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Equitable Tolling of AEDPA Includes Non-English Speaking Petitioners by The Third Circuit Court of Appeals has held that a language inability, when combined with denial of legal or translation assistance, can be an extraordinary circumstance for equitable tolling purposes in habeas cases. The issue was before the Third Circuit following …
Failure to Record Disciplinary Hearing, Allow Adverse Witnesses in Alaskan Prison Disciplinary Hearing Violates Due Process by Matthew Clarke by Matt Clarke On September 2, 2011, the Supreme Court of Alaska held that due process was violated when prison officials failed to record a prisoner's disciplinary hearing or allow him …
Tenth Circuit: Terrorism Prisoners Lack Liberty Interest in Transfer to ADX by Derek Gilna Omar Rezaq, Mohammed Saleh, El-Sayyid Nosair and Ibrahim Elgabrowny, convicted of terrorism-related offenses and confined at the federal supermax ADX facility in Florence, Colorado, filed suit contending they had a liberty interest in “avoiding transfer without …
Supreme Court Adopts Strickland Prejudice Standard for Rejected Plea Bargains by Derek Gilna The U.S. Supreme Court, in a 5-4 ruling, has extended Strickland guarantees of effective legal representation to defendants entering into plea bargains. According to Justice Anthony Kennedy, who delivered the majority opinion of the Court, “The reality …
Forms of Judicial Deference in Prison Law by Sharon Dolovich by Sharon Dolovich1 Anyone familiar with the constitutional law of prisoners’ rights knows how ready courts are to find against prisoners in the name of “judicial deference.” It is not unreasonable for courts to grant a measure of deference to …
Dramatic Increase in Percentage of Criminal Cases Being Plea Bargained by Matthew Clarke by Matt Clarke Over the course of the past few decades there has been a significant increase in the percentage of criminal cases being plea bargained and a corresponding decrease in cases that are taken to trial. …
Article • December 15, 2012 • from PLN December, 2012
Missouri County Ordered to Present Civil Detainees Before Court within 27 Hours; $75,000 Damages Settlement by A Missouri federal district court has entered a consent decree in a class-action lawsuit that prohibits county officials from holding people detained for more than 27 hours, excluding weekends and holidays, on a civil …
Washington Jail Prisoner Settles Retaliation Claim for $10,000 by Washington State’s Pierce County has agreed to pay $10,000 to settle a federal lawsuit that claimed a prisoner was subjected to retaliation in the form of solitary confinement for exercising his First Amendment right of access to the courts. Neil Grenning …
Habeas Hints: 2012 Supreme Court Habeas Highlights: Plea Bargaining Cases by Kent A. Russell by Kent Russell This column provides “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 “AEDPA” (Antiterrorism and Effective …
Iowa SOTP Requirement Does Not Violate Fifth Amendment by The Iowa Supreme Court has held that prison officials do not violate the Fifth Amendment by depriving convicted sex offenders of earned-time sentence reductions when they refuse to participate in a sex offender treatment program (SOTP) that requires them to admit …
$2.3 Million Jury Award in Washington, D.C. Wrongful Parole Revocation Suit by A District of Columbia (D.C.) federal jury has awarded $2.3 million to a former prisoner who spent ten years in prison after his parole was wrongfully revoked based on unreliable hearsay evidence. Charles Singletary was convicted of robbery, …
Article • September 15, 2012 • from PLN September, 2012
Tenth Circuit Holds Due Process Requires Meaningful Segregation Reviews by Brandon Sample Prisoners indefinitely confined to administrative segregation are entitled to meaningful, periodic reviews of their segregation status, the U.S. Court of Appeals for the Tenth Circuit held on June 20, 2011, while granting qualified immunity to the prison official …
Article • August 15, 2012 • from PLN August, 2012
Termination from Drug Treatment Program Fails to State Liberty Interest Claim by The Eighth Circuit Court of Appeals has held that the decision of prison officials to remove a prisoner from a drug treatment program, which made him ineligible for a probated sentence, was insufficient to confer a liberty interest …
Sixth Circuit: Prisoner’s “Insolent Speech” at Disciplinary Hearing Not Protected Under First Amendment by The Sixth Circuit Court of Appeals granted summary judgment to prison guards and nurses on a Michigan prisoner's retaliation, excessive force and denial of medical care claims. On July 21, 2004, Michigan prisoner James A. Lockett …
Article • July 15, 2012
Supreme Court Considers Oklahoma Punitive Sterilization Issue by The U.S. Supreme Court reversed in June, 1942, an Oklahoma Supreme Court ruling upholding punitive sterilization of a state prisoner. Petitioner Skinner was convicted in 1926 of the crime of stealing chickens and sent to prison. In 1929 and 1934 he was …
Minnesota Man Settles Lawsuit for $229,500 and Policy Changes to Assist Deaf Arrestees by A deaf Minnesota man has agreed to accept $229,500 and policy changes to settle a lawsuit that alleged violations of the Americans with Disabilities Act (ADA), the Rehabilitation Act (RA) and the Minnesota Human Rights Act …
California U.S. District Court Holds that Prop. 9 Does Not Supersede Previously-Issued Injunction Regarding Parole Revocation Procedures by John Dannenberg by John E. Dannenberg Senior U.S. District Court Judge Lawrence K. Karlton has upheld a 2004 injunction that conflicts with the parole revocation provisions of California’s so-called Victims’ Bill of …
California Prisoners Seek End to Long-Term Segregation, Oppressive SHU Conditions by There are many forms of political and social protest. They can be purely for the sake of being disruptive or they can aim for resolution of a particular issue. Of course, even when they seek the latter they invariably …
Article • July 15, 2012
Oregon Court Reverses Civil Commitment without Prehearing Notice by The Oregon Court of Appeals, sitting En Banc, reversed an involuntary civil commitment order, finding that the trial court violated Oregon law by failing to provide prehearing notice. An Oregon woman, identified only by her initials, SJF, was involuntarily hospitalized on …
Wrongful Convictions Prove Costly, Especially for the Wrongly Convicted by Matthew Clarke by Matt Clarke On June 6, 2011, the Better Government Association (BGA) and the Center on Wrongful Convictions (CWC) at Northwestern University School of Law released a joint report on the cost of wrongful convictions. The report, which …
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