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Article • October 15, 2009 • from PLN October, 2009
“Habeas Hints” by Kent A. Russell by Kent Russell This column provides “habeas hints” to prisoners who are considering or handling habeas corpus petitions as their own attorneys (“in pro per”). The focus of the column is on habeas corpus under AEDPA, the 1996 habeas corpus law which now governs …
Article • September 15, 2009 • from PLN September, 2009
Innocent Georgia Man Receives $500,000 as Compensation for Rape Conviction by The State of Georgia paid $500,000 to a man who spent 28 years in prison for a rape he did not commit. John Jerome White was arrested in 1979 after an elderly woman identified him during a police line …
Article • September 15, 2009 • from PLN September, 2009
FBI And States Expand Collection Of DNA To The Innocent by Brandon Sample DNA collection is expanding to individuals arrested or detained as state and federal law enforcement officials seek to solve more crimes. The Federal Bureau of Investigation (FBI) joined 15 states in April 2009 that collect DNA from …
Texas Posthumously Exonerates Man Who Died in Prison by Matthew Clarke by Matt Clarke On February 6, 2009, Travis County District Judge Charlie Baird did what no other Texas judge had done before – he exonerated a dead man. Timothy Brian Cole, who died of asthma due to medical neglect …
Article • July 15, 2009
DNA Collection from Probationers Does Not Violate Fourth Amendment by The collection of DNA from probationers does not run afoul of the Fourth Amendment, the U.S. Court of Appeals for the First Circuit decided July 7, 2008. The court’s decision comes in an appeal by the government from a lower …
Lab Technician Denied Qualified Immunity In Former Prisoner’s Lawsuit by In 1984, Dennis Patrick Brown was convicted of rape and sentenced to life in prison. With the assistance of The Innocence Project, the DNA tests were repeated in 2003 and revealed Brown was innocent. Brown was released and the City …
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 …
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 …
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 …
Article • January 15, 2009
Oregon DNA Law Not Unreasonable Search and Seizure by Oregon’s highest court has held that the state’s DNA law does not violate state or federal constitutional prohibitions against unreasonable searches and seizures. In 2003, Travis Sanders was convicted of a felony and sentenced to an 18-month term of probation. Pursuant …
Article • January 15, 2009
Non Violent Felons' DNA Collection On Supervised Release Held Constitutional by Federal supervised releasee Thomas Kriesel, Jr., appealed the collection of his DNA pursuant to statutory amendments enacted after his conviction. The DNA collection was upheld. Kriesel pled guilty to methamphetamine distribution in 1999 and received 30 months incarceration and …
$1.95 Million for 18 Years Wrongful Imprisonment in North Carolina by On February 16, 2007, a North Carolina man who spent 18 years in prison for a rape he didn’t commit settled with the State and the City of Winston-Salem for $1,958,454. Darryl Hunt, a black man, was imprisoned in …
Article • September 15, 2008 • from PLN September, 2008
Virginia Felons Notified of Possible Exculpatory DNA Evidence – Eventually by Gary Hunter Virginia Felons Notified of Possible Exculpatory DNA Evidence – Eventually by Gary Hunter On January 9, 2008, Virginia’s state Forensic Science Board (FSB) voted 6 to 5 against notifying convicted defendants that DNA evidence had been discovered …
Article • August 15, 2008
Tenth Circuit Upholds DNA Testing by Richard Banks, Mary Doyle, Stanley Acuff, Melanie Alpin and Lisa Bell, all non-violent federal prisoners, challenged amendments to 42 U.S.C. § 14132(a), et seq, which allowed officials to collect blood samples from non-violent prisoners for DNA testing. The district court upheld the amendments, and …
Article • August 15, 2008
DNA Collection Statute’s Retroactive Application to Violate Federal Prisoner’s Parole Upheld by On July 23, 1998, John Reynard robbed a branch of the Bank of America in San Diego, California. On December 21, 1998 he was sentenced to thirty months in federal prison. In November of 2000 he was paroled …
Article • August 15, 2008 • from PLN August, 2008
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 …
Exonerated Montana Prisoner Sues State, Receives $3.5 Million by In January 2008, the state of Montana settled a lawsuit filed by a former prisoner who had been wrongfully convicted of raping a child, paying him $3.5 million. The settlement was the largest amount the state had ever paid for a …
Article • August 15, 2008
New Jersey DNA Act Constitutional by The New Jersey Supreme Court has held that the New Jersey DNA Database and Databank Act of 1994 is constitutional under the state and federal constitutions. It also noted that a blood sample or cheek swab constitutes a search. The Court found the main …
Compassionless Conservative Texas Judge Closes Court Promptly, Ensuring Execution by Matthew Clarke by Matt Clarke Sharon Keller, 54, presiding judge of the Texas Court of Criminal Appeals, has come under sharp criticism for refusing to keep the court open twenty minutes past its usual closing time to permit a late …
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