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Article • November 7, 2016 • from PLN November, 2016
Federal Prisoner Tells President “No Thanks” to Offer of Clemency with RDAP Condition by Derek Gilna Federal prisoner Arnold Ray Jones was one of almost 30,000 applicants seeking executive clemency from President Obama, including those who took part in Clemency Project 2014, which was launched to provide much-needed relief to …
Article • November 7, 2016 • from PLN November, 2016
Oregon Parole Board Incorrectly Prohibited Legal Assistant from Speaking at Parole Hearing by Mark Wilson Last year, the Oregon Court of Appeals held that a prisoner was improperly compelled to choose between having his mother or a legal assistant speak on his behalf at a parole hearing. Oregon state prisoner …
ACLU Sues California as Incompetent Defendants Wait in Jail for Mental Health Treatment by Joe Watson The ACLU filed a lawsuit last year on behalf of defendants declared incompetent to stand trial who languish in county jails across California while they await transfers to state mental health facilities. When the …
Indiana Federal Court Certifies Habeas Corpus Class of Prisoners Disciplined for Refusing to Admit Guilt in Sex Offender Program by Matthew Clarke On September 30, 2015, a U.S. district court certified a class of Indiana state prisoners who refused to admit their guilt as part of the Indiana Sex Offender …
Article • November 7, 2016 • from PLN November, 2016
Supervised Release Term Does Not Limit Prison Sentence Upon Violation by The Eleventh Circuit Court of Appeals held “that upon revocation of supervised release a defendant may be sentenced to the felony class limits contained in [18 U.S.C.] § 3583(e)(3) without regard to imprisonment previously served for revocation of supervised …
Wayward Prosecutors Go Unpunished as Prison Time for Victims Piles Up by by Brooke Williams & Shawn Musgrave Massachusetts prosecutors have violated defendants’ rights to a fair trial regularly and without punishment, even as wrongfully convicted victims of tainted prosecutions have spent years in prison before being freed, decades of …
Brief • November 7, 2016
USA v. Dimasi, MA, Memorandum and Order re Amended Sentence II, Government Corruption, 2016 Case Case1:09-cr-10166-MLW 1:09-cr-10166-MLW Document Document910-1 909 Filed Filed11/17/16 11/17/16 Page Page11ofof69 69 UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS UNITED STATES OF AMERICA, V. SALVATORE F. Cr. No. 09-10166-MLW DIMASI, Defendant. MEMORANDUM AND ORDER WOLF, D.J. …
Pennsylvania v. Livingstone, PA, Appeal-Opinion, Illegal Detention, 2016 [J-112-2016] IN THE SUPREME COURT OF PENNSYLVANIA WESTERN DISTRICT SAYLOR, C.J., BAER, TODD, DONOHUE, DOUGHERTY, WECHT, MUNDY, JJ. COMMONWEALTH OF PENNSYLVANIA, Appellee v. VICTORIA LIVINGSTONE, Appellant : : : : : : : : : : : No. 11 WAP 2016 Appeal …
Arizona Governor's Record on Clemency is Brutal, Unlikely to Change by In Arizona, where most residents throughout the state seldom experience thunderstorms, data shows that it's more likely criminal offenders will be struck by lightning than granted clemency by the governor. And the rarity of commutation is likely to be …
Article • November 1, 2016
Texas Parole Commissioner Indicted for Falsifying Parole Records by Matthew Clarke On October 1, 2014, a Walker County grand jury indicted Texas parole commissioner Pamela Freeman for making "a false entry in a government record, to-wit: Parole memorandum, said false entry being that an inmate 'refused to interview.'" Freeman, who …
Ninth Circuit Finds Arizona's Sex Offender Registration Law Not Ex Post Facto Violation by Matthew Clarke On September 2, 2016, a three-judge panel of the Ninth Circuit U.S. Court of Appeals found that Arizona's sex offender registration law may be constitutionally applied to persons who committed their offense prior to …
Nearly 2% of U.S. Adults on Parole or Probation at Year-End 2013 by Matthew Clarke According to a statistical report released by the U.S. Department of Justice's Bureau of Justice Statistics in October 2014, there were nearly 4.8 million U.S. adults on some form of community supervision at the end …
AL: Insurance Company Required to Pay $2.3M Award in Wrongful Imprisonment Suit by Lonnie Burton Robert Garland and John Tatum were convicted and sentenced in 1991 on federal drug charges. They were later released when, in 1992, Captain Jerry Newton of the Andalusia, Alabama police department admitted to a fellow …
Few Oklahoma Exonerees Paid for Their Wrongful Incarceration by Matthew Clarke Despite Oklahoma having a wrongful-conviction compensation statute on the books since 2003, few exonerees in that state have received payment. One example of the battles exonerees face is the case of Greg Wilhoit, who was sentenced to death for …
Article • October 25, 2016
Federal Court Sends Case Regarding Wrongful Job Termination Based on Felony Convictions to N.Y. State Court with Certified Questions by Lonnie Burton On August 30, 2016, the Second Circuit United States Court of Appeals certified three questions to the New York State Court of Appeals to help them resolve a …
Article • October 25, 2016
Controversy over Oklahoma's Calculation of Prisoners' Release Dates by Matthew Clarke High-profile crimes allegedly committed by two former Oklahoma Department of Corrections (DOC) prisoners after they were released early from prison has generated controversy over how the DOC calculates release dates. Desmond La'don Campbell was convicted of attempted kidnapping and …
8th Circuit: "Favorable Termination" Rule Applies Even if Plaintiff No Longer Incarcerated by Lonnie Burton In Heck v. Humphrey, 512 U.S. 477 (1994), the Supreme Court ruled that a prisoner could not bring a suit for damages for an unconstitutional conviction or imprisonment, unless and until the underlying conviction has …
Brief • October 17, 2016
USA v. Dimasi, MA, Memorandum and Order re Amended Sentence I, Government Corruption, 2016 Case 1:09-cr-10166-MLW Document 873 Filed 10/17/16 Page 1 of 8 UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS UNITED STATES OF AMERICA, v. Cr. No. 09-10166-MLW SALVATORE F. DIMASI, Defendant. MEMORANDUM AND ORDER WOLF, D.J. In 2011, …
Article • October 14, 2016
Ohio Supreme Court: Inference of Motive Justifies Death by Mark Wilson The Ohio Supreme Court affirmed the death sentence of a man who was sentenced to death by a three-judge panel on a mere inference of motive. David Williams, Nicholas Wiskur and Robin Patterson entered into a failed Ohio business …
Article • October 14, 2016
Pardon for Michigan Attorney Has Political Connotations by After Michigan Governor Rick Snyder reorganized the state’s parole board, he told its new members he had an interest in granting pardons to prevent a criminal conviction from being an economic barrier to applicants. Then, in March 2015 he granted a rare …
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