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Article • February 17, 2016
Filed under: Appeals, Mental Health
Mentally Ill Oregon Prisoner's Appeal Dismissed for Hanging Up on Judge by Mark Wilson The Oregon Court of Appeals upheld the dismissal of a mentally ill prisoner's appeal for hanging up from telephonic hearings while the judge was speaking. Oregon prisoners may file a collateral appeal known as a post-conviction …
Article • February 17, 2016
Oregon Guard's Wrongful Discharge Suit for False Poisoning Claim Revived by Mark Wilson The Oregon Court of Appeals reinstated a wrongful termination suit of a youth prison guard who claimed that someone poisoned his unattended Vitamin Water. The trial court improperly applied an objective reasonableness standard, when only a subjective, …
Article • February 17, 2016
Filed under: Guilty Pleas
Oregon Court's No Plea Policy is Abuse of Discretion by Mark Wilson The Oregon Court of Appeals held that rejecting guilty pleas that reduce misdemeanors to violations solely on the basis of a policy of refusing to allow defendants who are charged with misdemeanors to plead guilty to violations was …
Article • February 17, 2016
Filed under: Restitution, Family
No Oregon Restitution for Post-Crime Conduct by Mark Wilson The En Banc Oregon Court of Appeals reversed a lower court's imposition of restitution stemming from a defendant's post-crime unlawful conduct. Oregon law authorizes sentencing courts to impose restitution only for economic damages which result from a crime that a criminal …
Article • February 17, 2016
Former Oregon Youth Prison Guard Gets 65 Years for Molesting Children by Mark Wilson A former Oregon juvenile prison guard has been sentenced to 65 years in prison for multiple sex crimes against children. During the 1990s, Frank Milligan was employed by the Oregon Youth Authority (OYA) as a group …
Article • February 17, 2016
Filed under: Strip Searches
Dehumanizing and Humiliating Oregon Strip Search Suppresses Evidence by Mark Wilson The Oregon Court of Appeals held that police conducted a "dehumanizing and humiliating" illegal warrant less search when three officers handcuffed a criminal defendant and forcibly spread his buttock cheeks apart to find a baggie of cocaine "pressed against" …
Article • February 17, 2016
Filed under: Police Misconduct
Oregon Attorney General Investigates Small Town Police Chief by Mark Wilson The Oregon Department of Justice (DOJ) has initiated a criminal investigation against the Police Chief and second-in-command of a small, four-man Oregon police department. Stanfield is a small Eastern Oregon community of 2,040 people on the Washington border. The …
Article • February 17, 2016
Oregon Grand Jury Faults Lenient Pass Policies for Murder by Mark Wilson "There seemed to be a permeating sense of leniency," that allowed an Oregon prisoner to brutally murder his ex-girlfriend while on a pass, a grand jury report concluded. "Consequently, we feel that the current attitudes and practices at …
Article • February 17, 2016
Filed under: DOC/BOP misconduct
Fired Oregon Corrections Inspector General Threatens $3 Million Lawsuit by One month after filing a notice of intent to bring a $3 million lawsuit against his employer, Oregon Department of Corrections (ODOC) Inspector General (IO) Leonard Williamson, was terminated. "I have never heard of this before in my entire career," …
Oregon Cop Faces Criminal Charges for Coercing Multiple Women into Sex by Mark Wilson An anonymous letter accusing several Oregon police officers of intimidating women into sexual relationships and other misconduct has prompted resignations, suspensions, a criminal investigation, and possible charges. In April 2015, an anonymous letter was sent to …
Article • February 17, 2016
Oregon Sell Order Authorized Even if State Hospital Disagrees by Mark Wilson The En Banc Oregon Supreme Court held that trial courts have implied authority to issue Sell orders directing the Oregon State Hospital (OSH) to administer involuntary medication to restore a criminal defendant's capacity to stand trial, even when …
Article • February 17, 2016
Oregon Applies Total Sentence Approach to Assess Pearce Vindictiveness by Mark Wilson The Oregon Court of Appeals held that the "total sentence approach" is the proper test for assessing whether an increased sentence after a successful appeal is presumptively vindictive. In North Carolina v. Pearce, 395 U.S. 711, 89 S.Ct. …
Article • February 17, 2016
Filed under: Blood, Restraints
Texas City, County and Officers May be Liable in Suit over Excessive Use of Force to Involuntarily Draw Blood by Texas City, County and Officers May be Liable in Suit over Excessive Use of Force to Involuntarily Draw   Blood   On July 14, 2015, a Texas federal court issued an …
Article • February 17, 2016
Federal Court Refuses to Dismiss Colorado Warden from Prisoner's Inadequate-Medical-Care Suit by Matthew Clarke On June 26, 2015, a Colorado federal court denied a warden's motion to dismiss him from a prisoner's lawsuit claiming near-fatal deliberate indifference to his serious medical. The warden was included in the suit for failure …
Article • February 7, 2016
Book Review: Making Manna by Eric Lotke by Making Manna by Eric Lotke (Brandylane 2015) Book review by Malcolm C. Young, Attorney and Consultant Making Manna is fiction, but it tells a real story. People who have been involved in criminal justice will recognize large parts of the story from …
$2,925,000 Federal Jury Award for California Man's Police Restraint Death by On July 1, 2015, a California federal jury awarded survivors of a man who was killed by police due to restraint asphyxia $2,925,000. Robert Ramirez, 26, told a female friend he had swallowed an "eight ball," about 3.5 grams …
Article • February 3, 2016
Pennsylvania State Security Firm Drops Terrorist Tag for Environmental Activists by Derek Gilna Pennsylvania State Security Firm Drops Terrorist Tag for Environmental Activists   by Derek Gilna   Domestic covert surveillance of peaceful political activists by law enforcement is not a new thing, although the newest manifestation of this practice …
Article • February 3, 2016
Michigan Law Students Compile Fifty-State and BOP Grievance Policies by Derek Gilna The Michigan Law Prison Information Project (MLPA), an organization staffed largely by law students and supervised by Professor Margo Schlanger, compiled in January 2014, an exhaustive comparison of prison grievance policies. According to that organization, "The goal of …
Pennsylvania Law Requiring Lifetime Registration of Juvenile Sex Offenders Unconstitutional by The Pennsylvania Supreme Court Held the Commonwealth's mandatory lifetime registration of juvenile sexual offenders is unconstitutional. The Court concluded that juveniles have “a constitutionally protected interest in their reputation that has been encroached by the use of an  irrebuttable …
Article • February 3, 2016 • from PLN February, 2016
Settlement Ends Montgomery, Alabama Debtor’s Prison by David Reutter Debtor’s prison has come to an end in the city of Montgomery, Alabama. Following a federal district court’s grant of a preliminary injunction requiring the city to correct its unconstitutional practice of jailing people who could not afford to pay fines, …
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