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Article • April 15, 2009
New York Civil Case Settled in 1977 by Simply Clarifying Rule by A U.S. district court in New York allowed the New York City Police Department (NYCPD) to settle a civil case in 1977 by stipulating and clarifying the NYCPD’s policy on bystanders remaining in the area of an arrest …
Testimonial Hearsay Ruled Admissible in Florida Probation Revocation Hearings by The Supreme Court of Florida has held that testimonial hearsay is admissible in probation revocation hearings. In July 2003, Robert Sheldon Peters had his community control revoked, received a suspended 24 month prison sentence, and was placed on drug offender …
Indiana Law Requiring Former Prisoners to Consent to Search and Monitoring of Their Computers Held Unconstitutional by Brandon Sample On June 24, 2008, U.S. District Court Judge David Hamilton struck down Section 8(b) of Indiana Public Law 119, which required sex offenders and violent offenders who had completed their sentences …
Entire Texas Prison System Locked Down to Search for Phones; Prison Cell Phone Problem is Pandemic by Matthew Clarke by Matt Clarke On October 20, 2008, Texas Governor Rick Perry placed all 112 prisons and 155,000 prisoners in the Texas Department of Criminal Justice (TDCJ) on lockdown to search for …
Article • March 15, 2009
Obama Administration Contends Prisoner Has No Right to DNA Testing by David C Fathi By David C. Fathi DNA testing is a uniquely powerful crime-solving tool. Testing crime scene evidence using new and advanced techniques has solved many previously unsolved crimes, leading to the arrest and conviction of rapists and …
Maryland Prison Employees Strip Searched After False Alert by Drug Scanning Machine by Derick Limberg Maryland Prison Employees Strip Searched After False Alert by Drug Scanning Machine by Derek Limburg Nine prison employees at the Maryland Correctional Training Center (MCTC) received the same treatment as prisoners upon their arrival at …
Brief • March 9, 2009
State v. Pena-Flores, NJ, AG Letter Urging Postponment Pending Telephone Warrant System (2009) Mutt of New :_qtrzeg OFFICE OF THE ATTORNEY GENERAL DEPARTMENT OF LAW AND PUBLIC SAFETY PO Box 080 NJ 08625-0080 March 9, 2009 JON S. CORZINE Governor TRENTON ANNE MILGRAM Attorney General Honorable Chief Justice and Associate …
Article • February 15, 2009 • from PLN February, 2009
BOP Suspends Use of Ion Spectrometry Drug Detection Devices by Brandon Sample On April 10, 2008, the federal Bureau of Prisons (BOP) discontinued the use of all ion spectrometry drug detection machines, more commonly known as ion scanners. According to a memo from BOP assistant director Joyce K. Conley, “the …
Article • February 15, 2009 • from PLN February, 2009
Fifth Circuit: § 1983 Nominal and Punitive Damages Allowed Absent Physical Injury by Fifth Circuit: § 1983 Nominal and Punitive Damages Allowed Absent Physical Injury For the first time in a published opinion, the Fifth Circuit U.S. Court of Appeals has held that a prisoner pursuing a civil rights action …
Alaskan Prisoner in Arizona Can Enforce CCA Contract by The Supreme Court of Alaska held that state prisoners incarcerated at a private prison in Arizona can enforce portions of the contract between the Alaska Department of Corrections (DOC) and Corrections Corporation of America (CCA) that incorporate provisions of Smith v. …
Article • February 15, 2009 • from PLN February, 2009
Kitsap County, Washington Jail Settles Public Records Act Suit for $125,000 by Kitsap County, Washington Jail Settles Public Records Act Suit for $125,000 On May 16, 2008, the Kitsap County Sheriff’s Office agreed to pay $125,000 to a former prisoner for violations of Washington’s Public Records Act. In September 2006, …
Article • February 15, 2009 • from PLN February, 2009
$4.5 Million Settlement in New Jersey Jail Strip Search Lawsuit by $4.5 Million Settlement in New Jersey Jail Strip Search Lawsuit New Jersey’s Cumberland County has agreed to pay $4.5 million to settle a class action strip search lawsuit. This is another huge settlement in Fourth Amendment claims of this …
Article • February 15, 2009 • from PLN February, 2009
Denial of Allocution Right on Supervised Release Resentencing Requires Remand by Denial of Allocution Right on Supervised Release Resentencing Requires Remand The Seventh Circuit Court of Appeals has reversed a federal prisoner’s sentence because an Illinois federal district court denied his right to allocution upon revocation of his supervised release …
Article • February 15, 2009 • from PLN February, 2009
Ohio DNA Specimen Law Ruled Not Retroactive by The Ohio Supreme Court held that a state law requiring convicted felons and some misdemeanants to provide DNA specimens could not be applied retroactively to offenders placed on supervised release before the law’s May 2005 effective date. On August 6, 2002, Craig …
Neal et al v. Michigan DOC, MI, Opinion, sexually hostile prison guard sexual misconduct, 2009 STATE OF MICHIGAN COURT OF APPEALS TRACY NEAL and All Others Similarly Situated, UNPUBLISHED January 27, 2009 Plaintiffs-Appellees, v DEPARTMENT OF CORRECTIONS, KENNETH MCGINNIS, JOAN YUKINS, SALLY LANGLEY, CAROL HOWES, ROBERT SALIS, CORNELL HOWARD, MARTIN …
Article • January 15, 2009 • from PLN January, 2009
Cold Case Hits Use Vastly Exaggerated DNA “Match” Statistics; Upheld by California Supreme Court by Matthew Clarke Cold Case Hits Use Vastly Exaggerated DNA “Match” Statistics; Upheld by California Supreme Court by Matt Clarke A recent California murder trial has highlighted serious problems in the probability statistics used to determine …
Article • January 15, 2009 • from PLN January, 2009
$3,540,402.22 Jury Award In California Wrongful Conviction Case by A California federal jury awarded $2 million to a man imprisoned 12 years for a rape/robbery he did not commit. The court also awarded him $1,368,834 in attorney fees, $6,500 in fees on fees, and $165,067.22 in costs (including $40,363.35 in …
Second Circuit Recognizes Attorney-Client Privilege in Prisoner’s Journal in Prosecution of Rapist Guard by Second Circuit Recognizes Attorney-Client Privilege in Prisoner’s Journal in Prosecution of Rapist Guard The Second Circuit Court of Appeals held that a female prisoner did not waive attorney-client privilege with respect to certain writings in her …
Article • January 15, 2009 • from PLN January, 2009
$5 Million Settlement For Illegal Strip Searches In Las Cruces, NM Jail by $5 Million Settlement For Illegal Strip Searches In Las Cruces, NM Jail An estimated 11,000 Doña Ana County Detention Center detainees who were illegally strip searched between March 7, 2003 and March 7, 2006 have settled their …
Article • January 15, 2009
Seized Nebraska Evidence Ordered Returned After Charges Dismissed by Nebraska State pro se prisoner Timothy Agee appealed the denial of a motion to order the County Sheriff to return his seized property after his theft charge was dismissed. The denial was reversed. Agee was charged separately in 2004 with theft …
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