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Article • July 15, 2006 • from PLN July, 2006
Wrongfully Convicted Texas Prisoner Finally Receives $118,000 in Compensation by Matthew T. Clarke In 1988, a 17-year-old Josiah Sutton was convicted in a Texas court of a rape he did not commit and sentenced to twenty-five years in prison. Sutton spent close to five years in prison before new DNA …
Brief • June 25, 2006
Filed under: Wrongful Imprisonment
Corley v Davis, CA, Order re disposal docs after notification of settlement, wrongful imprisonment, 2006 ase 2:03-cv-01447-LKK-DAD Document 86 Filed 08/25/2006 Page 1 of 2 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 WILLIAM B. CORLEY, NO. …
Article • June 15, 2006 • from PLN June, 2006
Audit of Californias Failed Intermediate-Parole-Sanctions Program Blames Lack of Benchmarks And D by Audit of Californias Failed Intermediate-Parole-Sanctions Program Blames Lack of Benchmarks And Data Analysis The California State Auditor issued a stinging 58 page report in November 2005 that squarely fixed the blame for the purported failure of the …
Article • June 15, 2006 • from PLN June, 2006
Filed under: Parole, News, State Legislation
California Legislature Reorganizes DOC To Add Rehabilitation by Marvin Mentor California Legislature Reorganizes DOC To Add Rehabilitation by Marvin Mentor Via legislative enactment (SB 737) effective July 1, 2005, the California DOC (formerly CDC) was renamed the Department of Corrections and Rehabilitation (CDCR), the Board of Prison Terms (BPT) was …
Article • June 15, 2006 • from PLN June, 2006
Washington Community Placement Condition Barring Pornography Unconstitutionally Vague by Washington Community Placement Condition Barring Pornography Unconstitutionally Vague The Washington Court of Appeals held that a condition of community placement prohibiting possession or perusal of pornography without prior probation officer approval was unconstitutional. Richard Sansone was sentenced to prison and community …
Article • June 15, 2006 • from PLN June, 2006
California Ex-Con DNA Collection Law Ruled Not Retroactive by John E Dannenberg by John E. Dannenberg The U.S. District Court, N.D. Cal., ruled that Californias recent Proposition 69, which provides for DNA collection from all convicted persons, does not apply retroactively to exconvicts who have been discharged from custody, parole …
California Guards Lose Appeals On Federal Conspiracy Conviction, Bail; Still Free by Two former California prison guards, who were convicted in federal court of conspiracy to violate the constitutional rights (18 U.S.C. § 241) of Pelican Bay State Prison (PBSP) prisoners, lost both the appeals of their convictions of denial …
Abu Ghraib: Enduring Symbol of Hated Regimes by Matthew T. Clarke Abu Ghraib, a 280-acre prison complex located 20 miles west of Baghdad, is a well known symbol to the Iraqi people. Abu Ghraib holds about 3,500 of the approximately 10,500 prisoners held by American forces in Iraq. All prisoners …
Article • May 15, 2006 • from PLN May, 2006
Filed under: Sentencing, Habeas Corpus
Habeas Hints: Evidentiary Hearings by Kent Russell This column is intended to provide 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 habeas corpus practice under the AEDPA, the 1996 habeas corpus law which …
Article • May 15, 2006 • from PLN May, 2006
Nearly 7 Million Under Correctional Supervision In U.S. by Michael Rigby At yearend 2004, nearly 7 million adults were in prison, on parole, or on probation in the U.S.--2.5 million more than in 1990--according to a study by the Bureau of Justice Statistics released on November 2, 2005. Put another …
Article • May 15, 2006 • from PLN May, 2006
Banned From the Hood by Matthew T. Clarke In Chicago, gang-leader parolees may be required to stay away from the turf of their gang as a condition of parole. Returning to the hood results in returning to prison. Other cities are using innovations such as gang-free safety zones and court …
Article • May 15, 2006 • from PLN May, 2006
Filed under: Sentencing, Parole
California DOC Bans Dying Parolee From His Familys Town by California DOC Bans Dying Parolee From His Familys Town A terminally ill prisoner, paroled in February 2005 from one of a small northeast California towns two state prisons, was denied his request to live out his remaining days with his …
Article • May 15, 2006 • from PLN May, 2006
Former Illinois Death Row Prisoners Malicious Prosecution Claim Rejected by Former Illinois Death Row Prisoners Malicious Prosecution Claim Rejected A Chicago jury has rejected former death row prisoner Anthony Porters claim that Chicago police conspired to frame him for a double murder he did not commit. Porter was sentenced to …
Article • May 15, 2006 • from PLN May, 2006
Los Angeles County Jail Continues To Over-Incarcerate by John Dannenberg by John E. Dannenberg After paying $27 million (up to $5,000 per plaintiff) to settle class action lawsuits in 1991 for failing to timely release prisoners from county jail (see PLN, Jan. 2003, p.14), Los Angeles (L.A.) County is still …
King v. Walker, Il, Parole Revocation Hearings, Class Cert Order, 2006 Case 1:06-cv-00204 Document 48 Filed 05/08/2006 Page 1 of 25 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION CHARLES KING, ANDRE BROWN, CHOIKE HILL, THOMAS GILBERT, NELSON MUNIZ, ANTHONY SMITH, and ANDRE McGREGG, …
No Qualified Immunity on Toothpaste, Inhaler & Ventilation Claims by The Seventh Circuit Court Of Appeals upheld a district courts denial of qualified immunity to jail officials on claims of denial of toothpaste, withholding asthma inhaler and inadequate ventilation. In 1984, two Indiana men disappeared. Neither the men nor their …
Article • April 15, 2006 • from PLN April, 2006
Weary California Prison Gang Members Increasingly Opt Out for Solace of Sensitive Needs Yards by Weary California Prison Gang Members Increasingly Opt Out for Solace of Sensitive Needs Yards Imprisoned California gang members are increasingly tiring of doing hard time to satisfy gang leaders demands to enforce dogmatic, self-serving obeisance …
Article • April 15, 2006 • from PLN April, 2006
Continued Reliance on Commitment Offense to Deny California Lifers Parole Denies Federal Due Proces by Marvin Mentor Continued Reliance on Commitment Offense to Deny California Lifers Parole Denies Federal Due Process by Marvin Mentor The U.S.D.C. (E.D. Cal.) granted habeas relief to a California lifer whose parole had been repeatedly …
Article • April 15, 2006 • from PLN April, 2006
Georgia Legislature Awards Wrongly Convicted Man $1 Million by In its 2005 session, the Georgia Legislature awarded Clarence Harrison $1 million for loss of liberty, personal injury, lost wages, injury to reputation, emotional distress, and other damages as a result of his nearly 18 years of incarceration and expenses and …
Exhaustion Not Required in Pennsylvania Parole Denial Challenges by The Third Circuit Court Of Appeals held that a Pennsylvania state prisoner challenging the denial of parole need not file a petition for a writ of mandamus in order to satisfy the dictates of exhaustion before seeking federal habeas review. Pennsylvania …
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