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Prosecutorial Misconduct Claims Properly Brought as Post-Conviction Motion if Timely by Tennessee state prisoner Darrell Wentzel filed a pro se motion for review of his convictions after they were affirmed on direct appeal. His 2001 "motion for extraordinary relief" was treated as a post-conviction petition, and dismissed as statutorily time …
Article • August 15, 2008
Justification Required for Denial Under Tennessee Public Records Act by Tennessee state prisoner J. Hickman appealed the Davidson County Chancery Court's dismissal of his pro se motion to obtain documents from the Tennessee Board of Probation and Parole (Board) pursuant to the state's Public Records Act (Act), Tenn. Code Ann. …
Peruvian National’s Extradition Ordered for Killing Innocent Children, Civilians by The U.S. Department of Justice (DOJ) appealed a 2005 U.S. District Court ruling that prevented the extradition of Peruvian national Wilmer Ordinola. The DOJ argued that his heinous crimes against innocent children and civilians did not fall under the political …
Article • August 15, 2008
Probable Cause Not Required for Bureau of Prisons to Indefinitely Suspend Employees by Former Bureau of Prisons (BOP) counselor Norberto Perez appealed an arbitrator's ruling confirming his 2004 indefinite suspension from the BOP. The ruling was affirmed on appeal. The suspension came after a prisoner claimed Perez had sold him …
Article • August 15, 2008
Probable Cause Not Required for Bureau of Prisons to Indefinitely Suspend Employees by Former Bureau of Prisons (BOP) counselor Norberto Perez appealed an arbitrator's ruling confirming his 2004 indefinite suspension from the BOP. The ruling was affirmed on appeal. The suspension came after a prisoner claimed Perez had sold him …
Article • August 15, 2008
Alaska PRA Requires Disclosure of Fiscal Report and Employee Performance Evaluation by The Anchorage Daily News (newspaper) obtained an injunction in state court under the state Public Records Act (PRA), Alaska Stat. § 44.62.310 et seq, compelling the city of Anchorage to produce a tape recording. The city later refused …
Article • August 15, 2008
California Jury Instruction in Sexually Violent Predator Trial Affirmed by George Whaley, a California state prisoner, was civilly committed under the state Sexually Violent Predator Act (SVPA). At a trial to extend his commitment for two years, the jury was deadlocked. The judge suggested that they role play, with the …
Arkansas Trooper Mistakes Mentally Disabled Man for Fugitive and Kills Him; Deceased's Family Paid $1 Million by Former Arkansas State Trooper Larry Norman pled guilty to a charge of misdemeanor negligent homicide after killing mentally disabled Joseph Erin Hamley. Norman had mistaken Hamley, 21, for an escaped fugitive, and shot …
Article • August 15, 2008
California Prisoner Wrongly Jailed for 14 Years Denied Compensation by John Tennison, a California state prisoner, was sent to prison for a 1989 murder. After nearly 14 years his conviction was vacated with a finding of factual innocence. He sued for compensation under a state law providing an award of …
Article • August 15, 2008
California Prisoner's Small Claims Judgment not Appealable by Michael Lane, a California state prisoner, sued the state Department of Corrections (DOC) in small claims court to recover $797.60 he had been charged for vacated restitution orders. The small claims court ruled in his favor for that amount but dismissed a …
Article • August 15, 2008
Attorney Fees Recoverable in Privacy Act Cases With No Actual Damages by On January 24, 2006, the Fourth Circuit Court of Appeals held that a plaintiff who prevailed in an action seeking damages under the Privacy Act, 5 U.S.C. § 522a(b), but did not prove any actual damages, could nonetheless …
Article • August 15, 2008
Black Prisoner Jailed With Violent White Supremacist: $40,000 Settlement by Reginald Swisher was a prisoner in the Travis County Jail in Austin, Texas. He was allegedly celled with another prisoner whom jail officials knew was a white supremacist who had assaulted, injured and maimed several other black prisoners and was …
Article • August 15, 2008
CA DOC Must Arbitrate Grievances with Guards by The California Correctional Peace Officers Association (the Union) represents prison guards in conditions-of-employment negotiations with the state Department of Personnel Association (the Department). Even though Government Code section 3529 provides that guards themselves can’t attend such negotiations, the Department agreed to allow …
Article • August 15, 2008
California Court's Award of Attorney Fees to Sheriff's Deputies Investigated for Raping Prisoners Upheld by Several unidentified deputies of the Sheriff Department of Riverside County, California sued the county for not providing them with lawyers while they were being investigated for sexual misconduct involving prisoners. They prevailed and the court …
California Sex Offender Registration not Constructive Custody for Habeas Purposes by David Stier, a physician and California state sex offender registrant, pled guilty to taking indecent liberties with a child in North Carolina in 2000. After Stier moved to California he completed a two-year probationary period ordered by the North …
Article • August 15, 2008
Texas Prisoners Not Entitled to Request Documents While Incarcerated by Texas state prisoner James Walker appealed a state court's dismissal of his action to compel the Texas Department of Criminal Justice (TDCJ) to produce documents he requested under the Public Information Act (Act). The appellate court affirmed the dismissal, as …
Documents Withholding by Texas Guards Fails to State Claim; Suit Dismissed as Frivolous by Texas prisoner Keith Thomas appealed a 2003 state court dismissal of his suit for being frivolous. He claimed that guards at the Barry Telford Unit (BTU) in New Boston, Texas withheld documents regarding a lawsuit he …
Article • August 15, 2008
Statutory Disclosure Intent Enforced, Texas Mental Health Department Abuse Incidents Ordered Disclosed by Texas Attorney General (AG) Greg Abbott appealed a 2006 court ruling denying the disclosure of records related to incidents of abuse at Texas Department of Mental Health and Mental Retardation (TDMHMR) facilities. The ruling was reversed and …
Federal Prison Guard's Drug Smuggling and Sexual Activities Warrant 46 Month Sentence by Former federal prison guard Celeste Akers appealed her sentence after smuggling drugs into a Bureau of Prisons facility in Forest City, Arkansas. The judgment was affirmed. Akers’ federal employment lasted from 2001 to 2005. A 2004 Department …
Article • August 15, 2008
Filed under: Military, Military Prisons
Federal Court Restricts Constitutional Liberties as Condition of Release by James D. Ross appealed the 2006 supervised release conditions that were imposed on him after his federal court conviction for fraudulent firearm acquisition. The appellate court affirmed the conditions, which prevented his association with neo Nazi or White Supremacist organizations …
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