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Article • October 9, 2017 • from PLN October, 2017
Vermont Supreme Court Invalidates Sex Offender Probation Conditions by Last year the Vermont Supreme Court vacated four sex offender probation conditions, finding that they improperly delegated judicial authority to probation officers and were overbroad, unconstitutional or based upon insufficient findings. In 2013, Owen Cornell was convicted of a sex offense …
Article • October 9, 2017 • from PLN October, 2017
Kansas Supreme Court: Four Years of Pretrial Detention too Long by In December 2016, the Kansas Supreme Court ordered the release of a man who had been held in jail more than four years awaiting trial under the Kansas Sexually Violent Predator Act (KSVPA). The state’s high court held that …
US Parole Activists Aim to Overhaul a Failing System by Jean Trounstine by Jean Trounstine, originally published September 30, 2017, Truthout.org. The United States has the shameful reputation of being the world's largest jailer, and as the Prison Policy Initiative reported in March, 2017, 2.3 million people are currently locked up in …
Publication • September 30, 2017
Estimating the Prevalence of Wrongful Convictions, USDOJ, Sept. 2017 The author(s) shown below used Federal funding provided by the U.S. Department of Justice to prepare the following resource: Document Title: Estimating the Prevalence of Wrongful Convictions Author(s): Kelly Walsh, Jeanette Hussemann, Abigail Flynn, Jennifer Yahner, Laura Golian Document Number: 251115 …
Brief • September 29, 2017
Filed under: Habeas Corpus
Rodriquez v. McDonald, CA, Opinion, Habeas, 2017 FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT JESSIE RODRIGUEZ, Petitioner-Appellant, No. 12-56594 v. D.C. No. 2:10-cv-08842-JAK-JPR MIKE MCDONALD, Warden, Respondent-Appellee. OPINION Appeal from the United States District Court for the Central District of California John A. Kronstadt, District Judge, …
Brief • September 20, 2017
Sledge v. Little, NC, Settlement, Wrongful Conviction, 2017 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA SOUTHERN DIVISION Case No. 7:15-cv-00180-D JOSEPH SLEDGE, JR., ) ) Plaintiff, ) ) ) v. ) PHILLIP LITTLE, in his individual ) capacity, EARL STORMS, in his official ) …
Brief • September 18, 2017
Rodriguez v. Providence Community Corrections, TN, Settlement, Private Probation, 2017 SETTLEMENT AGREEMENT AND RELEASE This Settlement Agreement and Release is entered into by named plaintiffs Cindy Rodriguez, Steven Gibbs, Paula Pullum, Yolanda Carney, Jacqueline Brinkley, Curtis Johnson, and Fred Robinson (“Named Plaintiffs”), defendant Rutherford County, Tennessee (“Rutherford County”), defendant Providence …
Article • September 13, 2017
Illegal 24-Day ICE Detention Nets Lawful Permanent Resident $99,000 Settlement by Lonnie Burton by Lonnie Burton In 2008 a lawsuit filed by a Mexican citizen who had obtained lawful permanent resident status in the United States and was later detained while trying to return to the U.S. from Mexico was …
Article • September 13, 2017
$10,000 Settlement for California Man Unlawfully Detained by ICE by Lonnie Burton by Lonnie Burton On October 1, 2013, U.S. District Judge Samuel Conti, sitting in the U.S. District Court for the Northern District of California, San Francisco Division, signed a stipulated order dismissing a lawsuit filed by a man …
Article • September 13, 2017
Lawful Sudanese Immigrant Receives $60,000 Settlement for Five Days Unlawful ICE Detention by Lonnie Burton by Lonnie Burton On November 2, 2004, U.S. District Judge Charles K. Wolff of the U.S. District Court for the Southern District of Iowa, signed an order approving the settlement in, and dismissing, a case …
Article • September 13, 2017
Naturalized U.S. Citizen Receives $400,000 after Being Illegally Held by ICE for 71 Months by Lonnie Burton by Lonnie Burton Rennison Vern Castillo served honorably in the United States Army. He received the National Defense Service Medal and an Army Service Ribbon. While serving the country, Castillo was sworn in …
Article • September 12, 2017
Arizona's No-Bail Constitutional Provision for Certain Sex Crimes Violates Federal Constitution, State Supreme Court Says by Lonnie Burton by Lonnie Burton On February 9, 2017, the Arizona Supreme Court struck down a state constitutional provision which barred bail in certain sex offense cases where the alleged victim was under 15 …
Article • September 8, 2017
Filed under: Sentencing, Juveniles
California Court Refuses to Reduce Juvenile's 32 Years-to-Life Under Miller v. Alabama by Lonnie Burton by Lonnie Burton On January 24, 2017, a three-judge panel of the California Court of Appeal, Fourth Appellate District, Division Two, largely upheld the sentence of a man who was sentenced in 2011, at age …
Brief • September 7, 2017
Filed under: Sentencing
US v. D.M., CA, Opinion, 2017 FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff-Appellee, No. 16-50243 D.C. No. 3:12-cr-01821-BTM-1 v. D.M., Defendant-Appellant. OPINION Appeal from the United States District Court for the Southern District of California Barry Ted Moskowitz, Chief District Judge, …
Article • September 6, 2017
Filed under: Sentencing
Colorado Supreme Court Affirms Double Enhancement for Assault of Prison Guard by Christopher Zoukis by Christopher Zoukis The Colorado Supreme Court has upheld a trial court's decision to sentence a prisoner to a consecutive term for assaulting a prison guard and to enhance the sentence because it was committed by …
Brief • September 1, 2017
Ybarra v. Filson, NV, Opinion, Habeas, Death Penalty, 2017 FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT ROBERT YBARRA, JR., Petitioner-Appellant, v. TIMOTHY FILSON, Warden, Respondent-Appellee. ROBERT YBARRA, JR., Petitioner-Appellant, v. TIMOTHY FILSON, Warden; ADAM PAUL LAXALT, Nevada Attorney General, Respondents-Appellees. No. 13-17326 D.C. No. 3:00-cv-00233GMN-VPC No. …
Article • August 31, 2017
Arkansas: Failure to Include Interested Party is Fatal to Action for Declaratory Relief by Dale Chappell by Dale Chappell Failure to include an interested party is fatal to an action for declaratory relief, the Arkansas Supreme Court held on August 3, 2017. Cedric Brown pleaded guilty to attempted first-degree murder …
Article • August 31, 2017
Filed under: Mandamus, Parole
Denial of Parole No Basis for Writ of Mandamus in Arkansas by Dale Chappell by Dale Chappell A petitioner’s claim that his rights were violated when he was denied parole is no basis for a writ of mandamus, the Arkansas Supreme Court held on August 3, 2017. Anthony Warren filed …
Article • August 31, 2017
Filed under: Parole
Constitutional Claim Required to Trigger Judicial Review Under Arkansas Administrative Procedure Act by Dale Chappell by Dale Chappell A petitioner must state a colorable constitutional claim to trigger entitlement to judicial review under the Arkansas Administrative Procedure Act (APA), the Arkansas Supreme Court held on August 3, 2017. Jeremy Kennedy …
Article • August 30, 2017 • from PLN September, 2017
Denver Man, Accused of Rape Due to Mishandled DNA, Has Lawsuit Dismissed by Derek Gilna by Derek Gilna Shawnnon Hale, 24, wrongful accused of felony rape and jailed for 61 days, was released from custody in Denver, Colorado in early 2015 when the police crime lab acknowledged it had mislabeled …
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