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New York: Double Jeopardy Prohibits Imposition of Post-release Supervision Once Defendant is Released from Custody by In a 5-2 decision on February 23, 2010, New York’s Court of Appeals, the state’s highest court, ruled that the double jeopardy clause of the U.S. Constitution prohibits the resentencing of a defendant to …
$5.25 Million Paid to Former Ohio Prisoner for Wrongful Murder Conviction by The City of Barberton, Ohio has paid $5.25 million to settle a lawsuit filed by a man wrongfully convicted of murder. Clarence Elkins spent almost eight years in prison before being exonerated by DNA evidence in 2005. Elkins …
Impartial Prison Disciplinary Hearing Officials Required in Nevada by Matthew Clarke By Matt Clarke On February 9, 2009, a Nevada state court restored the statutory good conduct time lost by a prisoner in a disciplinary proceeding in which the presiding official was biased. Brian Eugene Lepley, a Nevada state prisoner, …
Seventh Circuit: No Public Interest Requirement in Prisoner's First Amendment Retaliation Suit by Matthew Clarke by Matt Clarke On March 4, 2009, the Seventh Circuit court of appeals held that a prisoner who alleges retaliation for free speech was not required to show that the speech engaged in concerned a …
Fifth Circuit: No First Amendment Right to Use Vulgarity in Legal Mail by Matthew Clarke By Matt Clarke On June 8, 2009, the Fifth Circuit court of appeals held that a Texas prisoner has no First Amendment right to use profanity in legal mail directed at opposing counsel and the …
Article • June 15, 2011 • from PLN June, 2011
Controversy Involving North Carolina State Bureau of Investigation Crime Lab by Matthew Clarke by Matt Clarke Crime lab analysts and agents with the North Carolina State Bureau of Investigation (SBI) have been accused of pushing the limits of accepted science and police procedures to provide pro-prosecution results. The accusations appeared …
Article • June 15, 2011 • from PLN June, 2011
Hopes Dashed for Criminal Defendants Facing Deportation in Virginia by Derek Gilna In an interesting development resulting from the case of Padilla v. Kentucky, 130 S.Ct. 1473 (2010) [PLN, Aug. 2010, p.11], a General District Court in Loudoun County, Virginia reopened four cases involving defendants who said they would not …
Article • May 15, 2011
Arrested Anti-Arpaio Agenda Protestors Settle for $500,000 by On July 8, 2010, a group of seven activists who were arrested or cited by the Maricopa County Sheriff's Office (MCSO) settled their individual suits for wrongful arrest and malicious prosecution for a total of $500,000. The arrests and citations occurred during …
Fifth Circuit Reverses Pre-Filing Injunction; No Notice or Hearing Given by The U.S. Circuit Court of Appeals for the Fifth Circuit has reversed a district court’s injunction prohibiting a prisoner from filing suit without first obtaining court permission. Nasir Qureshi was enjoined by U.S. District Judge Lynn Hughes from filing …
Article • May 15, 2011
PRP Granted: Alford Plea to be Withdrawn by In May 1985, Washington State resident, Clyde R. Spencer, entered an Alford plea in answer to numerous charges of statutory rape and complicity to commit statutory rape. The only evidence against him was the testimony of his two biological children and his …
TDCJ Releases Hold on Prisoner's Trust Fund Account by In August, 2006, Texas prisoner, Michael Gene David, signed a settlement agreement dismissing all claims in a lawsuit he filed pursuant to 42 U.S.C. § 1983 against TDCJ employee, Howard Hill, for retaliation and harassment. Represented by attorney Andrew Lehrman of …
Article • May 15, 2011
Massachusetts Supreme Judicial Court Discharges Man after 16-Year Sentence Execution Delay by On November 6, 2007, the Supreme Judicial Court of Massachusetts held that a 16-year delay in the execution of sentences for multiple violent and sex offenses precluded execution of the sentences. Vith Ly, an immigrant from Cambodia living …
D.C. Settles Sexual Harassment and Retaliation Suit for $3,000 by On June 5, 2002, the District of Columbia agreed to settle a suit brought by a prisoner who was allegedly sexually harassed and then was retaliated against after reporting the harassment. Wallace Mitchell alleged that on or about December 27, …
Seventh Circuit: Habitual Disciplinary Offender Finding Does Not Open Door to Attacking Prior Disciplinary Convictions by On September 12, 2008, the Seventh Circuit court of appeals held that a prison's finding that a prisoner was a habitual disciplinary offender and punishing him therefore does not open the door for a …
Washington State Supreme Court Allows Withdrawal of Juvenile's Guilty Plea to Sex Offense by On January 28, 2010, the Supreme Court of Washington State issued an opinion allowing a juvenile to withdraw a guilty plea to a sex offense due to ineffective assistance of appointed counsel and misunderstanding the charge. …
Article • May 15, 2011
Filed under: Guilty Pleas, Sentencing
Withdrawal of Guilty Plea Required for Washington Prisoner by David Reutter By David M. Ruetter The State of Washington Court of Appeals has held that a defendant is entitled to withdraw a guilty plea where he was not informed that he could not earn early release credits during the mandatory …
Brief • May 11, 2011
California v. North Side Oakland, CA, Appellants Reply Brief, gang affiliation proof, 2011 JULIA SHERWIN (State Bar No. 189268) MICHAEL J. HADDAD (State Bar No. 189114) GINA ALTOMARE (State Bar No. 273099) HADDAD & SHERWIN 505 Seventeenth Street Oakland, California 94612 Telephone: (510) 452-5500 Fax: (510) 452-5510 Attorneys for Defendant-Appellant …
Article • April 15, 2011
Sixth Circuit: No Sanction for Third-Party Spoilation in Michigan by Matthew Clarke By Matt Clarke On March 21, 2008, a panel of the Sixth Circuit court of appeals held that a defendant could not be sanctioned for third-party spoilation of evidence in a Michigan case involving excessive use of force …
Article • April 15, 2011
Ohio Parole Challenge Not Barred by Res Judicata by by Mark Wilson The Ohio Court of Appeals reversed a lower court’s dismissal of a prisoner’s parole challenge, holding that res judicata did not bar the action. In 1977, Michael Swihart was convicted of aggravated murder, murder and arson related to …
Article • April 15, 2011
Fifth Circuit: "Some Evidence" Not Required To Deny Texas Mandatory Supervision by Matthew Clarke Fifth Circuit: "Some Evidence" Not Required To Deny Texas Mandatory Supervision By Matt Clarke On December 12, 2008, the Fifth Circuit court of appeals held that the "some evidence" standard of Superintendent v. Hill, 472 U.S. …
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