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Supreme Court Holds Prosecutors Immune from Using False Snitch Testimony to Gain Wrongful Conviction by John Dannenberg Supreme Court Holds Prosecutors Immune from Using False Snitch Testimony to Gain Wrongful Conviction by John E. Dannenberg On March 28, 2007, the Ninth Circuit U.S. Court of Appeals ruled that a California …
Article • March 15, 2009 • from PLN March, 2009
Filed under: Sentencing, Habeas Corpus
California Appellate Court Grants Writ, Reverses Governor, Reinstates PLN Writer’s Grant of Parole by Marvin Mentor California Appellate Court Grants Writ, Reverses Governor, Reinstates PLN Writer’s Grant of Parole by Marvin Mentor The California Court of Appeal, 6th District, has twice granted the habeas petition of PLN contributing writer John …
Article • February 15, 2009 • from PLN February, 2009
California Sex Offender’s Probation Travel Restrictions Abated by John Dannenberg by John E. Dannenberg Kenneth Smith was convicted of committing a lewd act on his stepdaughter and sentenced to three years in prison, which was suspended in lieu of five years probation. Upon learning that Los Angeles County had a …
Article • February 15, 2009
Three-Judge Federal Court Compels California DOC to Produce Documents by The three-judge federal panel that was convened to consider reducing California’s prison population, so as to remedy constitutionally inadequate medical care and mental health care, has granted a motion to compel filed by the prisoner-plaintiffs. The court compelled the California …
Article • February 15, 2009
California: 1st Degree Occupied Burglary Doesn’t Bar Working in Licensed Community Care Facilities by Convicted felons suffer many civil disabilities, even after discharge from custody and post-release supervision. In California, a person whose criminal past includes a “crime against a person” is precluded from working in a state-licensed community care …
Article • February 15, 2009
California SVP Act Allows Indeterminate Department Of Health Commitment by California Sexually Violent Predator (SVP) Ronald Carroll appealed his indeterminate commitment to the State Department of Mental Health (DMH) after a two year statutory commitment provision was amended. The commitment was affirmed. Carroll was convicted of rape in 1970 and …
Article • February 15, 2009
$210,000 Settlement For Execution Of Dog By Richmond, California Police by Richmond (California) residents Cynthia Peters and Mark Parr brought a federal action against Richmond police who shot their dog while pursuing a suspect. The suit settled for $225,000. Two Violence Suppression Unit police officers were pursuing a suspected drug …
Article • February 15, 2009
California Presentence Confinement Credit Not Applicable To Time On Bail by The Ventura County (California) District Attorney (DA) appealed a 2006 award of 434 days presentence confinement credit to a state prisoner subjected to electronic monitoring on bail prior to her conviction. The award was reversed. Esther Anaya was entrusted …
Article • February 15, 2009
California Assesses Retroactive Fees For Courthouse Construction by California State prisoner Timothy McCoy appealed the assessment of fines and penalties after violating the terms of his probation. The assessment was affirmed after resolving ambiguous statutory provisions. The court noted that the decision was only applicable in Los Angeles County and …
Article • February 15, 2009
California Court Security Maintenance Fee Held Retroactive, Not Punitive by California State prisoner Tracy Alford sought review of an appellate affirmation allowing the retroactive imposition of a fee in addition to his sentence. The court held that the fee was not punitive and that the Legislature clearly intended for the …
Article • February 15, 2009
California Prison Sentence Credits Based On Crime, Not Pleaded Offense by California State prisoner Damian Pacheco challenged the work time credit applied to his sentence pursuant to statutorily mandated violent crime enhancement, although he pled to a lesser offense. His state habeas corpus petition was denied. Pacheco broke a wooden …
Article • February 15, 2009
$250,000 Settlement After LA Sheriff's Bullet Hits Innocent Bystander by The County of Los Angeles (L.A.) proposed a settlement of $250,000 after an innocent bystander was wounded by a ricocheting bullet. An investigation cleared sheriff's deputies of any wrongdoing but litigation was feared to result in a greater loss. L.A. …
Corruption in Orange County, CA Sheriff’s Department Revealed; Sheriff Resigns, Convicted on Criminal Charges by Marvin Mentor Corruption in Orange County, CA Sheriff’s Department Revealed; Sheriff Resigns, Convicted on Criminal Charges by Marvin Mentor Former Orange County, California Sheriff Michael S. Carona and many of his staff at the Theo …
Article • February 15, 2009 • from PLN February, 2009
Notwithstanding Federal Healthcare Receiver, California Prisoners Can Still Use State Habeas Corpus to Redress Medical Complaints by The California Court of Appeal, Fifth Appellate District, held that even though the California Department of Corrections and Rehabilitation (CDCR) was under the supervision of a court-appointed federal healthcare Receiver, state prisoners nonetheless …
Article • February 15, 2009 • from PLN February, 2009
Supreme Court of Canada: No Wage Loss Compensation While in Prison Caused by Sexual Assault by Staff by Supreme Court of Canada: No Wage Loss Compensation While in Prison Caused by Sexual Assault by Staff On February 8, 2008, the Supreme Court of Canada ruled that a prisoner cannot recover …
Article • February 15, 2009 • from PLN February, 2009
Alameda County, CA Settles Jail Suicide Suit for $800,000 by Alameda County, CA Settles Jail Suicide Suit for $800,000 Following a mistrial, California’s Alameda County settled a wrongful death claim resulting from a jail detainee’s suicide for over $800,000. The federal lawsuit was brought by the prisoner’s minor children. The …
Article • February 15, 2009 • from PLN February, 2009
Former California Prison Doctor Admits Negligence, Gets Probation; CDCR Medical Care Issues Still Unresolved by John Dannenberg by John E. Dannenberg Dr. Bonifacio Esperanza, a physician formerly employed by the California Department of Corrections and Rehabilitation (CDCR), was accused of gross negligence by the Medical Board of California for his …
Article • February 15, 2009 • from PLN February, 2009
Prisoner Litigation Swamps California Eastern District Court; Ninth Circuit Recruits Other Judges to Help by John Dannenberg Prisoner Litigation Swamps California Eastern District Court; Ninth Circuit Recruits Other Judges to Help by John E. Dannenberg The U.S. District Court, Eastern District of California, has reached a crisis stage due to …
Ninth Circuit: Orange County Jail PLRA Injunction May Not be Terminated as to Ongoing Violations by Ninth Circuit: Orange County Jail PLRA Injunction May Not be Terminated as to Ongoing Violations The Ninth Circuit U.S. Court of Appeals has held that evidence of ongoing American with Disabilities Act (ADA) violations …
Los Angeles Sheriff Department Report: Prisoner Lawsuits Slowed, But Payouts Grew by John Dannenberg Los Angeles Sheriff Department Report: Prisoner Lawsuits Slowed, But Payouts Grew by John E. Dannenberg In its July 2008 25th semi-annual report, the Los Angeles County Sheriff’s Department (LASD) reviewed prisoner litigation against the county in …
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