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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. …
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 …
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