Georgia Life Sentence for Failure to Register is Unconstitutional by by Mark Wilson With one Justice “strongly dissenting,” the Georgia Supreme Court held that a mandatory life sentence for failing to register as a sex offender violates the proportionality clause for the United States Constitution. In 1996, Georgia first enacted …
Georgia Detainee's False Imprisonment Conviction Reversed Due to Lack of Evidence by The Georgia Court of Appeals reversed the false imprisonment conviction of three detainees because the evidence presented at their trial was insufficient to support their convictions. On November 5, 2006, Reheim Jaahad Shearin, Tyrone Caruthers, Jason Tyrone Dellemar …
Appeal for Summary Judgment Upheld for Qualified Immunity by The Eleventh Circuit Court of Appeals upheld a Georgia Federal District Court’s order granting dismissal of a lawsuit alleging use of excessive force on a prisoner. On January 28, 2007, Reginald Fennell was arrested for several misdemeanor charges. As he was …
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 …
Georgia Eases Sex Offender Restrictions in Face of Federal Court Challenge by Laws that restrict where sex offenders can live have been popular in legislatures throughout the U.S. With much fanfare and hoopla, Georgia passed one of the nation’s toughest sex offender residency statutes on July 1, 2006. That law …
Georgia Sex Offender Registration Act Unconstitutionally Vague As Applied to Homeless Offenders Without a Route or Street Address by Georgia’s sex offender registration law is unconstitutionally vague as applied to homeless sex offenders, the Supreme Court of Georgia decided October 27, 2008. William Santos was charged with violating Georgia’s sex …
Bentivoglio Letter to AG re Andrew DeYoung execution, GA, CSA violation, 2011 SKADDEN. ARPS, SLATE, MEAGHER & FLOM LLP 1440 NEW YORK AVENUE, NW. F"IRM/AF"F"ILIATE OFFICES WASHINGTON, D.C. 20005-2111 TEL: (202) 371 -7000 FAX: (202) 393-5760 www.skadden.com DIRECT DIAL (202) 371-7560 BOSTON CHICAGO HOUSTON LOS ANGELES NEW YORK PALO ALTO …
Study Finds Discriminatory Jury Selection in Southern States by Derek Gilna A study by the Equal Justice Initiative, a non-profit legal organization based in Montgomery, Alabama, has found widespread discrimination in jury selection in the states of Alabama, Arkansas, Florida, Georgia, Louisiana, Mississippi, South Carolina and Tennessee. The discriminatory practices …
Georgia: Flurry of Judicial Resignations Highlights Secrecy Behind Investigations by David Reutter by David M. Reutter At least 21 Georgia judges have been disciplined by the state’s Judicial Qualifications Committee (JQC) or have resigned amid allegations of unethical conduct since April 2008. The high rate of action by the JQC …
Georgia Prisoners Strike for Wages, Better Medical Care and Food by by Naomi Spencer Prisoners at seven Georgia state prisons called a strike on December 9, 2010 to protest against unpaid labor practices, poor conditions and violations of basic human rights. Thousands of prisoners participated in the protest by refusing …
Audit Report Finds Georgia Sex Offender Registry Needs Complete Overhaul by David Reutter by David M. Reutter The federal Jacob Wetterling Act of 1994 imposed a duty on the states to establish sex offender registry programs, including life-long registration for offenders classified as sexually violent predators. In 1996, Megan’s Law …
Georgia Ends Contact Visits for Death Row Prisoners by David Reutter by David M. Reutter Three non-execution deaths on Georgia’s death row in as many months, including two suicides, resulted in a focus on conditions for condemned prisoners at the Georgia Diagnostic and Classification Prison. The response by prison officials …
Fraudsters Sentenced in Cornell Prison Construction Scheme by Brandon Sample A man who bilked almost $13 million from Cornell Corrections Corp. has been convicted of federal fraud and conspiracy charges, while two co-defendants pleaded guilty. In February 2010, Robert B. Surles was convicted by a federal jury in Atlanta, Georgia …
Georgia Officials Receive Prison Sentences in Charge-Fixing Scheme by Two former DeKalb County, Georgia officials have been sentenced to federal prison for their involvement in a criminal charge-fixing scheme. In 2008, an unidentified defendant arrested on a drug offense was told by DeKalb County pretrial officer Keith C. Hughes and …
DNA Exonerations in Georgia Result in Disparate Compensation Awards by David Reutter by David M. Reutter The disparity in compensation awards for prisoners exonerated by DNA evidence in Georgia demonstrates the need for evenhanded compensation laws. Five wrongly convicted prisoners, Clarence Harrison, Robert Clark, Douglas Echols, Samuel Scott and Willie …
Eleventh Circuit Reverses/Affirms Denial of Qualified Immunity in Retaliation Case by On June 22, 2007, the U.S. Court of Appeals for the Eleventh Circuit affirmed in part and reversed in part a district court’s denial of qualified immunity for four Georgia prison officials accused of retaliation. Danny Hicks sued Warden …
Georgia’s Privatized Probation System Traps the Poor by David Reutter by David M. Reutter As the prison industrial complex has continued to grow, critics of privatization have adamantly warned that it would lead to financial incentives for for-profit companies to keep people ensnared in the criminal justice system. The privatized …
Georgia Jail Settles PLN Censorship Suit, Pays $149,759.21 in Damages, Attorney Fees by On April 22, 2010, Prison Legal News announced that it had settled a First Amendment censorship suit against Fulton County, Georgia and former Fulton County Sheriff Myron Freeman. The lawsuit, filed by PLN in October 2007, claimed …
Georgia Law Creates Homeless Sex Offender Colony by David Reutter by David M. Reutter Georgia’s sex offender residency restrictions have led some offenders to live in the woods because they have no legal place to stay. Reminiscent of leper colonies, they are forced to camp out on the fringes of …
Georgia Grand Jury Critical of Ticket-Fixing Scam by A Grand Jury in Georgia’s DeKalb County found that the County Recorder’s Court suffered from “a leadership competency issue.” The Grand Jury’s review of the court followed a scandal that cost the county millions of dollars plus the court’s credibility and reputation. …
