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Article • September 9, 2016
Senator McConnell's Message to Unicor: Back Off by Derek Gilna When one of the most powerful United States Senators makes a suggestion, even a federal bureaucracy takes notice. Kurt Wilson, an executive with American Apparel, Inc., an Alabama company that makes military uniforms, and Michael Marsh of Kentucky-based Ashland Sales …
Federal Death Penalty Case in Georgia Unravels, Triggering Investigation of Prosecutors by Derek Gilna A rare federal death penalty case in Georgia failed, costing taxpayers hundreds of thousands of dollars, and derailed the careers of two federal prosecutors, both of whom are no longer employed by the U.S. Attorney's Office …
Justice Department Impedes Release of "Legally Innocent" Prisoners by Derek Gilna Despite several recent high-profile cases where the U.S. Justice Department has urged the release of prisoners who all parties agreed were "legally innocent, dozens more remain behind bars.in North Carolina. The cases arise in instances where men were imprisoned …
Article • September 9, 2016
4th Circuit Overturns Dismissal of Adam Walsh Civil Commitment Case by Derek Gilna The 4th Circuit Court of Appeals has reversed the dismissal of the Adam Walsh case against Walter Wooden, finding that the application of that Act to the defendant did not violate the Due Process and Equal Protection …
Article • September 9, 2016
BOP Grievance System Can Foster "Compliance or Defiance" by Derek Gilna The Federal Bureau of Prisons (BOP) first instituted the prisoner grievance system (IR) in 1974, and since that time it appears to have become an important tool to defuse prisoner complaints about the BOP and its procedures. A new …
Article • September 9, 2016
Filed under: Mail, Internet
Minnesota State Prisoners Gain Access to Email by Derek Gilna A modified email system has been established by Minnesota prison system to allow state prisoners to receive, but not send emails to approve outside parties. This week the state began allowing all in state prisons to receive printed emails sent …
9th Circuit: "Adam Walsh" Detention Doesn't toll Supervised Release Term by Derek Gilna The 9th Circuit has ruled that the period of time spent in civil confinement under the Adam Walsh Act did not constitute "imprisonment" and that a defendant's period of supervised release continues to run during that time. …
Article • September 9, 2016
Citizen's Wrongful Detention suit against ICE 'reinstated by Second Circuit by Derek Gilna Viterbo Liranzo was a U.S. citizen through section 321 of the Immigration and Naturalization Act (INA), which conferred derivative citizenship on children of U.S. citizens, even though neither parent nor the child requested it. Liranzo was unaware …
Article • September 8, 2016
D.C. Circuit reinstates prisoner's FOIA case on "Public Domain" grounds by Derek Gilna Carlos Marino, incarcerated for a 1997 drug conspiracy conviction, in 2004 submitted a Freedom of Information Request (FOIA) to the Drug Enforcement Administration (DEA) seeking all information that had already made public in his criminal trials in …
Second Circuit Permits Office of Personnel Management to Assert FOIA Exemption 6 by Derek Gilna The Freedom of Information Act, 5 U.S.C. Section 552(b)(6), also known as "FOIA," was enacted "to promote honest and open government," Grand Cent. P'ship, Inc. v. Cuomo, 166 F.3d 473, 478 (2d Cir. 1999), and …
Article • September 8, 2016
Court Upholds Guilty Plea Although Defendant Wasn't Advised of "Adam-Walsh" Impact by Derek Gilna Mark Allen Youngs pleaded guilty to child pornography offenses, and as part of the sentencing process was advised by the district court his various rights under Rule 11, but did not advise him of possible ramifications …
Article • September 8, 2016
Filed under: Judiciary, Restitution
IFRP Restitution Issues May Not Be Delegated to BOP by Sentencing Judge by Derek Gilna The U.S. Court of Appeals for the 9th Circuit has ruled that "a sentencing court must review the issue of defendant restitution, not simply order "immediate" repayment and delegate the details of the actual payment …
Federal Tort Claims Action Dismissal Upheld for Failure to Timely File by Derek Gilna Maria Inamagua Merchan, an undocumented alien awaiting deportation in an Immigration and Customs Enforcement (ICE) detention facility, died while in custody, and her estate brought an action under the Federal Tort Claims Act (FTCA) against ICE …
Article • September 8, 2016
4th Circuit Affirms Dismissal of "Adam-Walsh" Prosecution of Sean Robert Francis by Sean Robert Francis, whose "Adam-Walsh" civil commitment proceedings were the subject of a recent Prison Legal News cover story, has won yet another legal victory. Francis had previously prevailed in a district court action wherein the judge ruled …
Article • September 8, 2016
Filed under: Voting, Attorney Fee Awards
Additional Attorney's Fees Allowed in Ohio Voter-Registration Suit by Derek Gilna The Northeast Ohio Coalition for the Homeless (NEOCH) instituted a 42 U.S.C. Section 1983 case challenging the 2006 Voter ID law, which resulted in consent orders in 2006 and 2008. A similar action by the Service Employees International Union …
Article • September 8, 2016
"Mere Possession" of a prison shank found sufficient for finding of "crime of violence' by Derek Gilna Jermaine Mobley was sentence to 37 months in the Eastern District of North Carolina in 2010 for possession of a prohibited object in prison as de­fined by 18 U.S.C. Section 1791(a)(2), after being …
Texas Juveniles Endangered in Jail or in Prison by Matthew Clarke A recent study by the University of Texas at Austin's LBJ School of Public Policy showed that Texas juveniles who were being held in adult jails while awaiting trial as adults are often isolated with no access to education …
Former New Mexico Jail Lieutenant's Prisoner Mistreatment Convictions Upheld by On February 28, 2012, the Tenth Circuit court of appeals upheld the convictions of a former guard lieutenant for abusing prisoners and falsifying records at two different New Mexico jails. Based on speedy trial and exclusion-of-evidence grounds, John Gould, a …
Article • September 8, 2016
"Specter" Funds for Prisoner Education Cut Endangering Prison College Programs by Matthew Clarke Some prison systems have been providing a college education to prisoners financed, at least in part, by federal funding named after correctional education advocate Arlen Specter, a former U.S. senator. But Congress didn't renew the "Specter" funds …
Sex Offender Registration Requirement of Louisiana Crimes Against Nature by Solicitation Statute Unconstitutional by Matthew Clarke On March 29, 2012, a Louisiana federal court held that the sex offender registration requirement of the Louisiana Crimes Against Nature by Solicitation (CANS) statute, La.R.S. 14:89(B), was an unconstitutional violation of the Equal …
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