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Article • December 15, 2007
Adherence To Administrative Procedure And Prepayment Required When Requesting Records' Production by Alabama State pro se prisoner Robert Gill petitioned for the review of a 2000 appellate order denying him production of materials concerning his conviction. Denial was affirmed for failure to follow administrative procedure. Gill requested grand jury information …
Article • December 15, 2007
Claims Previously Litigated, Not Directly Appealed, Raised At Trial Barred For Habeas by Georgia State prisoner Jimmy Meders sought review of a 1992 habeas court's partial denial of claims for relief from his 1987 death sentence. Warden Schofield appealed the same court's grant to Meders for ineffective assistance of counsel …
Article • December 15, 2007
Using Jail Phones After Verbal and Posted Warnings of Recording Implies Consent by California detainee David Windham appealed a decision holding that recordings of jail-placed phone conversations were lawful and could be used for conviction purposes. Windham asked his girlfriend for money while shopping. She refused and he followed her …
Article • December 15, 2007
Texas Prisoners Not Entitled To Records Request Under 2004 Act by Texas State prisoner Michael Cox appealed a 2006 Lubbock, Texas, court order denying his request for records concerning his 1992 conviction. The court interpreted his request as an attempt to appeal his case over a decade late and affirmed …
Article • December 15, 2007
Nondisclosure Of Prosecutor's Investigative Notes Reversed, Remanded For Inspection To Determine Merit by New York State pro se prisoner Hector Chebere appealed a 2002 court order denying the production of notes containing a witness statement made prior to his conviction. The court reversed and remanded for an in camera inspection …
Article • December 15, 2007
Intent--Not Ability--To Transmit HIV Matters in Attempted Murder Trial by On October 31, 1991, an Indiana court of appeals held that the intent of a person who was resisting police to transmit HIV determined whether he was guilty of attempted murder, not his actual ability to transmit the virus. Donald …
One-Off Offing: Why You Won't See a Disbarment Like Mike Nifong's Again by David Feige By David Feige Posted Monday, June 18, 2007, at 6:04 PM ET Now that justice has prevailed in the Duke rape case, with the nice innocent boys exonerated and the prosecutor who hounded them disbarred, …
Amended Tennessee Statute Ruled Retroactive For Denial Of Records Request by Tennessee State death row prisoner Richard Taylor's attorney, Sabin Thompson, appealed a 1991 dismissal of a petition to compel the Internal Affairs Division (IAD) of the Department of Corrections (DOC) to produce records concerning Taylor's murder conviction, The records …
Article • December 15, 2007
MA Man’s Blood Test from Hospital Admissible in Drunk Driving Trial by MA Man's Blood Test from Hospital Admissible in Drunk Driving Trial Michael Dube, defendant in a Massachusetts state court proceeding for drunk driving, went to the hospital after being in a car wreck. His blood alcohol level was …
Article • December 15, 2007
Discovery Request Petition Prohibited While Another Court Entertains Post conviction Proceedings by Tennessee State pro se prisoner Ronald Waller appealed the 1998 denial of his petition under the Public Records Act to obtain copies of photographs taken in connection with his conviction. The denial was affirmed because he was statutorily …
Article • December 15, 2007
California Prisoner Who Broke Already Damaged Jail Cell Door is Not Liable for Full Cost of Replacement by The California Court of Appeal, District 5, reversed a Kings County, California felony conviction of a county jail prisoner for intentionally damaging jail property worth more than $400 (Penal Code § 4600), …
Escape From TransCor Van Not a Crime in Montana by On January 11, 2006, a Montana state district court set aside two prisoners, convictions for escape and acquitted them after holding that no evidence had been presented that they were in the custody of a peace officer, a requirement for …
Article • December 15, 2007
Texas Prison Guard’s Convictions Upheld Again by Texas Prison Guard's Convictions Upheld Again The Texas Court of Criminal Appeals (CCA) upheld the conviction and sentence of a Texas prison guard for sexual assault and impersonating a police officer. This was the second time the CCA reviewed this case. In 1997, …
Like America, Japan Allows Guards to Walk After Prisoner Abuse Convictions by The recent convictions and sentences given to several Japanese prison guards reveals the phenomena of allowing guards to walk even when they seriously injure kill prisoners is not limited to the United States. In total, seven guards have …
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 …
Breathtaking Abuse of the Constitution - Sheriff Arpaio's assault on the First Amendment by Michael Lacey Breathtaking Abuse of the Constitution Joe Arpaio, Andy Thomas and Dennis Wilenchik hit New Times with grand jury subpoenas By Michael Lacey and Jim Larkin Published: October 18, 2007 This newspaper and its editorial …
Below the Belt - Phoenix New Times article on Sheriff Arpaio's smear campaign against political opponent by Paul Rubin By Paul Rubin, Phoenix New Times It came as little surprise to most people in the know that Buckeye Police Chief Dan Saban lost his recent defamation trial against Sheriff Joe Arpaio …
Article • October 15, 2007
Pariah Joe - Phoenix New Times article on Sheriff Arpaio's improprieties by John Dougherty Pariah Joe Dan Saban turns over materials to the FBI showing alleged improprieties by Arpaio and the MCSO. By John Dougherty Published: October 21, 2004 Let's face it, Joe Arpaio's going to win re-election November 2 …
Little State, Big Problems: Maine’s Prison Crisis Continues Unabated by Lance Tapley Little State, Big Problems: Maine?s Prison Crisis Continues Unabated by Lance Tapley Only big prison systems mistreat prisoners, right? Only prison systems where racism, right-wing tough-on-crime attitudes, or prison-industrial-complex power have full reign, like in California or Texas, …
“War on Terror” Whistleblowers, Dissenters are Fired, Prosecuted; Plaintiff’s Lawyers Help Turn Them In by Alex Friedmann War on Terror Whistleblowers, Dissenters are Fired, Prosecuted; Plaintiff's Lawyers Help Turn Them In by Alex Friedmann In January 2005, Lt. Commander Matthew M. Diaz was a Navy staff judge advocate serving a …
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