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Article • January 15, 2014 • from PLN January, 2014
Oregon: Jury Trials Required When Prosecutors Treat Misdemeanors as Violations by The Oregon Court of Appeals held on September 26, 2012 that criminal defendants are entitled to jury trials and reasonable doubt determinations when misdemeanors are reduced to violations – a ruling that was subsequently affirmed by the state Supreme …
Publication • January 2, 2014
FL DOC Crim. Investigation re Guards Furnishing Cell Phones to Prisoners IG's Office 2014 Florida Department of Corrections Office of the Inspector General CRIMINAL INVESTIGATION Case# 13-14646 PLN.Supp.Disc.001947 FLORIDA DEPARTMENT OF CORRECTIONS OFFICE OF THE INSPECTOR GENERAL CASE SUMMARY REPORT Table of Contents h AUTHORITY 4 !h METHODOLOGY 4 JJI. …
Article • November 15, 2013 • from PLN November, 2013
Court Baffled by BOP's Steel-toe Boot Requirement for Prisoners by Derek Gilna In reviewing the appeal of federal prisoner York Wilson, convicted by a jury of “assault resulting in serious bodily injury,” the Seventh Circuit criticized the Bureau of Prisons’ (BOP) policy that requires most prisoners to wear steel-toe boots. …
Article • November 15, 2013 • from PLN November, 2013
Best Criminal Defense Pleading Ever! by Alex Friedmann PLN primarily reports on civil litigation involving prisons and jails rather than criminal cases. There are other resources that address criminal law; for example, Punch & Jurists (www.fedcrimlaw.com), which covers issues related to federal criminal cases. However, when we ran across a …
Federal Justice Grants Favor Prosecution, Law Enforcement Over Indigent Defense by A report by the Government Accountability Office (GAO) has confirmed what many criminal defendants too poor to afford an attorney have long suspected: While hundreds of millions in federal tax dollars go to support prosecutors, law enforcement and prisons …
Collateral Consequences Weighed for Corporations, Not for Individuals by Russell Mokhiber In case you had any doubt that federal prosecutors favor corporations over individuals, check out Mythili Raman's testimony before a House hearing on May 22, 2013. Raman is the acting chief of the Criminal Division at the Department of …
Article • May 15, 2013 • from PLN May, 2013
Maine Prisoner’s Contraband Conviction Vacated by On May 29, 2012, the Maine Supreme Judicial Court reversed a prisoner’s conviction for trafficking in contraband. The Court found it was proper for the trial court to allow a guard to testify about details not contained in her written report of the incident, …
Pennsylvania: No Prison Time for Guards Convicted of Abusing Prisoners by Christopher Zoukis A former Pennsylvania prison guard who was convicted on 27 counts of abusing prisoners will serve no prison time of his own, after a state court sentenced him to five years’ probation and six months on house …
Article • May 15, 2013 • from PLN May, 2013
Oklahoma Parole Board Members Charged with Violating Open Meeting Act by Christopher Zoukis Oklahoma City District Attorney David Prater announced on March 13, 2013 that all five members of the Oklahoma Pardon and Parole Board (“Board”) had been charged with criminal violations of the state’s Open Meeting Act in connection …
$17.75 Million Settlement for Victims of Pennsylvania “Kids for Cash” Scandal by David Reutter by David M. Reutter Several of the defendants in a “widespread scheme and subversion of the Luzerne County juvenile justice system” in Pennsylvania have agreed to a $17.75 million settlement to resolve a class-action federal lawsuit. …
California: Nine Detainees Charged in Jailhouse Killing; Five Sentenced to Life Terms by In January 2012, an Orange County, California judge sentenced two of nine detainees implicated in the jailhouse killing of a suspected child molester to terms of 15 years to life in prison. Three other detainees also were …
Oregon Jail Guard Gets Three Years for Sex with Prisoner by An Oregon jail guard has been sentenced to three years in prison for having a 19-month sexual relationship with a female prisoner. Mark W. Samuels, 54, was employed by the Marion County Sheriff’s Office as a guard at the …
Rearrest Improperly Frustrates Oregon Speedy Trial Rights by The En Banc Oregon Supreme Court held that the State may not thwart speedy trial rights by releasing and re-arresting criminal defendants. Oregon criminal defendants may be held in custody just 60 days before trial, ORS 136.290(1). If trial is not commenced …
Article • April 15, 2013 • from PLN April, 2013
Ninth Circuit Vacates Federal Prison Sentence Imposed by Non-trial Judge by by Derek Gilna Federal prisoner William Harris’ 188-month sentence for assaulting a prison guard was reversed by the Ninth Circuit Court of Appeals on May 25, 2012, based on a violation of Federal Rule of Criminal Procedure 25(b) “with …
South Carolina Sheriff Indicted; Fourth Sheriff to Face Criminal Charges in Three Years by Christopher Zoukis A South Carolina Sheriff has been removed from office following his indictment on criminal charges of misconduct and furnishing contraband to prisoners. Chesterfield County Sheriff Sanford (“Sam”) Marion Parker, Jr. was suspended by Governor …
Article • March 15, 2013 • from PLN March, 2013
Former California Prison Guard Convicted of Lying about Injury Sustained at Sex Club by In March 2012, an ex-prison guard and his wife were convicted of attempted perjury for trying to swindle California’s workers’ compensation system by claiming that injuries the guard sustained at a San Francisco sex club were …
Article • March 15, 2013
Iowa Supreme Court Supports Prisoner Suppression Motion by Derek Gilna In a case of first impression, the Iowa Supreme Court has reversed an Iowa Court of Appeals decision denying a "limited statutory right to a custodial in-person consultation with an attorney," and suppressed an operating a motor vehicle while intoxicated …
Oregon Jail Guard Convicted of Assaulting Prisoner, Gets 30 Days in Jail by On April 6, 2012, a jury convicted a former Oregon jail guard of assaulting a prisoner. The following month he was sentenced to 30 days in jail and a two-year term of probation. One day before his …
Article • February 15, 2013 • from PLN February, 2013
The Collapse of American Criminal Justice, by William J. Stuntz (Belknap Press of Harvard University Press, 2011). 432 pages, $35.00 by Derek Gilna Book review by Derek Gilna The late William J. Stuntz, a Harvard law professor who conducted extensive research into the “rule of law” in American society, authored …
Oregon Prosecutor’s Son Escapes Mandatory Prison Time for Sexual Assault by Commit sexual abuse in Oregon and you face a mandatory prison sentence of 75 months – unless your father happens to be a prosecutor, apparently. In December 2011, Jacob Frasier, 17, the son of Coos County District Attorney Paul …
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