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Findings of Fact by Indiana Disciplinary Panel Not Entitled toPresumption of Correctness for Federal Habeas Purposes by John Dannenberg by John E. Dannenberg Seeking to clarify an "established proposition frequently ... overlooked in litigation arising from Indiana's prison system," the Seventh Circuit U.S. Court of Appeals held that the lower …
Unsupported Penile Plethysmograph Testing as Condition of Release Rises to Due Process Violation, Creates Liberty Interest by The Ninth Circuit U.S. Court of Appeals held that arbitrarily imposing a penile plethysmograph [electromechanical gauge of male sexual stimulation] testing requirement as a condition of supervised release for a sex offender violates …
Article • October 15, 2007 • from PLN October, 2007
Texas Allows Actual Innocence Claim in Non-Capital Habeas Actions by The Texas Court of Criminal Appeals has held that a habeas corpus applicant may raise a free-standing claim of actual innocence in a state habeas corpus proceeding. Randolph Roy Sparks, a Texas state prisoner, filed a post-conviction petition for a …
Article • October 15, 2007 • from PLN October, 2007
Mere Possibility of Parole Insufficient to Prevent Texas Prisoners’ Parental Rights Termination by Matthew Clarke The Texas Supreme Court held that the mere possibility of parole within the two-year imprisonment requirement of § 161.001(1)(Q), Texas Family Code, was insufficient to prevent termination of a prisoner's parental rights. William Keith M. …
Article • October 15, 2007 • from PLN October, 2007
Many Chinese Prisoners Retain Right to Vote by The Constitution of China guarantees every citizen the right to vote unless that right has been removed by law. In China?s 2,700-man Qingpu Prison, 723 prisoners retained the right to vote in the December 2006, election for the people?s congress of Qinpu …
Article • October 15, 2007 • from PLN October, 2007
Ohio Juvenile Wards Entitled to Attorneys to Pursue 1983 Actions by by John E. Dannenberg In an important denial-of-access-to-the-courts ruling, a U.S. District Court (S.D. Ohio) held that a juvenile ward who was denied access to the courts after suffering injury from an Ohio Department of Youth Services (ODYS) guard …
Article • October 15, 2007 • from PLN October, 2007
On Appeal Texas Prisoner Acquitted of Damaging Jail Furnishing by A Texas court of appeals acquitted a Texas jail prisoner of criminal mischief charges for allegedly damaging jail furnishings because the state failed to provide any evidence of the value of the furnishings. Jaccob Aaron Merwin, a prisoner in the …
Fifth Circuit Reverses Dismissal of Mississippi Retaliation For Letters to a Newspaper Claim by In an unpublished opinion the Fifth Circuit Court of Appeals reversed a lower court's dismissal, for failure to state a claim, of a prisoner's retaliation suit against one prison official, but upheld the dismissal of claims …
Article • October 15, 2007 • from PLN October, 2007
Texas Pays $250,000 for Lingering Death of Teen Prisoner by Michael Rigby In November 2006 the State of Texas paid $250,000 to settle with the family of Charles Billops, Jr., a teenager who died from an undiagnosed brain abscess caused by a sinus infection while imprisoned in 2003. The settlement …
Article • October 15, 2007 • from PLN October, 2007
Massachusetts Guard Accused of Throwing Feces Entitled to Workman’s Compensation by Massachusetts Guard Accused of Throwing Feces Entitled to Workman's Compensation A former Massachusetts prison guard accused of putting feces in a prisoner's cell is entitled to workman's compensation for emotional distress, the state Department of Industrial Accidents Reviewing Board …
$1.6 Million Settlements by PHS and Hillsborough County in Death of Baby Born in Florida Jail by David Reutter by David M. Reutter Inadequate medical care by Prison Health Services (PHS) has resulted in yet another death and $1.6 million in settlements for the mother of a baby boy who …
New Jersey Supreme Court Orders DOC to Codify Prisoner Healthcare Responsibilities by John Dannenberg by John E. Dannenberg The Supreme Court of New Jersey, incensed with the inhumane treatment of a state prisoner who was systematically denied Hepatitis-C treatment for four years, ordered the New Jersey Department of Corrections (NJDOC) …
Article • October 15, 2007 • from PLN October, 2007
Eighth Circuit Reverses Summary Judgment Dismissal of Excessive Force Claims by The Eighth Circuit Court of Appeals reversed a lower court?s grant of summary judgment to jail officials on a detainee?s excessive force claim. Patti Johnson and her sisters Laura Johnson, Stacey Hall and Karen Mitchell were all confined in …
Article • October 15, 2007 • from PLN October, 2007
Confidential Settlement for Alabama Prisoners Killed in Road Work Crew by A confidential settlement has been reached in the death of one prisoner and injury to another. The prisoners, John Nicholas Shoultz and David McKee, were prisoners of the Alabama Department of Corrections. They were picking up trash in the …
Article • October 15, 2007 • from PLN October, 2007
New Law Bars Hawaii Prison Officials from Canceling Visits by A new state law prohibits Hawaii prison officials from canceling prescheduled visits because of absenteeism or guard shortages, if the visitors have traveled from another island or the mainland. Retired prison guard Kam Tanaka, now a State Representative, sponsored the …
$100 Million In Restitution Fines Collected From California Prisoners Since 1992 by In an April 26, 2007 speech at the National Crime Victims? Rights Week in southern California, Governor Schwarzenegger announced that over $100 million had been collected from prisoners since 1992 in the form of court-ordered restitution fines. ?If …
Article • October 15, 2007 • from PLN October, 2007
Filed under: Sentencing, Probation
Probation Condition Restricting Pets at Residence Held Overbroad by The California Court of Appeal, District 4, held that a probation condition requiring informing a probation officer of any pets in the probationer?s residence was invalid because it was overbroad. Reyes Quintero pled guilty to methamphetamine possession and was sentenced to …
Article • October 15, 2007 • from PLN October, 2007
Filed under: Sentencing, Good Time, Parole
Absence of Parole Revocation Administrative Appeal Process Entitles Prisoner to Trial Court Determination of Custody Credits by John Dannenberg by John E. Dannenberg The California Court of Appeal, Sixth District, held that when a parolee both violated parole and committed a new offense, and disputed his parole revocation hearing findings …
Article • October 15, 2007 • from PLN October, 2007
Filed under: News, News in Brief
News in Brief: by Arizona: On September 17, 2007, Kollin Folsom, 24, and Roy Townsend, 37, Washington state prisoners imprisoned at the Corrections Corporation of America run Florence Correctional Center escaped from the prison by overpowering a guard, tying him up and using ladders to climb over fences surrounding the …
Article • October 15, 2007 • from PLN October, 2007
Notice of Appeal Deemed Filed When Presented to Prison Officials; Burden on State to Refute by The Eleventh Circuit Court of Appeals has held that a prisoner's notice of appeal is considered filed on the date it is given to prison officials, and the state has the burden of proof …
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