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Article • August 15, 2008
Grant of Out-of-Time Appeal in Texas Allows Filing of Motion for New Trial by On January 24, 2007, the Texas Court of Criminal Appeals (CCA) held that, when it grants a habeas petitioner relief in the form of an out-of-time appeal, the defendant may file a motion for new trial …
Article • August 15, 2008
Grant of Out-of-Time Appeal in Texas Allows Filing of Motion for New Trial by On January 24, 2007, the Texas Court of Criminal Appeals (CCA) held that, when it grants a habeas petitioner relief in the form of an out-of-time appeal, the defendant may file a motion for new trial …
Article • August 15, 2008
Don’t Want Out of Prison? Send Threatening Letters by Two insane prisoners of the South Dakota Penitentiary are facing federal charges for sending threatening letters to a federal judge in Oregon. On June 25, 2007, and July 19, 2007, prisoner Christopher James Austad, 25, mailed threatening communications to federal judge …
Illinois State Prison Guard's Release From DOC For Perjury Regarding Prisoner Beatings Affirmed by Former Illinois Department of Corrections (DOC) guard Frank Moran appealed a court affirmation of his release from employment by the Illinois Civil Service Commission (CSC) for committing grand jury perjury. The judgment was affirmed. Moran lied …
California Prison Gang Information Ruled Confidential by Arturo Losoya and Robert Aguirre, California state prisoners, sought discovery in their state court criminal trials of investigatory security files on gang activity. The trial court ordered prison officials to produce the information, and the Department of Corrections (DOC) appealed. On appeal: the …
Kansas Sex Offender Treatment Program Violates Fifth Amendment by The plaintiff was required to complete a sex offender treatment program or suffer impaired ability to earn good time, transfer to maximum custody, and loss of privileges for the review period, which "mirror the consequences imposed for serious disciplinary infractions." The …
Jail Liable for Rape of Women Prisoners; Short Duration of Bad Conditions Okay by The two female plaintiffs were sexually assaulted by a jailer while serving 48-hour sentences for minor offenses. The jailer was subsequently fired and pled guilty to criminal charges as to one plaintiff. At 1307 n. 5: …
Psychiatrists Who Okay Homicidal Cops Return to Duty Not Entitled to Qualified Immunity by A police officer abused the plaintiff. At the time, he had a remarkable record of bizarre and violent misconduct, including holding several police officers hostage with a shotgun after assaulting his wife (after which he was …
Firing of Abusive Texas Prison Guards Upheld by The plaintiff correctional officers were fired for misconduct in connection with a use of force. After acquittal in their criminal trials, the prison system refused to restore their jobs. They claimed that the prison system had suppressed exculpatory evidence. Their claims are …
Article • August 15, 2008
No Right to Have Evidence Preserved or Wrongdoers Prosecuted by At 81: ". . . [T]here is no federal right to have criminal wrongdoers prosecuted. See Leeke v. Timmerman, 454 U.S. 83, 87 (1981)...." The failure to preserve evidence of an alleged use of force did not violate the right …
Article • August 15, 2008
Federal Forfeiture Law Application Reversed by Harold and Kathleen von Hofe, both Connecticut state prison guards, were arrested after sixty-five marijuana plants were discovered in their basement. Harold pled guilty to manufacturing a controlled substance, a felony, and Kathleen pled guilty to misdemeanor possession of the same. The federal government …
Fifth Circuit Upholds Convictions of Three INS Officers by The Fifth Circuit has upheld the convictions and sentences of three Immigration and Naturalization Service (INS) deportation officers for excessive use of force and deliberate indifference to the serious medical needs of a prisoner. Richard Gonzales, Louis Gomez and Carlos Reyna …
Article • August 15, 2008
Delaware Sex Offender Acquitted on School Loitering Conviction; Probation Violation Upheld by Delaware registered sex offender William Dahl appealed a 2006 conviction for loitering within 500 feet of a school; as a result of the conviction he had received a 20-year sentence. Because the shopping mall located dance academy that …
Article • August 15, 2008
Jail Phone Wiretapping Exempt from California Invasion of Privacy Act, FCA by California state prisoner David Windham appealed the refusal of a court to suppress jail telephone recordings used in obtaining his conviction. The appellate court affirmed the judgment due to statutory allowances, and because Windham’s consent was implied as …
Article • August 15, 2008
Washington State Prisoner Gets Life for Fight Resulting in Broken Nose by Washington State prisoner Charles Weber appealed his 2005 conviction for second degree assault resulting in a sentence of life without the possibility of parole. Although his attorney admitted to providing ineffective assistance, the court affirmed the judgment. Weber …
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 …
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 …
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 …
Oregon DOC Food Manager Takes Over $1 Million in Bribes, Feeds Prisoners “Distressed” Food by Mark Wilson During a 2002 interview, Oregon Department of Corrections (ODOC) Food Services Administrator Farhad “Fred” Monem, 49, shook his head in disgust as he criticized government employees who feel a sense of entitlement. “People …
Mississippi Jail Prisoner Wins $3,000,000 in Failure to Protect Suit by The Hinds County Board of Supervisors (Board) agreed to settle a three-million-dollar federal lawsuit filed by a former prisoner in the Hinds County Jail after he was left paralyzed by a beating at the hands of other prisoners in …
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