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Article • October 15, 2024 • from PLN October, 2024
Third Circuit Finds Relation-Back Rule Misapplied to Philadelphia Prisoner’s “Crappy” Ordeal Lawsuit by David Reutter by David M. Reutter On March 21, 2024, the U.S. Court of Appeals for the Third Circuit vacated summary judgment in favor of a Philadelphia Department of Corrections (DOC) guard, who was accused of leaving …
Article • October 15, 2024 • from PLN October, 2024
Two Wrongful Tennessee Convictions Result in Payouts Over $1 Million by An undisclosed settlement with Grundy County on May 22, 2024, added to a $1 million payout that former Tennessee prisoner Adam Braseel had already received for 12 years he spent wrongfully imprisoned. That earlier award from the state Department …
Article • October 15, 2024 • from PLN October, 2024
Unequal Before the Law by Stephanie Woodard by Stephanie Woodard Native Americans serve astoundingly longer prison sentences—because they are Native. Federal charges ordinarily cover matters of national reach: immigration, voting rights, racketeering. Not in Indian Country. Tribal members frequently find themselves in federal court for all sorts of allegations— not …
Article • October 15, 2024 • from PLN October, 2024
Alaska Supreme Court: DOC Can’t Unilaterally Redefine ‘Parole Release Date’ by Douglas Ankney by Douglas Ankney On December 8, 2023, the Supreme Court of Alaska held that the state Department of Corrections (DOC) violated the rulemaking process laid out in the Administrative Procedures Act (APA) when it unilaterally changed the …
Missouri DOC Chief Held in Contempt of Court for Keeping Exonerated Prisoner Locked Up by On August 7, 2024, the head of Missouri’s Department of Corrections (DOC) was held in contempt by a state court judge for refusing to release Howard Roberts, 82, after the prisoner’s conviction was overturned. State …
Florida Prisoner Whose Case Ended LWOP for Juveniles Released by On February 13, 2024, a judge in Florida’s Duval County amended state prisoner Terrence Graham’s sentence, paving the way for the 37-­year-­old’s release later that same month. Sentenced to life without parole (LWOP) in 2006 for crimes committed when he …
Article • September 15, 2024 • from PLN September, 2024
Alabama Court of Criminal Appeals Grants Credit to Prisoner’s LWOP Sentence by Douglas Ankney by Douglas Ankney On February 9, 2024, the Alabama Court of Criminal Appeals held that even though Henry Neal Ferguson III had been sentenced to life in state prison without the possibility of parole (LWOP), he …
Washington Parole Board Failed to Meaningfully Apply Presumption of Release for Prisoner Sentenced to LWOP as Juvenile by On April 11, 2024, the Washington Court of Appeals refused to reconsider an earlier finding that the state’s Indeterminate Sentence Review Board (ISRB) failed to meaningfully apply the statutory presumption that prisoners …
Article • September 15, 2024 • from PLN September, 2024
Oklahoma Lawmakers Sue for Pardon and Parole Board Texts After Condemned Prisoner Denied Clemency by On March 14, 2024, a dustup over a contentious clemency request for condemned Oklahoma prisoner Richard Glossip spilled into state court, where a judge refused to dismiss a suit filed by two state lawmakers to …
California Supreme Court Refuses Challenge to LWOP Sentence Imposed for Crime Committed After Age 18 by Under California Penal Code § 3051, prisoners who were 18 to 25 years old when they committed certain crimes are eligible for parole after serving 15, 20 or 25 years, even if sentenced to life …
Article • August 15, 2024 • from PLN August, 2024
$11 Million Settlement for Exonerated Michigan Prisoner by David Reutter by David M. Reutter On October 17, 2023, Michigan State Police (MSP) paid $11 million to settle claims by former state prisoner Ray McCann, Jr., 57, after a jury awarded him $14.5 million for his wrongful conviction on a perjury …
Article • August 15, 2024 • from PLN August, 2024
Maryland Pardons 175,000 Marijuana Misdemeanor Convictions by Maryland prisoners with misdemeanor marijuana convictions had them erased as of June 18, 2024, when Gov. Wes Moore (D) issued pardons for every state misdemeanor conviction for possession of pot or related paraphernalia. The pardons will not release any prisoners; the misdemeanor convictions …
Brief • August 5, 2024
Filed under: Wrongful Conviction
Amor v. Gomez, IL, Order, Wrongful Conviction, 2024 Case: 1:18-cv-02523 Document #: 385 Filed: 08/05/24 Page 1 of 1 PageID #:36828 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION JEANNE OLSON, as successor plaintiff for WILLIAM E. AMOR, Plaintiff(s), Case No. 1:18-cv-02523 Judge John …
Article • July 1, 2024 • from PLN July, 2024
Exonerated Prisoner Sues New York City for 16 Years of Wrongful Incarceration by Former New York prisoner Ricardo Jimenez, 55, filed suit in federal court for the Southern District of New York on August 2, 2023, accusing New York City and three former officers with its Police Department (NYPD), as …
Article • July 1, 2024 • from PLN July, 2024
Filed under: Pardons/Clemency
Hope Against Hope by Daryl Waters by Daryl Waters A candid portrait of the experience of obtaining clemency in Louisiana—a route to freedom now severely threatened by a new carceral governor. When the team of filmmakers behind the Visiting Room Project approached Daryl Waters about making a short profile of …
Article • July 1, 2024 • from PLN July, 2024
Filed under: Wrongful Conviction
$56.7 Million Awarded to “Harlem Park Three,” Exonerated of Baltimore Murder After 36 Years in Prison by David Reutter by David M. Reutter   On September 29, 2023, Maryland’s Baltimore Board of Estimates approved a $48 million settlement for former state prisoners Alfred Chestnut, Andrew Stewart, Jr. and Ransom Watkins, …
Federal Sentencing Guidelines Place Heavy Burden on Incarcerated Victims of Sexual Assaults by David Reutter by David M. Reutter   The Prison Rape Elimination Act (PREA) marked a critical step in condemning and curbing sexual assault and harassment in jails and prisons. Sadly, rape, groping and sexual harassment still occur …
Article • July 1, 2024 • from PLN July, 2024
Wrongfully Convicted Michigan Prisoners Wait for Compensation by Seven years after Michigan lawmakers adopted the Wrongful Imprisonment Compensation Act (WICA)—and 17 years after state Sen. Steve Beida (D-Warren) began working to get it passed by a legislature then dominated by Republicans and signed by then-Gov. Rick Snyder (R)—a group of …
Article • July 1, 2024 • from PLN July, 2024
Virginia Legislature Tables “Second-Look” Bills by Virginia’s General Assembly tabled a pair of bills that would have provided a path to early release for state prisoners after serving at least 15 years with good behavior, with Senators continuing S.B. 427 to next year’s session on February 28, 2024, and the …
Brief • July 1, 2024
Filed under: Wrongful Conviction
Rubalcava v. City of San Jose, CA, Settlement, Wrongful Conviction, 2024 14. Entire Agreement. This document is a fully integrated contract. It contains all agreements, covenants, understandings, representations, and warranties between the Parties concerning the subject matter of the Agreement. The Parties have made no other express or implied agreements, …
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