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Relief for Unconstitutional Mississippi Death Row Conditions Affirmed on Appeal by Bob Williams By Bob Williams The United States Court of Appeals for the Fifth Circuit has affirmed most of the sweeping reforms to be implemented at the Mississippi State Penitentiary (MSP), Unit 32-C, Death Row. After several death row …
Article • January 15, 2008
Protection from Personal Document's Disclosure Does Not End With Death in Pennsylvania by Temple University law student Hayes Hunt petitioned the court to review the Pennsylvania Department of Corrections' (DOC) 1996 order denying his request for medical and mental health records of executed prisoner Leon Moser. The denial was affirmed …
Article • January 15, 2008
Court Orders Disclosure of Witness' Information Regarding Lethal Injection Executions in Pennsylvania by Pennsylvania death row prisoner Michael Travaglia appealed the Department of Corrections' (DOC) 1996 refusal to disclose to his attorney, Mark Lesco, various documents regarding lethal injection procedures and the selection process and identities of witnesses to executions. …
As New Regulations Limit Organ Transplants from Executed Chinese Prisoners; South Carolina Allows Organ Donations by Prisoners by In November 2006, China finally admitted that most of the human organs used to satisfy the burgeoning number of transplant-seeking foreigners came from executed prisoners. ?Apart from a small portion of traffic …
$195,000 Paid to Family of Slain Florida Prison Guard by David Reutter by David M. Reutter The Florida Department of Corrections (FDOC) has agreed to pay $195,000 to the family of murdered prison guard Darla Kay Lathrem, 38. PLN previously reported the incident. [See: PLN, April 2006, p.42]. Lathrem was …
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 …
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 …
Missouri: New State Law Conceals Identity of Executioners by John Dannenberg by John E. Dannenberg Missouri enacted a new law declaring the identity of those personnel participating in the execution process to be a state secret. The statute provides a legal cause of action for damages and punitive damages against …
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
1983 Action Deemed Successive Habeas Petition; Reversed by Supreme Court by The Eleventh Circuit Court of Appeals held that a 42 U.S.C. § 1983 action, alleging that death by lethal injection causes pain and unnecessary suffering that constitutes cruel and unusual punishment, is the "functional equivalent" of a habeas claim. …
$14 Million Verdict Against Louisiana DA’s Office for Wrongful Death Sentence by $14 Million Verdict Against Louisiana DA's Office for Wrongful Death Sentence The New Orleans Parish, Louisiana, District Attorney's Office should pay $14 million to a man who was wrongly convicted of murder and sent to the state's death …
China Admits Illegally Harvesting Organs From Executed Prisoners by Gary Hunter China has long been accused of illegally harvesting human organs from its executed prisoners. On November 19, 2006 Deputy Health Minister Huang Jiefu admitted that the suspicions were true. ?Under-the-table business must be banned,? Mr. Huang told a conference …
Article • August 15, 2007 • from PLN August, 2007
BJS Reports Death Penalty Trends In 2005 by Michael Rigby by Michael Rigby In 2005, 16 states executed 60 prisoners?one more than in 2004, according to a Bureau of Justice Statistics report released in December 2006. Those executed in 2005 included 38 whites, 19 blacks, and 3 Hispanics. As for …
$2.25 Million Award for Virginia Man Falsely Sent to Death Row by A federal jury awarded a Virginia man $2.25 million for being falsely convicted of a rape/murder based on evidence fabricated by a cop and spending ten years on death row. Earl Washington, then 23, was convicted of a …
Article • May 15, 2007
Executing Prisoner Who Regained Competency Does Not Violate His Rights by The Eighth Circuit Court of Appeals concluded that a state does not violate the Eighth or Fourteenth Amendments by executing a prisoner who regains competency through forced medication. Charles Singleton was convicted of capital murder and aggravated robbery in …
Article • May 15, 2007
Housing Death Row Prisoner in Segregation Cell Constitutional by The U.S. Court of Appeals for the Eighth Circuit held that prison officials did not violate a prisoner's rights by housing him in a segregation cell rather than a death row cell. In response to being confined in a segregation cell …
Eleventh Circuit: Documents Requested From DOJ Exempt Under FOIA by The U.S. Court of Appeals for the Eleventh Circuit held that certain documents requested from the Department of Justice (DOJ) concerning disciplinary proceedings against the Assistant United States Attorney (AUSA) were exempt under the Freedom of Information Act (FOIA). The …
No State-Paid Attorneys for Post-conviction Relief in Capital Cases by The U.S. Supreme Court held that indigent death row prisoners had no constitutional right to state-paid counsel in order to pursue post- conviction relief. Prisoners on Virginia's death row brought a § 1983 action against state officials alleging they had …
Some VA Death Row Prisoners Denied Meaningful Access to Courts by Upon rehearing en banc, the U.S. Court of Appeals for the Fourth Circuit held that Virginia did not provide death row prisoners with meaningful access to courts in all circumstances. Prisoners on Virginia's death row brought a class action …
Article • May 15, 2007
VA Death Row Prisoners Entitled to Appointed Counsel by The U.S. District Court for the Eastern District of Virginia, Richmond Division, held that death row prisoners were entitled to more legal assistance than that delineated in Bounds v. Smith, 430 U.S. 817, 97 S.Ct. 1491, 52 L.Ed.2d 72 (1977). Prisoners …
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