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Article • September 15, 2009 • from PLN September, 2009
NY Slip Op 9308, 1 (N.Y. 2007). In doing so, the Court of Appeals rejected Haywood’s argument that Correction Law § 24 ran afoul of the Supremacy Clause of the U.S. Constitution because it interfered ...
Article • September 15, 2009 • from PLN September, 2009
and the overwhelming evidence presented at trial, the Sixth Circuit panel, by a 2-1 vote, found that Jordan and Bright did not violate Ortiz’s constitutional rights. Although noting in passing that prisoners have ...
. 26.05, particularly Art. 26.05(g), before costs are assessed against a defendant (who is usually indigent), the trial court must enter findings that the defendant is: 1) capable of, and 2) able to repay ...
Article • November 15, 2009 • from PLN November, 2009
in this country would be more effective: 1) restructured funding with an emphasis on treatment and prevention; 2) An emphasis on community-based sanctions and the elimination of mandatory minimums; 3) comprehensive ...
Article • November 15, 2009 • from PLN November, 2009
prisons would be moved to other facilities. [See: PLN, April 2009, p.1]. The Governor’s prison closure plan had its critics. State Attorney General John Suthers, for one, said he was concerned the proposed ...
Article • November 15, 2009 • from PLN November, 2009
and a half passed before he finally went to trial. In late 2008, jurors began hearing testimony from 60 witnesses in court proceedings that lasted two months. [See: PLN, Feb. 2009, p.1]. Carona first came ...
, serving 4 1/2 years on drug charges, was killed during a riot at the medium security Three Rivers Federal Correctional Institution. Twenty-two other prisoners were injured during the brawl, which reportedly ...
Article • August 15, 2008 • from PLN August, 2008
to be wrongfully incarcerated for 4 1/2 months as a result. The damage award was later reduced by almost half, but still represents an impressive outcome. Torry Smith, 22, and his girlfriend Patricia Gray lived ...
Article • August 15, 2008 • from PLN August, 2008
funds owing are not thus protected. The agreement provides that attorney fees of 33 1/3% of the $937,000 may be deducted from the prisoners’ settlement. In addition, the court awarded $325,000 ...
Article • August 15, 2008 • from PLN August, 2008
a business decision meant to avoid the potentially enormous costs of trials and appeals.” But how good a business decision is it to throw away $1 million of the taxpayers’ money when, if the county were ...
of Corrections’ supermax prison at Boscobel. [See, e.g., PLN, April 2002, p.1, Barbaric Conditions at Wisconsin Supermax Result in PI to Transfer Mentally Ill Prisoners]. The Seventh Circuit U.S. Court of Appeals ...
against unreasonable searches and seizures. See: Doe v. Prosecutor, Marion County, U.S.D.C., SD Ind., Case No. 1:08-cv-0436-DFH-TAB; 2008 WL 2600177. As states continue to enact more intrusive ...
Article • December 15, 2008 • from PLN December, 2008
.), Case No. 1:03-cv-21072-AJ. Townsend’s lawsuit against Broward County remains. That suit cites a “pattern and/or practice of misconduct” that dates back to the 1970s. Despite Townsend ...
Article • November 15, 2008 • from PLN November, 2008
. On October 1, 2008 the Supreme Court denied a petition for rehearing, and ordered only that a footnote be added to the original ruling relative to the penalty for rape under military law. See: Kennedy v ...
involving powder cocaine. The 100-to-1 statutory ratio between power and crack cocaine that results in disparate sentences for crack offenders has been hotly debated, including the racial element: Over 80 ...
Article • November 15, 2008 • from PLN November, 2008
McDonough was facing a system that was corrupt from the top down. [See: PLN, December 2006, pg 1]. Nearly half of FDOC’s 12,292 guards have less than five year’s experience. Many are sons ...
.” The best-behaved condemned prisoners (Grade A) may schedule 2 1/2 hour contact visits with friends and family; Grade B prisoners are restricted to non-contact visits. Since San Quentin’s ...
Article • December 15, 2008 • from PLN December, 2008
against Cook County, $1 million against the sheriff’s office, and $150,000 each against jail guards Jesus Facundo, Alex Sanchez and Terrance Toomey. U.S. District Court Judge Ruben Castillo told ...
Article • December 15, 2008 • from PLN December, 2008
for summary judgment. The Tenth Circuit found Roberts’ 3-year-and-one-day filing was timely under New Mexico’s controlling tolling statute, § 37-1-8, which provides three years to file suit ...
Article • January 15, 2009
with the question of “some evidence.” The court relied upon Superintendent v. Hill, 472 U.S. 1 (1979) for the proposition that because “some evidence” was the proper judicial review standard for prison disciplinary ...
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