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California: Arrestee Not Guilty of “Bringing” Drugs into Jail by by John E. Dannenberg The California Court of Appeal has reversed the conviction of a Kings County man who was convicted of “bringing drugs into a jail” in violation of Penal Code § 4573, when the act of “bringing” was …
Article • January 15, 2009
California Appellate Court: “No Evidence” Supported Parole Denial for Triple Murderer by by John E. Dannenberg The California Court of Appeal has granted a habeas corpus petition filed by a triple murderer who was denied parole based upon the severity of his offenses, because his 29-year prison record showed no …
Article • January 15, 2009
L.A. Documents Ordered Produced Regarding False Arrest And Prosecution by California State resident Raul Ramirez sought production of documents pertaining to his unlawful arrest and prosecution of a crime he was subsequently acquitted. The documents were for use in his 42 U.S.C. § 1983 action and were ordered produced with …
Article • January 15, 2009
Remedy for Failure to Give California Parole Violator Timely Revocation Hearing is Release from Custody by by John S. Dannenberg The California Court of Appeals has held that when a parole violator is denied a timely revocation hearing that comports with the due process protections set forth in Valdivia v. …
Article • January 15, 2009
California Thwarts Due Process In "Medically Disordered Offender" Post Release Commitment Trial by California Mentally Disordered Offender (MDO) Roy Cobb, Jr., appealed a court order, imposed after his statutory release date, committing him to the state hospital. The order was affirmed because Cobb was put on notice prior to his …
California Ex Deputy Sheriff's Incriminating Statements Not Protected Under POBRA by Ventura County (California) and it's sheriff's department (County) appealed an injunction preventing their use of statements made by ex deputy Michael Van Winkle who was under investigation for criminal activity. Van Winkle asserted that his statements were protected under …
California Police Officer's Disciplinary Records Ordered Produced In Excessive Force Case by The San Diego (California) Police Department (SDPD) sought review of an appellate court order to produce derivative information, discovered in an earlier case, regarding a police officer accused of using excessive force. The order was affirmed. Tariq Chambers …
Article • January 15, 2009
California Prisoner's Misdemeanor Battery Charge Statutorily Enhanced To Felony by The California Supreme Court determined whether a state hospital prisoner was subject to felony charges under § 2684 for attacking a non confined person. Joey Watson was found to be statutorily subject to felony charges. Watson was transferred to the …
PLN Attorneys Awarded $137,672 for Post-Settlement Work in CDCR Censorship Case by John Dannenberg PLN Attorneys Awarded $137,672 for Post-Settlement Work in CDCR Censorship Case by John E. Dannenberg On April 10, 2008, the U.S. District Court for the Northern District of California awarded $137,672 in supplemental legal fees and …
Sentenced to rape: LGBT inmates face unusually high risk of sexual assault in prison by Meghann Myers Sentenced to rape LGBT inmates face unusually high risk of sexual assault in prison BY MEGHANN MYERS It's been 60 years since the United Nations General Assembly issued the Universal Declaration of Human …
Article • December 15, 2008 • from PLN December, 2008
Filed under: Sentencing, Habeas Corpus
“Habeas Hints” by Kent A. Russell by Kent Russell This column is intended to provide “habeas hints” to prisoners who are considering or handling habeas corpus petitions as their own attorneys (“in pro per”). The focus of the column is on habeas corpus practice under AEDPA, the 1996 habeas corpus …
California DOC Settles Sadistic, Hate-Motivated, Three-Year Starvation Death Of Sikh Prisoner For $1 Million by Marvin Mentor California DOC Settles Sadistic, Hate-Motivated, Three-Year Starvation Death Of Sikh Prisoner For $1 Million by Marvin Mentor The California Department of Corrections and Rehabilitation (CDCR) settled a lawsuit brought by the survivors of …
Article • December 15, 2008 • from PLN December, 2008
Filed under: Guards/Staff, Guard Unions
California Guards Union Investigated for Hiring Parolee for Office Job by California Guards Union Investigated for Hiring Parolee for Office Job In June 2008, California’s Office of the Inspector General (OIG), which oversees the state prison system, began investigating the prison guards union (CCPOA) for hiring a parolee as an …
Landmark 1980 California Death Row Federal Consent Decree Partially Terminated Under PLRA by John Dannenberg Landmark 1980 California Death Row Federal Consent Decree Partially Terminated Under PLRA by John E. Dannenberg A landmark 1980 federal consent decree that covers all manner of living conditions for San Quentin State Prison’s death …
Article • December 15, 2008 • from PLN December, 2008
Filed under: Money/Property, Restitution
Ninth Circuit: Statutory Increase in Restitution Payment Rate Does Not Violate Plea Agreement and is Not Ex Post Facto by Ninth Circuit: Statutory Increase in Restitution Payment Rate Does Not Violate Plea Agreement and is Not Ex Post Facto The Ninth Circuit Court of Appeals, in a California state prisoner’s …
Publication • November 18, 2008
Private Audit of Orange County Jails, OCJAP, 2008 November 18, 2008 CROUTaSrD. CROUTaSrDA CRIMINAL JUSTICE CONSULTANTS, INC. Orange County Jail Assessment Project Crout & Sida Criminal Justice Consultants www.crout-sida-consulting.com Preface The Jail Security and Staffing Assessments (OCJAP) project began in July 2008 and encompassed a comprehensive assessment of one of …
Article • November 15, 2008 • from PLN November, 2008
CA Justice Commission: “Low bid, flat fee” Defense Attorney Hiring Scheme Shortchanges Indigent Criminal Defendants by John Dannenberg by John E. Dannenberg The California Commission on the Fair Administration of Justice (Commission) charged that the practice of California counties to use competitive bidding for private attorneys to represent indigent criminal …
Errantly Paroled Mentally Ill San Quentin Prisoner Commits Mayhem In San Francisco by Errantly Paroled Mentally Ill San Quentin Prisoner Commits Mayhem In San Francisco When San Quentin, California state prison employees released mentally ill prisoner Scott Thomas onto parole on the night of Friday, May 18, 2007, they committed …
Article • November 15, 2008 • from PLN November, 2008
Pre-Release Jail-Abuse Questionnaires Said to Pressure Prisoners by John Dannenberg by John E. Dannenberg Civil rights advocates and attorneys have raised concerns over a recent policy implemented by the Sacramento County, California jail system whereby prisoners are asked to sign a “screening form” prior to release that inquires whether they …
Article • November 15, 2008 • from PLN November, 2008
California Juvenile Jail Ward, Brain Damaged from Suicide Attempt, Awarded $4.6 Million by California Juvenile Jail Ward, Brain Damaged from Suicide Attempt, Awarded $4.6 Million A teenager incarcerated at a Kings County, California boot camp sustained permanent brain damage after he attempted suicide. His father then sued the county for …
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