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Article • January 15, 2008
Conflicting State Statutes Require Reversal of Massachusetts Riot Convictions by Defendant Randall Spearin and co defendant Gualter M. Camara, both Massachusetts State prisoners, appealed their convictions from a 2001 uprising at the Bristol County House of Corrections (Bristol), where they were incarcerated and led a riot. When they filed an …
Article • January 15, 2008
CA Prisoner's Convictions for Conspiracy to Smuggle Drugs Vacated for Bad Jury Instructions by Jaime Jasso, a California state prisoner, made several phone calls to someone outside of prison named Ruben. Guards monitored those calls and discovered that their purpose was for Passo to give Ruben directions for obtaining drugs …
Article • January 15, 2008
Fed Prisoner's Conviction for Possessing Body Armor Affirmed by Carl Patton, a federal prisoner with a violent criminal history, was convicted under federal law of unlawful possession of body armor pursuant to 18 U.S.C. § 931. He claimed that the Commerce Clause of the U.S. Constitution didn't authorize Congress to …
Racial Impact Statements as a Means of Reducing Unwarranted Sentencing Disparities by Marc Mauer The extreme racial disparities in rates of incarceration in the United States result from a complex set of factors. Among these are sentencing and drug policies which, intended or not, produce disproportionate racial/ethnic effects. In retrospect, …
Seventh Circuit Rejects Federal Prisoner’s Necessity Defense by Seventh Circuit Rejects Federal Prisoner's Necessity Defense The Seventh Circuit found that a federal prisoner had failed to prove the requisite elements of the "necessity" defense in a prison weapon possession prosecution. In 1992, David Sahakian was sentenced to 360 months in …
Eighth Circuit Upholds Arkansas Jailer’s 78-Month Sentence for Brutalizing Prisoners by Eighth Circuit Upholds Arkansas Jailer's 78-Month Sentence for Brutalizing Prisoners The Eighth Circuit U.S. Court of Appeals upheld the criminal conviction of an Arkansas jailer for violation of the civil rights of two prisoners whom he beat maliciously and …
Former Illinois DOC Director, Former Prisoner Advocate, Others Indicted on Federal Corruption Charges by The former Director of the Illinois Department of Corrections (DOC) was indicted by a federal grand jury in July 2007 on charges of taking $50,000 in kickbacks from health care vendors that received state prison contracts. …
Pennsylvania County Jail System Overcrowded, Under-Regulated by David Reutter by David M. Reutter Almost everyone with experience on the incarceration side of America's criminal justice system will tell you they would rather do time in prison than in a jail. The primary reason is that the overall conditions of confinement …
Article • December 15, 2007
Prisoners' Record Requests Enforceable Under U.S. Constitution and N.Y. Law by Erie County, New York, District Attorney Frank Clark appealed a State Supreme Court ruling granting prisoner Daryl Hillard disclosure of documents regarding his prosecution. The court affirmed the disclosure. Clark refused to produce the documents arguing that a prisoner's …
Article • December 15, 2007
In Forma Pauperis Status Does Not Waive Copying Fees When Requesting Records by Pro se Georgia State prisoner Embery McBride petitioned the Appellate Court to review a 1990 court ruling granting the Columbus, Georgia, police chief's (Chief) motion dismissing his action for the deliberate denial of documents. The court ruled …
Arizona Jail Sex Results in Charges for Guards, Prisoner by David Reutter by David M. Reutter Sexual relationships involving guards and prisoners in Arizona jails have resulted in criminal charges on both sides of the bars. An investigation at the Yuma County Jail snared three guards and four female prisoners. …
Article • December 15, 2007 • from PLN December, 2007
Former Florida Prison Officials Sentenced to Federal Prison by David Reutter by David M. Reutter Former Florida Department of Corrections (FDOC) Secretary James Crosby and his protégé, Allen Clark, have been sentenced to federal prison terms for accepting kickbacks from profits generated from prison visiting park canteens. PLN has previously …
Bail Bond Businesses Getting Black Eye in Texas, California by Gary Hunter It's common knowledge that outside the federal Bureau of Prisons, California and Texas have the largest prison systems in the U.S. So it should come as no surprise that bail bonds are big business in both states. But …
Article • December 15, 2007 • from PLN December, 2007
Wisconsin Felon Convicted of Voter Fraud for Voting by The Seventh Circuit Court of Appeals has affirmed the conviction of a convicted felon for voter fraud. During the 2004 election cycle, Kimberly Prude was serving a term of supervised release for a forgery conviction in Wisconsin. Under Wisconsin law, Prude …
Article • December 15, 2007
Pregnant Woman’s Ingestion of Cocaine Not Delivery to Her Baby in Texas by Pregnant Woman's Ingestion of Cocaine Not Delivery to Her Baby in Texas by Matthew T. Clarke On February 14, 2007, the Texas Court of Criminal Appeals (CCA) held that a pregnant woman who ingested cocaine did not …
South Carolina Litigation Act Does Not Apply to Post-conviction Proceedings by South Carolina state prisoner Stacy Wade pled guilty to various drug charges. Without filing a direct appeal, he filed for post conviction relief (PCR) for allegedly being coerced into the plea bargain. Wade's testimony of coercion at his PCR …
Warrantless Arrest Warrants Prompt Probable Cause Hearing, Abused Innocent Detainee Prevails by Mistakenly accused Chicago resident Joseph Lopez was arrested with probable cause after a witness identified him in a shooting that killed a 12 year old boy. After the actual murderer confessed, Lopez filed suit for constitutional violations. The …
Article • December 15, 2007
Federal Prisoner Receives Maximum 46 Month Sentence For Knife Possession by Federal prisoner Randolph Charles appealed a 2006 decision based on then-mandatory guidelines under 18 U.S.C. § 1791. He received a maximum 46-month sentence for possession of a six-inch makeshift plastic knife. The U.S. Court of Appeals for the Third …
Document's Exemption From Production Under Act Dependant On Pending Charges Outcome by Georgia State prisoner Byron Parker petitioned for review of a 1986 court ruling denying him access to files for his potential post-conviction relief. A pending rape charge statutorily determined denial. The denial was reversed for a lack of …
Georgia Death Row Prisoner Not Afforded Evidence To Litigate Case by Georgia death row prisoner Ellis Felker appealed by way of mandamus a 1996 court ruling that the Houston County District Attorney (DA) complied with the production of records under the Open Records Act (Act). Additional materials were discovered last …
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