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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 …
Article • October 15, 2006 • from PLN October, 2006
Mumia Abu-Jamal Honored in Paris, France by Gary Hunter Prison Legal News columnist Mumia Abu-Jamal was recently honored by the citizens of Paris, France who named a street in his honor. The controversial Philadelphia figure has the dual distinction of being a hero in one country and a villain in …
Article • October 15, 2006 • from PLN October, 2006
Supreme Court: Lethal Injection Procedure May Be Challenged Via § 1983 by John Dannenberg by John E. Dannenberg A unanimous U.S. Supreme Court held that a condemned prisoner's challenge to the procedure used in lethal injection may be brought in 42 U.S.C. § 1983 and need not be brought in …
Article • January 15, 2006 • from PLN January, 2006
President Bush Orders Compliance With World Court Order, Withdraws From Optional Protocol by by Matthew T. Clarke President Bush has ordered the states to comply with a March 2004 decision of the International Court of Justice, also known as the World Court. In that decision the World Court ruled that …
Article • January 15, 2006 • from PLN January, 2006
California's New Governor Has Paroled 102 Lifers, But Rejected Twice That Many by The good news is that as of September 30, 2005, California Governor Arnold Schwarzenegger has approved 102 lifers for parole since taking office two years ago, a vast improvement over former Governor Gray Davis' record of paroling …
Article • January 15, 2006 • from PLN January, 2006
Lethal Injection Painful, Study Suggests; U.S. Supreme Court to Consider Issue by by Michael Rigby Hundreds of prisoners killed by lethal injectionthe preferred method of execution in 37 states and the federal Bureau of Prisonsmay have suffered agonizing deaths due to a routine failure to administer enough anesthesia, according to …
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