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Article • February 15, 2012
New York Prison Disciplinary Procedures Violate Due Process, But That’s OK by The U.S. Southern District of New York determined that prisoners’ due process rights were violated, but found in favor of defendants. Abdel-Jabbor Malik, a New York state prisoner, was served with an “Inmate Misbehavior Report” for violating prison …
Article • February 15, 2012
Sixth Circuit: “Security Threat Group” Designation Does Not Warrant Due Process Protections by In 2005, the Sixth Circuit Court of Appeals affirmed a district court's rulings against Michigan prisoner Keith Harbin-Bey, who in 2003 had filed a pro se civil rights lawsuit pursuant to 42 U.S.C. § 1983 alleging that, …
Colorado Prison Murder Prosecutions Include Coerced Witnesses, Withholding of Evidence by In January 2011, a Powers County, Colorado jury acquitted a prisoner who was charged in the stabbing death of another prisoner. Prior to trial, prison officials were accused of using coercion to persuade prisoners to testify for the prosecution, …
Oregon’s Attorney General Accused of Botched, Abusive Prosecutions by Mark Wilson As previously reported in PLN, the Oregon Department of Justice (ODOJ) recently turned its prosecutorial power against a hotshot small-town district attorney. [See: PLN, Oct. 2011, p.39]. By the time it was over the DA had resigned, but the …
Texas Court of Criminal Appeals Rules Against Parole Board on Imposition of Sex Offender Restrictions on Non-Sex Offenders by Matthew Clarke by Matt Clarke The Texas Court of Criminal Appeals held that the Texas Board of Pardons and Paroles was required to provide due process in the form of a …
Article • February 15, 2012
Seventh Circuit: Crawford Not Applicable to Revocation Hearings by On May 2, 2006, the Seventh Circuit held that the Sixth Amendment right to confrontation and cross-examination of witnesses as set forth in Crawford v. Washington, 561 U.S. 36 (2004), does not apply to revocation hearings. Lamond D. Kelley, a federal …
California: Prior Conviction for Being a “Felon in Possession of Firearm” Admissible as Evidence in Subsequent Criminal Trials by The California Court of Appeal has held that a prior conviction for being a felon in possession of a firearm is a crime of moral turpitude, and therefore that evidence of …
Problems at North Carolina State Bureau of Investigation Crime Lab by Recent revelations of shoddy blood analysis at the North Carolina State Bureau of Investigation (SBI) crime lab led to an investigation that uncovered at least 190 cases of serious blood work errors in criminal cases. Those cases included three …
BOP Fails to Prove Non-Exhaustion Following Pavey Hearing by Mark Wilson On June 7, 2011, an Illinois U.S. District Court held that federal prison officials had failed to satisfy their burden of proving a prisoner did not exhaust administrative remedies before bringing suit. Chad Alan Hicks was confined at the …
Brief • January 6, 2012
Sanders and Phillips v. City of New York, NY, Complaint, false arrest malicious prosecution unlawful detention, 2012 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK - - - - -- - - - - - - - - - - - - - - - - - - - …
Anatomy of False Confessions, Redux by Earlier this year PLN reported on the phenomenon of suspects who falsely confess to crimes they did not commit. [See: PLN, April 2011, p.18]. As false confessions occur in wrongful conviction cases with disturbing regularity, this article revisits and expounds on this important topic …
Illinois DOC Sued to Accommodate Hearing Impaired Prisoners by A class-action lawsuit filed on May 4, 2011 is challenging the failure of the Illinois Department of Corrections (IDOC) to provide assistance to prisoners who are deaf or hard of hearing. The complaint, filed in federal court, alleges violations of the …
$1 Million Settlement in Texas Wrongful Conviction Suit by On March 31, 2011, a man who had been falsely convicted of burglary, rape and sexual abuse accepted a $1 million settlement after being exonerated by DNA evidence. Donald Wayne Good filed a 42 U.S.C. § 1983 civil rights suit in …
Article • November 15, 2011
$200,000 Jury Award in Illinois False Arrest, Malicious Prosecution Suit by An Illinois state jury awarded $200,000 in a malicious prosecution suit brought by Rodolfo Rivera. While he was at a social gathering around midnight on June 24, 2006, other people arrived in the area looking for trouble. Someone called …
Article • November 15, 2011 • from PLN November, 2011
“Public Concern” Test Does Not Apply to Prisoner Retaliation Claims; Speech Must be Consistent with Status as a Prisoner by Brandon Sample The “public concern” test does not apply to prisoner claims of retaliation, the U.S. Court of Appeals for the Seventh Circuit held on March 31, 2010. Nonetheless, to …
Article • November 15, 2011 • from PLN November, 2011
BOP Evidence-Handling “Grave Miscarriage of Justice”; Charges Dismissed by Federal Judge by On March 18, 2011, a federal judge in Oregon dismissed criminal charges against a federal prisoner due to mishandling of evidence by the U.S. Bureau of Prisons (BOP). In August 2009, BOP prisoner Jose Sanchez-Arce, 32, and another …
Ninth Circuit: California Prisoner Need Not Appeal from Satisfactory Grievance Response in Order to Exhaust Administrative Remedies by Michael Brodheim Clarifying “the boundaries of proper exhaustion” within the context of California’s prison system, the Ninth Circuit Court of Appeals held that a prisoner “has no obligation to appeal from a …
Article • November 15, 2011 • from PLN November, 2011
Iowa Supreme Court Rules That Sex Offender Treatment Program Requires Due Process Protections by The Iowa Supreme Court held in two companion cases that the Iowa Department of Corrections’ (IDOC) Sex Offender Treatment Program (SOTP) deprived prisoners of due process of law. Before 2001, Iowa prisoners “were eligible for a …
Article • November 15, 2011
New York Prison Disciplinary Conviction Upheld by On June 9, 2011, New York’s Third Judicial Appellate Court affirmed a prisoner’s disciplinary conviction. Scott Irwin received a misconduct report after a scuffle with a guard that resulted in the discovery of a shank. Irwin was sanctioned initially to 30 months of …
Sixth Circuit Upholds $2.5 Million Jury Award for Wrongly Convicted Women by Matthew Clarke By Matt Clarke On April 12,2011, the Sixth Circuit Court of Appeals issued an opinion upholding the $2.5 million jury award and $250-per-hour attorney-fees award to two women who were wrongly convicted of felonies. Kimberly Sykes …
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