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Article • September 15, 2011 • from PLN September, 2011
Florida Courts Criticize Indefinite Detention While Awaiting Civil Commitment Trials by Florida sex offenders who have completed their prison sentences may face a legal morass that leaves them stuck in indefinite detention while awaiting trial on whether they should be civilly committed. During such pre-trial detention they receive little to …
Former Federal Prisoner Seeks Almost $280,000 in Attorney Fees from BOP by In an unusual case, Nicole Michelle Defontes is seeking nearly $280,000 in “attorney’s fees, expert fees, and costs to challenge the Bureau of Prisons’ (BOP) violations of its own rules and regulations,” according to a motion filed in …
Prosecutors Who Commit Misconduct Are Rarely Disciplined by Matthew Clarke by Matt Clarke Prosecutors have a great deal of power and discretion. They choose whether to prosecute a case, what charges to file against a defendant and what plea bargain to offer. They can influence the court when imposing sentence …
Virginia DOC Settles Lawsuit to Improve Communication for Deaf Prisoners by The Virginia Department of Corrections (VDOC) has agreed to settle a lawsuit brought by deaf prisoners. The settlement makes substantial changes to improve such prisoners’ ability to interact in the prison environment and rehabilitate themselves. “We believe the settlement …
Charges Against Phoenix New Times Editors Dropped/Private Prosecutor Dismissed by Matthew Clarke by Matt Clarke In the middle of the night of October 18, 2007, Phoenix New Times founders Michael Lacey and Jim Larkin were arrested at their homes and charged with revealing grand jury information for publishing an article …
U.S. Supreme Court Overturns Wrongful Conviction Suit Against New Orleans DA, Vacates $14 Million Judgment by Derek Gilna by Derek Gilna and Brandon Sample In a March 29, 2011 five-to-four decision, the U.S. Supreme Court ruled against a former Louisiana prisoner who filed a § 1983 suit against Orleans Parish …
Seventh Circuit: Court May Not Revoke Supervised Release via Videoconference by Matthew Clarke by Matt Clarke On March 19, 2010, the Seventh Circuit Court of Appeals held that a federal district court violated Rule 32.l(b)(2) of the Federal Rules of Criminal Procedure when the judge used videoconferencing technology to appear …
Article • August 15, 2011
Illinois Governor’s Failure to act on Clemency Petition Actionable by Brandon Sample By Brandon Sample Persons seeking executive clemency in Illinois have a protected liberty interest in having their petitions decided within a reasonable time by the governor, U.S. District Judge Joan B. Gottschal so held March 11, 2008. Stephanie …
Braswell v. CCA, TN, Def Mot for PO, confidential financial documents, 2011 IN THE FIFTH CIRCUIT COURT FOR DAVIDSON COUNTY, TENNESSEE MARY BRASWELL, as Conservator of ) FRANK D. HORTON, Individually, ) ) Plaintiff, ) ) v. ) CORRECTIONS CORPORATION OF AMERICA, ) ) ) Civil Action Number 09C-3139 Jury …
No Rehearing For Disciplinary Actions Vacated On Substantive Grounds by Bob Williams By Bob Williams In another unpublished decision, a unanimous Colorado Court of Appeals has held that if a prisoner's administrative disciplinary conviction is vacated on district court review, expungement and not a rehearing is mandatory if the reversal …
Article • July 15, 2011
Fifth Circuit: No Liberty Interest in Discretionary BOP Sentence Reduction by Matthew Clarke By Matt Clarke The Fifth Circuit court of appeals upheld the denial of sentence reduction to a federal prisoner who had completed the Residential Drug Abuse treatment Program (RDATP). Michael Richardson, a federal prisoner incarcerated at the …
Maine Supreme Judicial Court Reinstates Challenge to Maine SORNA by Matthew Clarke By Matt Clarke The Maine Supreme Judicial Court has reversed the dismissal of a challenge to the Maine Sex Offender Registration and Notification Act (SORNA), 34-A M.R.S. §§ 11201-11256. John Doe is the pseudonym of a person convicted …
Article • July 15, 2011
Ninth Circuit: California’s Prop. 115 Not Unconstitutional by Michael Brodheim By Michael Brodheim The Ninth Circuit has held that California’s Proposition 115, known as the Crime Victims Justice Reform Act, does not violate a defendant’s Sixth Amendment right to confront the witnesses against him. Adopted by California voters in 1990, …
Article • July 15, 2011
California: On Remand, Governor Must Consider All Available Information Relating to Current Dangerousness by Michael Brodheim By Michael Brodheim The California Court of Appeal has held that when, on remand after the granting of a petition for writ of habeas corpus, the Governor reconsiders whether or not a life prisoner …
Article • July 15, 2011
California: Prisoner Entitled To Presentence Custody Credit for Time in Prison Past Parole Date Due Solely to Pending Charges by Michael Brodheim By Michael Brodheim The California Court of Appeal has held that a prisoner, detained in prison solely because new charges (arising from in-prison misconduct) were brought against him, …
Article • July 15, 2011
California: Prisoner’s Parole May Not Be Revoked if Board Fails to Act During 30-Day Discharge Review Period by Michael Brodheim By Mike Brodheim The California Court of Appeal has held that, by failing to act during the 30-day discharge review period provided by statute, the Board of Parole Hearings (Board) …
"Public Concern" Test Does Not Apply To Prisoner Claims of Retaliation; Speech Must Be Consistent with Status as Prisoner by Brandon Sample "Public Concern" Test Does Not Apply To Prisoner Claims of Retaliation; Speech Must Be Consistent with Status as Prisoner By Brandon Sample The "public concern" test does not …
Article • July 15, 2011
Interpreters Allowed in Nevada Small Claims Cases by Mark Wilson By Mark Wilson The Nevada Supreme Court held “that under both its inherent and express powers, a justice court is authorized to” appoint interpreters in small claims cases. In 2004, Hermes Caballero was transported from an Arizona prison to Ely …
Article • July 15, 2011
Washington Disciplinary Hearing Violates Due Process; Written Submissions Must be Considered by Mark Wilson By Mark Wilson The Washington State Court of Appeals held that a prisoner was deprived of a constitutionally adequate disciplinary hearing when a hearings officer refused to read the documentary evidence he offered. Washington prisoner Allan …
Article • July 15, 2011
Washington Supreme Court Says Commutations Implicate Due Process by Mark Wilson By Mark Wilson The Washington state Supreme Court held that due process protections attach to conditional commutation decisions and the liberty interest at stake “is indistinguishable from the interest in parole and probation.” In 1997, Jayson Bush was convicted …
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