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Alaska Prisoner’s Action to Overturn DR Not Moot if Relief Sought Greater than Obtained by David Reutter By David M. Reutter The Alaska Supreme Court has held that a prisoner’s action to reverse a disciplinary charge is not moot where the relief sought is greater than that afforded by prison …
Judicial Review of Disciplinary Conviction Not Moot Upon Prisoner’s Release by On December 9, 2008, the Tennessee Court of Appeals at Nashville found that a former prisoner’s petition was not moot strictly because he had been released from custody. The appellate court remanded the case for a complete review of …
Washington State: Polygraphs Not Required for Relief from Sex Offender Registration by As juveniles, Jeffrey Hooper and Terry Felice were found guilty of sex crimes that required them to register as sex offenders. In 2008, as adults, they each filed petitions asking the Spokane County Superior Court to relieve them …
Subjective Knowledge that Object is a “Weapon” Not Required to Convict Federal Prisoner of Violating Contraband Statute by On June 7, 2010, the U.S. Court of Appeals for the Third Circuit affirmed a federal prisoner’s conviction for possessing a weapon while in prison. Eric Holmes was charged with violating 18 …
Witness Testimony Judged Appropriate on Appeal by Following his conviction for custodial assault, Washington prisoner David Sykes filed his appeal arguing the trial court admitted into evidence “improper opinion testimony” and his counsel was ineffective for failing to object to it. Sykes was convicted of the assault for throwing a …
Article • April 15, 2011
New York Supreme Court Denies Challenge to the Voluntariness of Plea by The Supreme Court of New York, Appellate Division, denied a prisoner’s challenge of the voluntariness of his plea agreement despite waiving his right to appeal. Claudio Nunez was charged in Sullivan County with aggravated harassment of a guard …
Article • April 15, 2011
California: Penal Code Section 4573 Applies to Arrestees Who, When Booked, are Found in Possession of Controlled Substances by The California Supreme Court has held that Penal Code section 4573, which criminalizes the act of “knowingly bring[ing]” a controlled substance into a jail or prison, applies to a person in …
Article • April 15, 2011
Colorado Prisoner Granted Judicial Review on Appeal by On February 4, 2010, a Colorado appellate court reversed a district court’s ruling dismissing a complaint filed by state prisoner Shawn Geerdes. Geerdes filed the complaint requesting judicial review in regard to a disciplinary conviction he received while housed at the Crowley …
Prosecutor Not Entitled to Immunity for Statements to Press by On November 17, 2009, the U.S. Court of Appeals for the Eleventh Circuit affirmed in part and reversed in part judgment for a prosecutor, warden, and other prison staff member accused of various constitutional violations. Woodson Hart sued prosecutor Kenneth …
Article • April 15, 2011
5th Circuit Upholds Prisoner’s Due Process Rights by On September 18, 2007, the 5th Circuit filed its decision in a civil rights action filed by Louisiana prisoner Richard Mahogany, Jr., against a number of Louisiana prison officials. Mahogany filed his initial complaint pursuant to 42 U.S.C. § 1983 alleging his …
Article • April 15, 2011
New York Prisoner Awarded $650 for Excessive Confinement by On October 5, 2009, New York prisoner Valerie Gaiter was awarded $650 in a New York Claims Court as compensation for 65 days she was wrongfully confined following a disciplinary conviction. At her disciplinary hearing, the hearing officer refused to allow …
Article • April 15, 2011
Washington Court of Appeals Upholds Civil Commitment’s Conviction for Assault by The Division II Court of Appeals for the State of Washington has affirmed the assault conviction of a civilly committed man. Bob Pugh assaulted a King County Sheriff’s Department officer while he was being escorted from the McNeil Island …
New Research: Why Innocent People Confess to Crimes They Did Not Commit by Derek Gilna A September 2010 article in the New York Times highlighted an interesting phenomenon that has become more evident in an era where DNA evidence is available to help conclusively prove guilt or innocence – the …
Article • April 15, 2011 • from PLN April, 2011
Oregon Parole Board Improperly Excluded Witnesses at Revocation Hearing by The Oregon Supreme Court, sitting en banc, held that the Oregon Board of Parole (Board) had improperly deprived a parolee of his right to call witnesses at a revocation hearing. Parolee Thomas Edward O’Hara was arrested on March 9, 2005 …
Brief • April 15, 2011
Filed under: Malicious Prosecution
Deskovic v. City of Peekskill, NY, Approval of Settlement, malicious prosection, 2011
Article • March 15, 2011 • from PLN March, 2011
U.S. Supreme Court: No Federal Habeas Relief for California Lifer Parole Denials by John Dannenberg by John E. Dannenberg In a unanimous per curiam opinion, the U.S. Supreme Court (USSC) summarily reversed rulings by the Ninth Circuit Court of Appeals in two California parole cases in which the Ninth Circuit …
California Prison Officials Pay $10,000 to Settle Prisoner’s Retaliation, Conditions Suit by In April 2010, California state prisoner Charles Chatman accepted an offer of judgment from the defendant prison officials he had sued in federal court for allegedly retaliating against him in violation of the First Amendment because he filed …
Fifth Circuit Holds Texas Parole Revocation Witness Denial Violates Due Process by The Fifth Circuit Court of Appeals has held that the Texas Board of Pardons and Paroles (BPP) failed to comport with the due process requirements of Morrissey v. Brewer, 408 U.S. 471, 92 S.Ct. 2593 (1972) when it …
Kentucky Guards Sentenced to Federal Prison in Detainee Abuse Prosecution by A Kentucky federal court has sentenced five guards from the Fayette County Detention Center (FCDC) who were prosecuted in connection with systematic abuse of prisoners at the facility. FCDC Sgt. John McQueen, 33, and Cpl. Clarence McCoy, 31, were …
$50,000 Settlement in Suit Alleging CCA Counsel Falsified Court Documents by The District of Columbia paid $50,000 to settle a lawsuit by prisoner George Carter that claimed Corrections Corporation of America (CCA) counsel falsified court orders in his habeas corpus proceeding. While at D.C.’s Central Treatment Facility (CTF) Carter was, …
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