s Ethics Declaration by John Dannenberg North Carolina Execution Laws Trump Medical Board's Ethics Declaration by John E. Dannenberg In September 2007, the Wake County, North Carolina Superior Court ruled that because executions are not "medical procedures," a state law that requires a physician …
Canadian Death Row Prisoners' International Law Claims Rejected by The plaintiff, a Canadian sentenced to death in the United States, alleged that he had been subjected to psychological torture in violation of the Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment because of his nine execution …
Article • May 15, 2008
Arizona Gas Chamber Unconstitutional by The court holds that execution by lethal gas as practiced in Arizona is unconstitutional, applying the prior decision in Fierro v. Gomez, which it notes was vacated but has never been held wrong. The Supreme Court later held that the petitioner's claim was procedurally barred …
Lawsuits test crackdown on sex criminals by john gramlich Friday, April 18, 2008 Stateline Article By John Gramlich, Stateline.org Staff Writer A death-penalty case argued before the U.S. Supreme Court this week marks the latest constitutional challenge to an ongoing, nationwide crackdown on sex criminals. From California to North Carolina, …
Tennessee Prisoners Must Verify Truth of Petitions for Relief from Sentences by Daryl Holton and Paul Reid, Tennessee state prisoners, were sentenced to death on murder convictions. Neither appealed. Later, acting as "next friend," others filed petitions for relief on their behalf, claiming they were mentally incompetent. The petitions weren't …
Article • January 15, 2008
Protection from Personal Document's Disclosure Does Not End With Death in Pennsylvania by Temple University law student Hayes Hunt petitioned the court to review the Pennsylvania Department of Corrections' (DOC) 1996 order denying his request for medical and mental health records of executed prisoner Leon Moser. The denial was affirmed …
Article • January 15, 2008
Court Orders Disclosure of Witness' Information Regarding Lethal Injection Executions in Pennsylvania by Pennsylvania death row prisoner Michael Travaglia appealed the Department of Corrections' (DOC) 1996 refusal to disclose to his attorney, Mark Lesco, various documents regarding lethal injection procedures and the selection process and identities of witnesses to executions. …
As New Regulations Limit Organ Transplants from Executed Chinese Prisoners; South Carolina Allows Organ Donations by Prisoners by In November 2006, China finally admitted that most of the human organs used to satisfy the burgeoning number of transplant-seeking foreigners came from executed prisoners. ?Apart from a small portion of traffic …
$195,000 Paid to Family of Slain Florida Prison Guard by David Reutter by David M. Reutter The Florida Department of Corrections (FDOC) has agreed to pay $195,000 to the family of murdered prison guard Darla Kay Lathrem, 38. PLN previously reported the incident. [See: PLN, April 2006, p.42]. Lathrem was …
Georgia Death Row Prisoner Not Afforded Evidence To Litigate Case by Georgia death row prisoner Ellis Felker appealed by way of mandamus a 1996 court ruling that the Houston County District Attorney (DA) complied with the production of records under the Open Records Act (Act). Additional materials were discovered last …
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