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Marsden Hearing Required When Defendant Puts Forward Plausible Ineffective Assistance of Counsel Claim by On April 11, 2008, the Court of Appeal of the State of California, Fifth District, remanded a criminal case for a hearing to determine whether an attorney was ineffective for failing to call two witnesses in …
Court Refuses to Overturn Guard’s Civil Rights Conviction by U.S. District Judge Jack Zouhary has denied a former guard’s Rule 29 motion for judgment of acquittal. Seth Burke was charged with civil rights violations for using excessive force on prisoners at the Lucas County Jail in Ohio. Burke kicked one …
Article • July 15, 2009
Supreme Court Holds Magistrate Judge May Conduct Voir Dire Without Defendant’s Personal Consent by A federal magistrate judge may conduct voir dire in a criminal case upon consent of a defendant’s attorney. No personal consent by a defendant is necessary, the Supreme Court decided May 12, 2008. Homero Gonzalez was …
Army Medic Gets Life for Murdering Iraqi Prisoners/Abu Ghraib Prison Reopens by Matthew Clarke By Matt Clarke On February 20, 2009, a medic in the U.S. Army was sentenced to life in prison for his part in the 2007 murder of four Iraqi prisoners in Baghdad. The next day, the …
Article • June 15, 2009
Delayed Order Designating Issues in Texas Habeas Action Has No Effect by On June 4, 2008, the Texas Court of Criminal Appeals (CCA) held that an untimely order designating issues entered by a state district court in a state habeas action is of no effect and the district clerk was …
Cheney and Gonzales Indicted in Connection with Private Prison in Texas by Matthew Clarke Cheney and Gonzales Indicted in Connection with Private Prison in Texas by Matt Clarke On November 17, 2008, a Texas grand jury returned an indictment against then-Vice President Richard B. Cheney and former U.S. Attorney General …
Article • June 15, 2009 • from PLN June, 2009
Jury Nullification: Power To The People by Paul Butler Jury nullification is power to the people. It’s a constitutional doctrine that allows juries to acquit defendants who are technically guilty, but who don’t deserve punishment. Does this sound like anyone you know? As a former prosecutor, I think it sounds …
South Carolina Prison Official Remained on the Job a Year After Indictment by South Carolina Prison Official Remained on the Job a Year After Indictment The deputy director over medical and health services for the South Carolina Department of Corrections (SCDOC) was suspended without pay in November 2008. His suspension, …
Sixth Circuit Upholds Conviction and Sentences for Jail Guards Accused of Abusing, Killing Prisoners by Brandon Sample Sixth Circuit Upholds Conviction and Sentences for Jail Guards Accused of Abusing, Killing Prisoners by Brandon Sample On February 4, 2008, the U.S. Court of Appeals for the Sixth Circuit upheld the conviction …
Article • June 15, 2009 • from PLN June, 2009
Madoff Fraud Bankrupts JEHT Foundation, Hurts Criminal Justice Reform Efforts by Matthew Clarke Madoff Fraud Bankrupts JEHT Foundation, Hurts Criminal Justice Reform Efforts by Matt Clarke Wall Street mogul Bernard Madoff’s $50 billion Ponzi scheme has led to the closure of a New York-based charity devoted to reducing the booming …
California DA Says Incarceration Rate a Measure of His Success – Despite Wrongful Convictions, Prosecutorial Misconduct by Gary Hunter California DA Says Incarceration Rate a Measure of His Success – Despite Wrongful Convictions, Prosecutorial Misconduct by Gary Hunter Ed Jagels, District Attorney for Kern County, California, is concerned that his …
Article • June 15, 2009 • from PLN June, 2009
Sheriff “Hollywood Hewett” Sentenced to 16 Months by Mark Wilson Sheriff “Hollywood Hewett” Sentenced to 16 Months by Mark Wilson Like a moth to a flame, North Carolina Sheriff Ronald Hewett had a fatal attraction to television cameras and the bright spotlight. In the end, “Hollywood Hewett’s” mistress betrayed him, …
Article • June 15, 2009 • from PLN June, 2009
$155,000 Settlement in Sexual Assault of Washington Jail Prisoner by $155,000 Settlement in Sexual Assault of Washington Jail Prisoner Washington State’s King County Jail has paid $155,000 to settle a lawsuit brought by a female prisoner who was sexually assaulted by two guards. While imprisoned at the Jail between August …
Florida U.S. District Court Rescinds Policy Restricting Access to Plea Agreements by David Reutter Florida U.S. District Court Rescinds Policy Restricting Access to Plea Agreements by David M. Reutter The Chief Judge for the U.S. District Court for the Southern District of Florida has entered an order that rescinds a …
Oregon Prison Romance Nets Probation/Community Service by Oregon Prison Romance Nets Probation/Community Service A prison romance earned a female Oregon prison contractor a felony conviction, probation and 80 hours of community service. Fifty-seven-year-old Sharon Simovic was a contractor at the Columbia River Correctional Institution (CRCI), a minimum-security prison in Portland, …
Article • June 15, 2009 • from PLN June, 2009
Federal Prisoner Dies During Illicit Tryst With His Wife by Desmond A. Greene, a prisoner at the Big Sandy federal prison in Martin County, Kentucky, was in his bunk just after midnight on October 5, 2008. But at 1:12 a.m. his wife, Susan A. Witherspoon, was banging on the front …
Article • June 15, 2009 • from PLN June, 2009
Oregon Prison Manager Indicted for Misusing Prison Credit Cards by Oregon Prison Manager Indicted for Misusing Prison Credit Cards A former manager at a minimum-security prison in Salem, Oregon has been indicted for improperly using prison credit cards. Kenneth C. Robertson, 46, began working for the Oregon Department of Corrections …
Sexual Abuse by Prison and Jail Staff Proves Persistent, Pandemic by Gary Hunter Sexual assault, rape, indecency, deviance. These terms represent reprehensible behavior in our society. They also represent recurring themes in our nation’s prisons – not only by prisoners, but also by guards and other staff members. PLN’s August …
State Auditor: Texas Prisoners Face Retaliation for Airing Grievances by Matthew Clarke State Auditor: Texas Prisoners Face Retaliation for Airing Grievances by Matt Clarke In September 2008, the Texas State Auditor released a report on the investigation and resolution of complaints in the Texas Department of Criminal Justice (TDCJ). The …
Caging Kids for Cash: Two Pennsylvania Judges Guilty of Selling Out Juvenile Justice System by Matthew Clarke Caging Kids for Cash: Two Pennsylvania Judges Guilty of Selling Out Juvenile Justice System by Matt Clarke Judges are supposed to be the protectors of our constitutional rights. They are expected to be …
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