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Partial Summary Judgment Granted To PLN in FOIA Case against EOUSA by Brandon Sample On September 16, 2009, U.S. District Judge Marcia S. Krieger granted in part and denied in part a motion for summary judgment by Prison Legal News (PLN) in a Freedom of Information Act (FOIA) case wherein …
Reversal of Summary Judgment to BOP Doctor Accused of Deliberate Indifference by Brandon Sample The U.S. Court of Appeals for the Seventh Circuit has reversed a grant of summary judgment to a Bureau of Prisons (BOP) doctor accused of denying a death row prisoner needed eye surgery. Arboleda Ortiz, a …
China Taking Steps to Reduce Number of Executions by In July, 2009, Zhang Jun, vice president of China’s Supreme People’s Court, said that China was taking steps to reduce the number of executions. Despite the televising of many executions as a form of public intimidation, the absolute number of executions …
Article • January 15, 2010
No Appeal In Section 2255 Proceeding Until Defendant Is Resentenced by Federal courts of appeal lack jurisdiction to entertain appeals from the grant or denial of relief under 28 U.S.C. § 2255 until proceedings in the district court have been finalized, the U.S. Court of Appeals for the Third Circuit …
4,000 Kenyan Death Sentences Commuted to Life by Matthew Clarke by Matt Clarke On August 3, 2009, Kenyan President Mwai Kibaki announced that he had commuted the death sentences of all 4,000 prisoners on Kenya’s death row to life in prison. Explaining his rationale for this action, Kibaki said an …
Catholic Mass and Sacraments Made Available to Louisiana’s Death Row by Officials at the Louisiana State Prison (LSP), better known as Angola, have agreed to a settlement agreement in a lawsuit alleging a prisoner’s rights were violated by the officials’ mandating of Baptist religious television to the exclusion of all …
Article • November 15, 2009 • from PLN November, 2009
North Carolina Courts, Legislature Take Steps to Resume Executions by Michael Brodheim The North Carolina judiciary and legislature have both taken steps to clear the way to resume executions, which have remained dormant in the state for the past three years. On May 1, 2009, a split North Carolina Supreme …
Article • November 15, 2009 • from PLN November, 2009
California Death Row Court Monitoring Discontinued by Michael Brodheim Almost thirty years after it began, federal court supervision over conditions at San Quentin’s death row – the nation’s largest, now housing 685 condemned prisoners – came to an end in April 2009. A group of death-sentenced prisoners filed suit in …
Article • November 15, 2009 • from PLN November, 2009
California’s Lethal Injection Protocol Invalidated for Failure to Comply with APA by Michael Brodheim Sustaining a legal challenge filed by prisoners Michael A. Morales and Mitchell Sims, both on death row, the California Court of Appeal has held that the state’s lethal injection protocol, contained in San Quentin’s Operational Procedure …
Article • October 15, 2009
Delaware Prisoners May Sue Over Secure Housing Placement Pending Sentencing by The Third Circuit U.S. Court of Appeals held that three Delaware prisoners who were awaiting trial/sentencing could sue the state for having allegedly improperly housed them in a restrictive Security Housing Unit (SHU). David Stevenson and Michael Manley had …
Fifth Circuit Upholds $14 Million Award Against Louisiana DA’s Office in Wrongful Conviction Suit; Affirmed by En Banc Ruling by Matthew Clarke by Matt Clarke On December 19, 2008, the Fifth Circuit Court of Appeals upheld a federal jury award of $14 million in a case involving the wrongful conviction …
$25,000 Award to Utah Muslim Prisoner Attacked by Death Row Prisoner Following 9/11 by A Utah federal jury awarded $25,000 to a Muslim prisoner who claimed guards set him up for a beating following the 9/11 guerrilla attacks. The oddest part of the situation is the prisoner was beat by …
Shouldn’t Innocence Matter? by David C Fathi By David Fathi On August 17, the US Supreme Court ordered a lower federal court in Georgia to conduct a hearing in the case of Troy Anthony Davis. Davis has been on Georgia’s death row for 18 years, sentenced to death for the …
Article • September 15, 2009
Statute of Limitations Applicable in Method of Execution Actions by On November 24, 2008, the Fifth Circuit U.S. Court of Appeals affirmed a district court's grant of summary judgment to the defendants in a § 1983 action brought by Mississippi death-row prisoners Alan Walker, Paul Woodward and Gerald Holland (Plaintiffs). …
Article • September 15, 2009
Probation Revocation Documents not Testimonial Under Sixth Amendment by Following his December, 2006 conviction for capital murder, which resulted in a death sentence, Juan Ramon Meza Segundo filed a direct appeal listing 19 points of error, each of which were rejected on October 29, 2008, affirming his conviction and sentence. …
Article • August 15, 2009 • from PLN August, 2009
Highest Criminal Appeals Judge in Texas Faces Removal Hearing by by Matt Clarke On February 19, 2009, the Texas Commission on Judicial Conduct charged Sharon “Killer” Keller, Chief Justice of the Texas Court of Criminal Appeals, the highest court in Texas over criminal matters, with five disciplinary charges – including …
Article • August 15, 2009 • from PLN August, 2009
Jailhouse Lawyers: Prisoners Defending Prisoners v. The U.S.A., by Mumia Abu-Jamal, Published by City Lights Publishers, ISBN 978-0-8728646-9-6; 286 Pages; $16.95 by Gary Hunter Prisoners helping prisoners with legal issues would not seem strange to most people. But the idea of prisoners protecting the U.S. constitution is a notion not …
Article • July 15, 2009 • from PLN July, 2009
New Mexico Abolishes Death Penalty; Similar Efforts Fail in Other States by David Reutter by David M. Reutter “Regardless of my personal opinion about the death penalty, I do not have confidence in the criminal justice system as it currently operates to be the final arbiter when it comes to …
Consent Decree Improving Conditions on Louisiana Death Row Terminated by A landmark 1990s consent decree improving conditions on death row has been terminated under the Prison Litigation Reform Act (PLRA). In 1991, the warden at the Louisiana State Penitentiary (LSP) settled a lawsuit brought on behalf of current and future …
State, Not County, Required to Pay Attorney Fees in Georgia Death Penalty Cases by On March 9, 2009, the Georgia Supreme Court affirmed a lower court’s order holding the Georgia Public Defender Standards Council (“Council”), in contempt for refusing to pay two defense lawyers in a death penalty case. The …
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