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Article • May 15, 2007
Insane Prisoner Cannot Be Executed by The United States Supreme Court held the Eighth Amendment prohibits the state from inflicting the penalty of death upon a prisoner who is insane, and that Florida Statute § 922.07 was inadequate to assure adequate facts are developed to make a determination of a …
Indigents Cannot be Denied Post-Conviction Transcripts or Appeals by The United States Supreme Court held that a state may not deny post-conviction appellate review to a prisoner, who could not afford the to acquire a transcript of the proceedings. Oddly, this case stems from the 1945 Indiana enactment of the …
Ad Seg for Death-Eligible Detainee Is Unconstitutional by A federal court in Puerto Rico held that confinement of a federal pretrial detainee in segregation solely because he faced the death penalty was unconstitutional punishment. It also held that the exhaustion requirement of the Prison Litigation Reform Act, (PLRA) was inapplicable …
BOP Can Perform Autopsy Over Executed Prisoner's Religious Objection by A federal statute prescribes that federal death sentences be implemented consistently with the law of the state where the sentence was imposed, even if the execution is to take place elsewhere. State procedures take precedence over inconsistent regulations promulgated by …
Article • May 15, 2007
Preliminary Injunction Denied in Virginia Lethal Injection Challenge by The plaintiff sought a preliminary injunction in the form of a stay of execution based on his claim that the means by which he was to be executed violated the Eighth Amendment. Virginia law lets the condemned person choose the method, …
Article • May 15, 2007
No Media Filming of Missouri Execution Allowed by Two Reverends and the New Life Evangelistic Center challenged the prison system's ban on cameras and tape recorders at executions. The case is not mooted by the completion of the execution the plaintiffs wanted to videotape. The case falls squarely within the …
Article • May 15, 2007
Florida Lethal Injection Challenge Rejected by The plaintiff's § 1983 challenge to execution by lethal injection is the functional equivalent of a habeas corpus petition--in this case, a successive one, for which the plaintiff had not obtained permission from the Court of Appeals. The grant of certiorari in Nelson v. …
Article • May 15, 2007
Fifth Circuit Affirms Dismissal Of Suit For Execution Protocol Absent Stating Alternatives by Texas death row prisoner Donald Aldrich challenged the dismissal of his § 1983 lawsuit alleging Eighth and Fourteenth Amendment violation to the constitutionality of Texas's execution protocol. The district court claimed no issue in which relief could …
Police Denied Qualified Immunity for Fabricated Evidence by The Fourth Circuit court of Appeals affirmed a lower court's denial of summary judgment to a Virginia State Police agent who fabricated evidence in a capital case. Rebecca Williams was raped and murdered on June 4, 1982. Before she died, Williams stated …
Article • May 15, 2007 • from PLN May, 2007
Missouri’s Lethal Injection Protocol Unconstitutional; Executions Stayed by Missouri's Lethal Injection Protocol Unconstitutional; Executions Stayed Finding the current method of Missouri's execution of prisoners by lethal injection subjected condemned prisoners to "an unacceptable risk of suffering unconstitutional pain and suffering," a Missouri federal district court stayed all executions in the …
Innocent Idaho Prisoner Receives $900,000 for 21 Years Wrongful Incarceration by After spending nearly twenty-one years incarcerated for murder, Donald M. Paradis was released from Idaho?s death row on April 10, 2001. Now, just over fiver years later, Paradis is set to receive $900,000 for his wrongful conviction and incarceration. …
Article • May 15, 2007
District Court Approves Victim Impact Evidence in Death Penalty Cases by The Federal District Court for the Middle District of Pennsylvania, upheld the Federal Death Penalty Act as constitutional and approved, with restrictions, the use of victim impact evidence in a federal death penalty case. Michael J. O'Driscoll, a federal …
Article • May 15, 2007
Federal Death Penalty Held Unconstitutional by The United States District Court for the Southern District of New York has held that the Federal Death Penalty Act (FDPA), 18 U.S.C. §§ 3591-3598, is unconstitutional. Alan Quinones and Diego Rodriguez were charged with drug offenses and murder under various federal statutes. The …
Fact Issues Preclude Summary Judgment Of Prisoner's Sixth Amendment Claim by The U.S. Ninth Circuit Court of Appeals held that genuine issues of material fact precluded summary judgment of a prisoner's claim against prison officials for allegedly violating his Sixth Amendment right to self-representation. In 1976, Nevada state prisoner James …
Article • May 15, 2007
New Jersey Supreme Court Orders Parole, Halfway House Placement by The Supreme Court of New Jersey ordered a prisoner to be released on parole after satisfactory completion of 12 months in a halfway house. Thomas Trantino, a New Jersey state prisoner, was convicted of murdering a police officer in 1963. …
Article • May 15, 2007
Mentally Disturbed Prisoner Capable Of Own Litigation For Method Of Execution by The Fifth Circuit held Texas State prisoner Angel Maturino Resendiz was competent to litigate his 42 U.S.C. § 1983 suit alleging Eighth Amendment violation for the method of his execution; however, the lower court erred by dismissing with …
Article • May 15, 2007
Challenge to Maryland's Lethal Injection Procedure Allowed by The plaintiff challenged Maryland's lethal injection procedure, alleging that during the last execution the barbiturate leaked all over the floor. His claim is a proper § 1983 claim under Nelson v. Campbell, since the issue here is the administration of an IV, …
Article • March 15, 2007 • from PLN March, 2007
China’s Death Penalty On Wheels by Gary Hunter China's Death Penalty On Wheels by Gary Bunter China's death penalty has gone mobile. Death vans are now replacing firing squads as the preferred method of execution. In the past, condemned prisoners were executed publicly in prisons or court buildings. Kang Zhongwen, …
California Guard Murdered By Prisoner; Investigative Reports Blame Gross Staff Incompetence by Marvin Mentor A prison guard at the California Institution for Men (CIM) at Chino was stabbed to death in the Sycamore Hall housing unit on January 10, 2005 by an East Coast Crips gang-affiliated prisoner who had just …
Focus on Sex Offenders Increases While Number of Sex Offenses Decline by In September, 2006 the U.S. Bureau of Justice Statistics released its annual Crime Victimization report for 2005, which indicated a dramatic drop in the number of rapes and sexual assaults nationally. The 191,670 reported incidents represent an almost …
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