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Is Solitary Confinement a Punishment?, Northwestern University Law Review, 2020 ROUGH DRAFT IS SOLITARY CONFINEMENT A PUNISHMENT? John F. Stinneford Nulla poena sine lege—no punishment without law—is one of the oldest and most universally accepted principles of English and American law. 1 Today, thousands of American prisoners are placed in …
Article • May 5, 2020
Third Circuit Upholds Federal False Liens Conviction and 48-Month Sentence by Mark Wilson by Mark Wilson  The United States Court of Appeals for the Third Circuit affirmed a Pennsylvania man’s federal false liens convictions. The court concluded that 18 USC § 1521 is not unconstitutionally vague and overbroad, and the …
Article • May 1, 2020 • from PLN May, 2020
Paroled New Yorker Wrongfully Confined; Awarded $3,250 by Kevin Bliss by Kevin Bliss Clarence Delaney, Jr. was granted $40 per day for 88 days of unlawful confinement by the State of New York, receiving a total payment of $3,250. He also was able to recover his 42 USC § 1983 …
Article • May 1, 2020 • from PLN May, 2020
Recent Exonerees Give the Public Advice on Being Locked Down: You Have No Idea by Dale Chappell by Dale Chappell Now the whole country is incarcerated,” Theophalis “Binky Bilal” Wilson said after being released in January 2020, exonerated after 28 years wrongfully in prison, only to find himself locked in …
Article • May 1, 2020 • from PLN May, 2020
Filed under: Overdetention, Suicides
Suit: Mississippi Man Sentenced to Two Days Hangs Himself After Jail Kept Him 52 Days Longer by Douglas Ankney by Douglas Ankney After he lost work and was unable to pay a fine, Robert Wayne Johnson was sentenced to the Keller Neshoba Regional Correctional Facility (KNRCF) in rural Kemper County, …
Publication • May 1, 2020
U.S. Prison Decline: Insufficient to Undo Mass Incarceration, The Sentencing Project, 2020 U.S. PRISON DECLINE: INSUFFICIENT TO UNDO MASS INCARCERATION U.S. Prison Decline: Insufficient to Undo Mass Incarceration By yearend 2018, the U.S. prison population reached 1.4 million people, declining by 9% since reaching its peak level in 2009. This …
Brief • April 2, 2020
Filed under: Wrongful Conviction
State of Florida v. Cure, FL, Conviction Review Memorandum, Wrongful Conviction, 2020 MICHAEL J. SATZ STATE ATTORNEY SEVENTEENTH JUDICIAL CIRCUIT OF FLORIDA BROW ARD COUNTY COURTHOUSE 201 SE 6TH ST, SUITE 07130 FORT LAUDERDALE, FL 33301-3360 PHONE (954) 831-6955 CONVICTION REVIEW UNIT MEMORANDUM FROM: DATE: RE: Arielle Demby Berger Assistant …
Article • April 1, 2020 • from PLN April, 2020
Massachusetts Supreme Court Orders DOC to Free Terminally Ill Prisoners After DOJ Investigates Mistreatment by Bill Barton by Bill Barton On January 28, 2020, the Massachusetts Supreme Judicial Court (SJC) voided several regulations used by the state Department of Correction (DOC) to justify denying 29 petitions by prisoners for medical …
Article • April 1, 2020 • from PLN April, 2020
Fund to Pay Wrongfully Convicted Prisoners in Michigan Is Broke Once Again by David Reutter by David M. Reutter With the 2016 passage if its Wrongful Imprisonment Act, Michigan became one of 33 states with legislation creating a fund to compensate wrongfully convicted people, paying them $50,000 per year of …
Article • April 1, 2020 • from PLN April, 2020
Filed under: Parole, State Legislation
California’s New “Progressive” Governor Seeks to Halt Parole for Some Murderers and “Serious” Offenders by Bill Barton by Bill Barton Then convicted Newport Beach sex offender Trenton Veches won parole in mid-March 2019, it was granted despite opposition by California Gov. Gavin Newsom, who has otherwise displayed a progressive criminal …
Article • April 1, 2020 • from PLN April, 2020
Illinois Prisoner Locked Up Decades Without a Conviction or Sentence by Bill Barton by Bill Barton On October 11, 1982 Terry Allen was arrested and charged with sexual assault, after he allegedly forced a woman he’d just met at the McDonalds where she was employed to drive him in her …
Article • April 1, 2020 • from PLN April, 2020
Filed under: Wrongful Conviction
California Exonerees Not Quite Innocent Under the Law by Anthony Accurso by Anthony W. Accurso Many prisoners who get their convictions overturned, especially after serving lengthy prison terms, rightly expect to be compensated when they prove they never should have been prosecuted. However, exonerees in California often face a difficult …
Green v. Florez, IL, Settlement, Wrongful Conviction, 2020 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION PIERRE GREEN, Plaintiff, v. The CITY OF CHICAGO, et al., Defendants. ) ) ) ) ) ) ) ) ) Case No. 15 C 7928 Judge Martha M. …
Smith v. GEO Group, NM, Complaint, Excessive Detention, 2020 FILED 1st JUDICIAL DISTRICT COURT Santa Fe County 3/24/2020 1 :20 PM KATHLEEN VIGIL CLERK OF THE COURT Jorge Montes STATE OF NEW MEXICO COUNTY OF SANTA FE FIRST JUDICIAL DISTRICT JEREMY 0. SMITH, Plaintiff, D-101 -CV-2020-00836 Case assigned to Biedscheid, …
Brief • March 19, 2020
Filed under: COVID-19, Bail
U.S. v. Stephens, NY, Opinion & Order, Bail Denial, 2020 Case 1:15-cr-00095-AJN Document 2798 Filed 03/19/20 Page 1 of 7 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK 3/19/20 United States of America, –v– 15-cr-95 (AJN) Dante Stephens, OPINION & ORDER Defendant. ALISON J. NATHAN, District Judge: At the …
Article • March 15, 2020
Federal Circuit Affirms Dismissal of Prisoner's Non-Prison Lawsuit Under PLRA's 3-Strikes Rule, Even Though Unrelated to Prison Conditions by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Federal Circuit affirmed the dismissal of a Native American prisoner’s lawsuit against the United States involving Indian affairs, citing …
Brief • March 11, 2020
Onosamba-Ohindo v. Barr, NY, Writ of Habeas Corpus Petition, Jail Detention-ICE, 2020 Case 1:20-cv-00290 Document 1 Filed 03/11/20 Page 1 of 19 UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NEW YORK JUNIOR ONOSAMBA-OHINDO and ANTONIO LOPEZ AGUSTIN, on behalf of themselves and all others similarly situated, Petitioners-Plaintiffs, v. …
Article • March 4, 2020 • from PLN March, 2020
Filed under: Pardons/Clemency
Get Celebrity Endorsement and Get Pardoned by Douglas Ankney by Douglas Ankney President Trump purchased an ad during the February 2 Super Bowl directed at African American voters that depicted black grandmother Alice Johnson in tears, saying, “I’m free to hug my family. I’m free to start over. This is …
Article • March 4, 2020 • from PLN March, 2020
Filed under: Bail
Court Grants Bail to Ex-Peruvian President Challenging Extradition Due to Solitary Confinement by Dale Chappell by Dale Chappell On October 10, 2019, U.S. District Court Judge Vince Chhabria in San Francisco granted bail to former Peruvian President Alejandro Toledo, requiring him to be released on a $1 million bond under …
Article • March 4, 2020 • from PLN March, 2020
Filed under: Habeas Corpus
California: Qualified Attorney Work-Product Protection Applies to Discovery During Habeas Proceedings by Douglas Ankney by Douglas Ankney In October 2, 2019, the California Court of Appeal for the Second Appellate District ruled that the qualified attorney work-product protection doctrine applies in habeas corpus proceedings. In 1997, a jury convicted Samuel …
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