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Court Refuses to Drug Defendant for Trial by The criminal defendant was found incompetent to stand trial. The government did not show sufficient need to involuntarily medicate him to render him competent to stand trial. The government's report does not address whether such medication is medically appropriate; there is inadequate …
Guard's Sentence Enhanced for Beating Disabled Prisoner by The criminal defendant pled guilty to conspiracy to violate the civil rights of detainees under his supervision, conspiracy to obstruct justice, obstruction of justice, and four counts of deprivation of rights under color of law. He received a sentence of 46 months …
Article • May 15, 2007
First Circuit Affirms Massachusetts Guard's Sentence in Prisoner Beating by by Michael Rigby On May 3, 2005, the U.S. First Circuit Court of Appeals affirmed a guard's 41-month federal prison sentence for assaulting a prisoner at the Nashua Street Jail in Boston, Massachusetts, and then conspiring to cover it up. …
Tenth Circuit Upholds Guards' Convictions for Prisoner Beating; Remands for Sentencing by Tenth Circuit Upholds Guards' Convictions for Prisoner Beating; Remands for Sentencing The Tenth Circuit Court of Appeals upheld the criminal convictions of three GEO Corporation (formerly Wackenhut) guards for beating a prisoner. The court remanded for re-sentencing. On …
Article • May 15, 2007
Oklahoma Escape Conviction Reversed for Jail Trusty by The Oklahoma Court of Criminal Appeals has reversed a conviction for a misdemeanant's escape from the Grady County Jail because the language of the escape statute didn't encompass such an escape. On August 20, 2003, Gary Barnard was serving time in the …
Prior Evidence of Brutality Admissible in Police Trial by The defendant police officers were prosecuted for brutalizing a civilian. The court properly admitted a prior incident in which one of the officers, while off duty, had abused another person who had confronted him. The evidence was admissible because it went …
Article • May 15, 2007
No Right to Have Crimes by Guards Investigated or Prosecuted by The plaintiff alleged that Erie County, its Sheriff, and its DA violated his rights by failing to prosecute two correctional officers who threatened him. It "is well settled that no private citizen has a constitutional right to bring a …
Article • May 15, 2007
OH Prisoner's Criminal Retaliation Conviction Reversed by In April of 2000, Justin Farthing, an Ohio state prisoner, sent a letter to another prisoner at the Pickaway Correctional Institution in Pickaway County, Ohio. The letter suggested that they both rape his former parole officer, Susan Johnson, who'd violated Farthings parole on …
Article • May 15, 2007
GA Prisoner's Conviction of Distributing Obscene Material in Movie Theater Reversed by GA Prisoner's Conviction of Distributing Obscene Material in Movie Theater Reversed A movie theater worker identified only as Jenkins, a Georgia state prisoner, was convicted of distributing obscene material after showing the movie Carnal Knowledge. He unsuccessfully appealed …
Article • May 15, 2007 • from PLN May, 2007
Fraudulent Tax Returns Net Illegal Millions for Prisoners by Gary Hunter Arizona prisoners are so adept at defrauding the IRS that U.S. Rep. J.D. Hayworth (AZ) dubbed the dilemma ?Operation H&R (Cell) Block.? The business of bilking Uncle Sam from within Arizona prisons accounted for about half of the state?s …
Article • May 15, 2007 • from PLN May, 2007
$128,000 Cost Fee Against Former Angolite Editor Reversed by Louisiana?s Third Circuit Court of Appeals has reversed a trial court?s order imposing a $128,000 court cost fee assessed against award winning former prison journalist Wilbert Rideau. PLN previously reported on Rideau?s release. Rideau is best known for his work as …
Article • May 15, 2007 • from PLN May, 2007
Prosecutors Check Prospective Jurors’ Background, Hoping to Disqualify Them by Prosecutors Check Prospective Jurors' Background, Hoping to Disqualify Them An Ohio murder case has exposed a new tactic that prosecutors are using to disqualify potential jurors -- the use of a federal criminal records database to run background checks. Timothy …
From the Editor by Paul Wright This issue marks PLN?s 17th anniversary and our 205th issue since we first started publishing in May, 1990. This makes PLN the longest published, by far, independent prisoner publication in US history. About 95% of PLN?s articles remain written by current or former prisoners …
Prison Guard Convicted of Filing False Disciplinary Reports by A federal district court denied a motion by Brazoria county jail guard Wilton Wallace to dismiss federal criminal charges against him stemming from the filing of false disciplinary reports against prisoners at the jail. Wallace unsuccessfully argued that prisoners have no …
Officers' Convictions Upheld, One Case Reversed for Sixth Amendment Violation by The U.S. Fourth Circuit Court of Appeals upheld all but one conviction of former law enforcement officers for violating an arrestee's federal civil rights, obstruction of justice, and witness tampering. The court reversed one conviction for violation of the …
Article • May 15, 2007
California Prisoner Committed to State Hospital Beats Battery Charge Because He Was Not "Confined in by California Prisoner Committed to State Hospital Beats Battery Charge Because He Was Not "Confined in State Prison" The California Court of Appeal reversed a battery-on-staff conviction that a mentally ill prisoner had suffered while …
Guard Properly Convicted, Sentenced for Extorting Prisoners by The U.S. Fourth Circuit Court of Appeals upheld the sentence of a prison guard convicted of extorting prisoners. William D. Coger, a prison guard in West Virginia, was convicted of extorting money and favors from prisoners in the amount of $90,104. He …
BOP Guards Conviction for Beating Prisoner Affirmed by The Tenth Circuit Court of Appeals has affirmed the conviction and sentence against a guard at the United States Penitentiary in Florence, Colorado. Escort teams were moving prisoners from their cells to a conference room in order to conduct individual interviews about …
Article • May 15, 2007
United States Supreme Court: Laws Prohibiting Homosexuality Are Unconstitutional by United States Supreme Court: Laws Prohibiting Homosexuality Are Unconstitutional In an historic 6-3 decision overturning legal precedents and numerous cultural presumptions, the United States Supreme Court held that laws prohibiting private, consensual sex acts between consenting adults of the same …
Article • May 15, 2007
Brother Sentenced in Attempted Escape of Federal Prisoner by The United States District Court of New Mexico sentenced Adalberto Nava-Sotelo, alias Robert Montoya and El Guero, in the attempted escape of his older brother Oswaldo Nava-Sotelo, a prisoner in federal custody. On May 8, 2001, Adalberto Nava-Sotelo drove from his …
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