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Article • May 15, 2007
Prisoner Convicted of Self-Inflicted Gunshot Wound by Georgia's Fourth Division Court of Appeals has confirmed a conviction against Deiante Walton for possession of a weapon and criminal use of a firearm with an altered identification number. While detained at Georgia's Wilkes County Jail, Walton conceived a plan he hoped would …
Article • May 15, 2007
Several Necessary Components Of Involuntary Servitude by The U.S. Court of Appeals for the Sixth Circuit held that several factors were necessary to create a state of "involuntary servitude" and that expert testimony had not been shown to be scientifically-recognized. After two mentally retarded men were found laboring on a …
Article • May 15, 2007
Protesters' Sentences, Probation Conditions, Upheld; Special Assessments Reversed by The U.S. Third Circuit Court of Appeals in a consolidated review of five cases, upheld the sentences and conditions of probation for five persons convicted of disobeying a park ranger's order, but reversed a special assessment levied by the trial court. …
Article • May 15, 2007
Protesters' Sentences, Probation Conditions, Upheld; Special Assessments Reversed by Protesters' Sentences, Probation Conditions, Upheld; Special Assessments Reversed The U.S. Third Circuit Court of Appeals in a consolidated review of five cases, upheld the sentences and conditions of probation for five persons convicted of disobeying a park ranger's order, but reversed …
$900,000 Settlement In Eugene, Oregon Police Sexual Assault Civil Rights Case by Unknown plaintiffs filed a Federal civil rights complaint against the City of Eugene, Oregon, claiming that Eugene Police Officer Roger Magena and other unnamed officers engaged in a pattern of sexual misconduct reported by citizens, due to insufficient …
Article • May 15, 2007
Notice Implies Consent to BOP Jail Phone Recordings by The criminal defendants were convicted based in part on recordings of their telephone calls from jail. Title III of the Omnibus Crime Control and Safe Streets Act of 1968 generally forbids telephone surveillance without a warrant, but has exceptions for instances …
Article • May 15, 2007
Sexual Predation Rampant At FMC-Carswell; Another Employee Convicted by By Michael Rigby A pair of semen-stained sweatpants has led to the conviction of former prison guard Michael Lawrence Miller, making him the seventh employee of the Federal Medical Center for women in Carswell, Texas, to be convicted of sexually abusing …
Supreme Court: Involuntary Medication of Criminal Defendants Should be Rare by The mentally ill criminal defendant was found incompetent to stand trial; the government sought permission to medicate him involuntarily, and the district court granted it. The order authorizing involuntary medication was a collateral order over which the appeals court …
Article • May 15, 2007
Aryan Brotherhood Prison Killing Appeals by The Aryan Brotherhood (AB) is a small criminal organization based mainly in the California and federal prison systems. A series of four cases involving the criminal convictions of various AB members for prison murders, several in the control unit of the federal penitentiary in …
Article • May 15, 2007
Florida Reporter Criminally Charged for Receiving Written Communication from Prisoner by Florida Reporter Criminally Charged for Receiving Written Communication from Prisoner Florida's First District Court of Appeals held that a state statute that prohibits a news media reporter from receiving a written communication during a prison visit interview of a …
Article • May 15, 2007
US Court Of Appeals Upheld Federal Statute On Contraband by The US Court Of Appeals for the Ninth Circuit held that a District Court did not err in convicting the visitor of a prisoner at the Terminal Island Federal Correctional Institution in California, for attempting to introduce contraband into the …
Texas Jail Director's Conviction Upheld by The Fifth Circuit Court of Appeals affirmed the convictions of two defendants charged with extortion and conspiracy to extort under the Hobbs Act, 18 U.S.C.§ 2 and 1951. The defendants were Jose Marcelino Rubio, Sr., the father of the District Attorney for Texas' Web …
WA Prisoners' Conviction Reversed Due To Prosecutorial Misconduct And A Biased Juror by WA Prisoners' Conviction Reversed Due To Prosecutorial Misconduct And A Biased Juror The Washington State Court of Appeals, Division 1, held that Daniel Gonzales, was denied the right to a fair trial due to the fact that …
Anonymous Jury, Failure to Disclose, Approved in Latin Kings' Trial by The U.S. Second Circuit Court of Appeals approved the use of an anonymous jury by the U.S. District Court for the Southern District of New York and held that the Government's failure to disclose to the defense a witness' …
WA DOC Pays $102,000 to Wife Stabbed During Conjugal Visit by The Washington Department of Corrections settled a lawsuit filed in Thurston county superior court by Heather Hiivala alleging negligence in providing for her safety and under 42 U.S.C. § 1983. In 1995 she was engaged in a conjugal visit …
Article • May 15, 2007
SD Conviction for Spitting on Prison Guard Affirmed by Brian Schouten, a state prisoner, spat on a guard at the South Dakota State Penitentiary. He was convicted of a class 6 felony under SDCL 22-18-26 for the spitting incident, without being allowed to present evidence of his diminished capacity. On …
Article • May 15, 2007
CA Prisoner Properly Convicted of Conspiracy to Furnish Controlled Substance to a Prisoner by Deandre Lee was convicted of conspiracy to furnish a controlled substance to a prisoner under Cal. Pen. Code 4573.9 after his wife was caught trying to deliver drugs and tobacco to him in a California prison. …
Article • May 15, 2007
Prisoner Murder Conviction Reversed to Consider Hallucination Defense by California's Fifth District Court of Appeal held evidence of a hallucination may be admitted to negate premeditation and deliberation of first degree murder to second degree murder, but not to mitigate murder to voluntary manslaughter. This case involved a murder at …
Article • May 15, 2007
Escape Begins When Prisoner Departs Custody by The court of appeals for the Ninth circuit held that for U.S. Sentencing Guidelines purposes, an "escape" begins when a federal prisoner departs lawful custody with the intent to evade detection. The case involves a BOP prisoner who walked away from a prison …
Article • May 15, 2007
New York Prisoner Receives 25 to Life for Throwing Urine/Feces on Guard by The Appellate Division of New York's Supreme Court has affirmed a prisoner's conviction and sentence of 25 years to life for throwing a cup of human waste on a guard. While housed in the special housing unit …
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