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Article • March 15, 2020
Federal Circuit Affirms Dismissal of Prisoner's Non-Prison Lawsuit Under PLRA's 3-Strikes Rule, Even Though Unrelated to Prison Conditions by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Federal Circuit affirmed the dismissal of a Native American prisoner’s lawsuit against the United States involving Indian affairs, citing …
Brief • March 11, 2020
Onosamba-Ohindo v. Barr, NY, Writ of Habeas Corpus Petition, Jail Detention-ICE, 2020 Case 1:20-cv-00290 Document 1 Filed 03/11/20 Page 1 of 19 UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NEW YORK JUNIOR ONOSAMBA-OHINDO and ANTONIO LOPEZ AGUSTIN, on behalf of themselves and all others similarly situated, Petitioners-Plaintiffs, v. …
Article • March 4, 2020 • from PLN March, 2020
Filed under: Pardons/Clemency
Get Celebrity Endorsement and Get Pardoned by Douglas Ankney by Douglas Ankney President Trump purchased an ad during the February 2 Super Bowl directed at African American voters that depicted black grandmother Alice Johnson in tears, saying, “I’m free to hug my family. I’m free to start over. This is …
Article • March 4, 2020 • from PLN March, 2020
Filed under: Bail
Court Grants Bail to Ex-Peruvian President Challenging Extradition Due to Solitary Confinement by Dale Chappell by Dale Chappell On October 10, 2019, U.S. District Court Judge Vince Chhabria in San Francisco granted bail to former Peruvian President Alejandro Toledo, requiring him to be released on a $1 million bond under …
Article • March 4, 2020 • from PLN March, 2020
Filed under: Habeas Corpus
California: Qualified Attorney Work-Product Protection Applies to Discovery During Habeas Proceedings by Douglas Ankney by Douglas Ankney In October 2, 2019, the California Court of Appeal for the Second Appellate District ruled that the qualified attorney work-product protection doctrine applies in habeas corpus proceedings. In 1997, a jury convicted Samuel …
Article • February 5, 2020 • from PLN February, 2020
Exonerated Kentucky Man’s High Bail Prevented His Release for Six Years by David M. Reutter by David M. Reutter After nearly six years of languishing in jail because he could not afford a quarter-million dollar bond, a jury in Jefferson County, Kentucky acquitted Eugene “Red” Mitchell. The jury’s September 18, …
Article • February 4, 2020 • from PLN February, 2020
Filed under: Wrongful Imprisonment
Utah Supreme Court Reinstates Lawsuit Over Man Held 17 Days Without Hearing or Formal Charges by Matthew Clarke by Matt Clarke On June 3, 2019, the Supreme Court of Utah held that a district court erred when it applied an incorrect standard in dismissing a man’s lawsuit alleging his state …
Article • February 4, 2020 • from PLN February, 2020
Filed under: Statistics/Trends, Parole
To Decrease Prison Population, Texas Must Increase Parole Rate by Gritsforbreakfast, a Texas criminal justice blog known for its fearless reporting, recently analyzed Texas parole and prison population statistics between 2006 and 2018. It noted that the Texas Board of Pardons and Paroles (Board) has adjusted parole rates to keep …
Article • February 4, 2020 • from PLN February, 2020
Prosecutors Get Real Look at Life After Prison by Dale Chappell by Dale Chappell A dozen prosecutors and other criminal justice workers got a real life look at what it’s like to re-enter society after being in prison – ­­and every one of them failed to get everything done as …
Collateral Consequences Resource Center - Pathways to Reintegration Criminal Record Reforms in 2019 Pathways to Reintegration: Criminal Record Reforms in 2019 February 2020 s COLLATERAL CONSEQUENCES RESOURCE CENTER The Collateral Consequences Resource Center is a non-profit organization established in 2014 to promote public engagement on the myriad issues raised by …
Article • January 19, 2020
$1.5 million for Michigan man wrongfully convicted, then exonerated by A Michigan man who spent over 45 years in prison for a murder he did not commit received $1.5 million in compensation. Richard Phillips, 73, was exonerated in 2018, which made him the longest-serving exoneree in the United States, after …
Article • January 8, 2020 • from PLN January, 2020
Filed under: Three Strikes
New York District Court Erred in Applying “Three Strike” Rule to Dismissals by Kevin Bliss by Kevin Bliss The Second Circuit Court of Appeals held on September 12, 2019 that William Escalera, Jr. was not barred from proceeding in forma pauperis and filing a complaint after a New York district …
Article • December 11, 2019 • from PLN December, 2019
Man Held in Jail Almost Three Months for Possession of ... Honey by Dale Chappell by Dale Chappell A man sat in jail for nearly three months while the police tried twice at different labs to prove that jars of honey he had in his possession contained liquid methamphetamine. And …
Article • December 11, 2019 • from PLN December, 2019
Filed under: War on Drugs, Probation
New York Stops Testing Probationers for Marijuana Use by Dale Chappell by Dale Chappell The New York City Council voted in April 2019 to stop testing probationers for marijuana use. The move was a step toward reducing re-incarceration of probationers and parolees, and may be a foreshadowing of the legalization …
Article • December 10, 2019 • from PLN December, 2019
Filed under: Sentencing
Many “Violent Offenders” Actually Committed Non-Violent Crimes by Bill Barton by Bill Barton The conservative Heritage Foundation said in December 2018 that “our federal prisons house thousands of low-level offenders and America must do better.” According to a survey of laws in all 50 states by The Marshall Project, there …
Article • December 10, 2019 • from PLN December, 2019
Filed under: Three Strikes
Life Sentence for Joyriding Overturned in California by Scott Grammer by Scott Grammer Kenneth Oliver, 52, was only 29 when he received a life sentence under California’s “three strikes” law for repeat felons. He was arrested while joyriding in a stolen car as a passenger, and a stolen handgun was …
Article • December 10, 2019 • from PLN December, 2019
Texas Counties Waste Millions by Jailing Defendants Charged with Citation-Eligible Misdemeanors by Matthew Clarke by Matt Clarke In April 2019, social justice advocacy nonprofit Texas Appleseed released an analysis of jail bookings in a dozen of the most populous counties throughout Texas. The study examined the most serious charge that …
Article • December 10, 2019 • from PLN December, 2019
Filed under: Wrongful Conviction
The Cost of Wrongful Convictions by The Beatrice Six know something about lost time. The group of six defendants, outcasts from the small town of Beatrice, Nebraska, lost a combined 77 years of their lives in state prisons for a rape and murder they didn’t commit. After they were cleared …
Article • November 19, 2019
New York Prisoner Wins Claim for Excessive Confinement by Edward Lyon by Ed Lyon  While Terrell Hales was imprisoned at the Cayuga Correctional Facility (CCF) of New York’s Department of Corrections and Community Supervision (DCCS), he was charged with drug misuse. On April 15, 2013, he filed a Freedom of …
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