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Article • April 15, 2006 • from PLN April, 2006
Ohio Man Awarded $618,000 for Nearly 16 Years Wrongful Imprisonment by On August 15, 2005, the Ohio Court of Claims awarded $618,683.33 to a man who spent nearly 16 years in prison for a rape he did not commit. Donte L. Booker was arrested for a carjacking outside a Beachwood, …
Article • April 15, 2006 • from PLN April, 2006
Phoenix, Arizona, Settles Krone Wrongful Imprisonment Suit for $3 Million by The city of Phoenix, Arizona, will pay $3 million to settle a lawsuit brought by a man who spent more than a decade in prison for a murder he did not commit. The settlement, approved by the city council …
Article • April 15, 2006 • from PLN April, 2006
2nd Circuit Reverses Sua Sponte § 1915 Dismissal; Parolee Owed Duty of Habitable Residence by The Second Circuit Court of Appeals reversed a district courts sua sponte dismissal, pursuant to 28 U.S.C. § 1915(e)(2)(b)(ii), of a New York parolees action, for failure to state a claim. Alonzo Jacobs, a parolee …
Article • April 15, 2006 • from PLN April, 2006
Filed under: Sentencing, Parole
Any Reliance On AA or NA Participation During Parole Consideration Violates Establishment Clause by John Dannenberg Any Reliance On AA or NA Participation During Parole Consideration Violates Establishment Clause by John E. Dannenberg The United States District Court, E.D. Cal., ruled that requiring a California life prisoner to attend Narcotics …
Article • April 15, 2006 • from PLN April, 2006
California Probationers and Parolees Not Similarly Situated As To Eligibility For Prop. 36 Drug Tr by John Dannenberg California Probationers and Parolees Not Similarly Situated As To Eligibility For Prop. 36 Drug Treatment by John E. Dannenberg The California State Supreme Court held that Equal Protection claims as to parolees …
Article • March 15, 2006 • from PLN March, 2006
Dallas Fake Drug Cases Settle For Millions, Jury Awards Damages by by Michael Rigby In 2001, police officers in Dallas, Texas, made 33 arrests in what has since become known as the fake drug scandal." The victims were all charged with possessing cocaine, based on supposedly positive field tests of …
Article • March 15, 2006 • from PLN March, 2006
New York City Pays $75,000 for 28.5 Days False Imprisonment by On September 8, 2005, the City of New York, New York, settled for $75,000 a prisoner's lawsuit alleging 28.5 days false imprisonment. Plaintiff William Perocier, Jr., a 31 year old tow truck driver, was sentenced to six months in …
Article • March 15, 2006 • from PLN March, 2006
Florida Awards $2 Million to Wrongfully Convicted Man by At its special session in December 2005, the Florida Legislature passed a bill to pay 44-year-old Wilton Dedge $2 million as compensation for a rape he did not commit. Dedge spent 22 years in Florida prisons for the sexual assault and …
Wrongfully Imprisoned D.C. Disabled Man Settles Suit For $1.74 Million by by Michael Rigby The District of Columbia and a private medical provider have agreed to pay $1.74 million to Joseph Heard, a deaf, mute, and mentally disabled man who was wrongfully imprisoned in the D.C. jail for nearly two …
Article • March 15, 2006 • from PLN March, 2006
$3.6 Million Awarded in Rape and Murder by Erroneously Released NY Prisoner by The New York Court of Claims awarded $3,621,632 to the estate of a woman who was raped and murdered by a prisoner who was mistakenly released early. The court also awarded $1,950,000 to another woman who was …
Washington State Forensic Scientist Helps Convict the Innocent, FBI Assists by by Matthew T. Clarke Washington State Patrol crime lab forensic scientist Charles Vaughan had no problem finding new employment after he helped convict two innocent Oregon State men of murder when he worked as a state forensic scientist in …
Article • March 15, 2006 • from PLN March, 2006
Appointment Of Counsel Ordered To Determine California Prisoner's Request For Post-Appeal DNA Testin by Appointment Of Counsel Ordered To Determine California Prisoner's Request For Post-Appeal DNA Testing In a case of first impression, the California Court of Appeal strictly construed Penal Code § 1405 to require that the Superior Court …
BOP Enjoined from Terminating Boot Camp Program by A Massachusetts federal district court has entered a preliminary injunction against the Bureau of Prisons (BOP), enjoining it from terminating its boot camp" incarceration program, pending compliance with the Administrative Procedures Act (APA), and requiring good faith consideration of the plaintiff for …
Article • March 15, 2006 • from PLN March, 2006
Sixth Circuit Upholds Michigan Ban On Prisoner Appeals of Discretionary Denials of Parole by The Sixth Circuit U.S. Court of Appeals upheld Michigan's lately revised statute that forecloses state prisoners from challenging discretionary denials of parole. Because the former availability of such a challenge had led to thousands of mostly …
Fourth Circuit Reverses $35,934.66 Habeas Fee Award; Habeas Corpus Not Civil Action Under EAJA by Fourth Circuit Reverses $35,934.66 Habeas Fee Award; Habeas Corpus Not Civil Action Under EAJA The Fourth Circuit Court of Appeals reversed a district courts award of $35,934.66 in attorneys fees, costs, and expenses under the …
Article • March 15, 2006 • from PLN March, 2006
Filed under: Sentencing, Parole
California Lifer's Understanding of Plea Agreement Does Not Create Entitlement to Parole by In 1984, Peter Honesto committed a murder in the course of kidnapping and robbery, exposing him to California's death penalty or life without parole. He accepted a plea agreement for 17-life for second degree murder. When later …
Pre-Trial Defendant Released on Recognizance Is Not Subject to Warrantless Search Without Probable C by Pre-Trial Defendant Released on Recognizance Is Not Subject to Warrantless Search Without Probable Cause by John E. Dannenberg In a case of national first impression, the Ninth Circuit U.S. Court of Appeals held that when …
Article • March 15, 2006 • from PLN March, 2006
California Pays Innocent Prisoner $328,000 for Nine Years in Prison by John Dannenberg by John E. Dannenberg For only the twelfth time since 1981, California paid a wrongfully imprisoned person for his troubles. After serving nine years of a 27-life 1995 sentence for rape, a 38 year-old man was recently …
Second Circuit Upholds Guard's Rape Sentence Under Federal Guidelines by The U.S. Court of Appeals for the Second Circuit held that multiple counts of prisoner sexual abuse against a prison guard had been properly grouped under federal sentencing guidelines. While employed as a guard at the federal prison in Danbury, …
Article • February 15, 2006 • from PLN February, 2006
2005 Audit of California Parole Board Reveals Ongoing Deficiencies by The California Office of the Inspector General (OIG), the state's official watchdog" agency, conducted an audit of the Board of Prison Terms (BPT) in July 2005 to determine compliance with the OIG's prior recommendations to correct deficiencies and inefficiencies it …
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