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Article • November 15, 2013 • from PLN November, 2013
Prisoners in Texas Jail Providing Less Slave Labor by According to Taylor County, Texas Sheriff Les Bruce, prisoners at the county jail in Abilene are performing less free labor than in the past. Bruce allowed low-risk prisoners convicted of non-violent offenses to perform work for the county in exchange for …
Article • November 15, 2013 • from PLN November, 2013
Book Review: Against Their Will: The Secret History of Medical Experimentation on Children in Cold War America by Christopher Zoukis by Allen M. Hornblum, Judith L. Newman and Gregory J. Dober (Palgrave MacMillan, 2013). 266 pages. $27.00 Book review by Christopher Zoukis According to Oswald Spengler, writing in The Decline …
Article • November 15, 2013 • from PLN November, 2013
Second Circuit: Bankruptcy Automatic Stay is No Excuse for Non-payment of Restitution by Derek Gilna Philip Colasuonno, a defendant in the U.S. District Court for the Southern District of New York, was resentenced to 4 months in prison after the court found he had “willfully violated probation by failing to …
Third Circuit Reverses More Stringent Conditions of Supervised Release by Derek Gilna In 2004, Charles F. Murray was sentenced to 95 months in federal prison after pleading guilty to possession of child pornography and traveling interstate to engage in illicit sexual conduct with a minor. As part of his sentence …
California: State Not Liable for Failure to Provide Needed Treatment so Long as Medical Care is Summoned by On January 15, 2013, the California Court of Appeal held that state prison officials were immune from liability, as a matter of law, for decisions that resulted in a prisoner failing to …
Article • November 15, 2013 • from PLN November, 2013
Philippines Prison Suspends Thriller Dancers by On February 24, 2012, guards at a maximum-security facility in the Philippines were so spooked following an incident involving a prisoner with a homemade weapon that they temporarily suspended the prison’s dance troupe, which became internationally famous for its 2007 choreographed homage to Michael …
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
Prison Sentence Imposed for Sole Purpose of Drug Treatment Vacated by Eighth Circuit by Derek Gilna In a “plain error” reversal of a district court’s order imposing a 24-month sentence on a defendant who violated the terms of his supervised release for the sole purpose of ensuring that he could …
Article • November 15, 2013 • from PLN November, 2013
Connecticut Supreme Court Reverses FOIA Disclosure of NCIC Printout by The Connecticut Supreme Court held on September 27, 2012 that a National Crime Information Center (NCIC) printout was exempt from production under the state’s Freedom of Information Act (FOIA), because a federal regulation barred its disclosure. Rashad El Badrawi was …
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 …
Article • November 15, 2013 • from PLN November, 2013
Filed under: Sentencing, Probation
California: No-Gang-Contact Probation Condition Struck Down by On October 24, 2012, the California Court of Appeal modified a no-gang-contact condition of probation placed on a defendant who had pleaded no contest to possessing methamphetamine. The appellate court held that because neither the defendant nor his family had any ties to …
Four West Virginia Officials, including Circuit Court Judge, Face Federal Charges by Christopher Zoukis A former West Virginia judge is facing up to ten years in federal prison after pleading guilty to charges that he conspired to protect a county sheriff from allegations of drug-related activity. Former Mingo County Circuit …
Ninth Circuit: Adam Walsh Detention Doesn’t Toll Term of Supervised Release by Derek Gilna In a case of first impression, the Ninth Circuit Court of Appeals held that the period of time spent in civil confinement under the Adam Walsh Act does not constitute “imprisonment,” and that a defendant’s period …
Article • November 15, 2013 • from PLN November, 2013
ICE Directive May Limit Solitary Confinement of Immigrant Detainees by Derek Gilna Many human rights activists have noted that Immigration and Customs Enforcement (ICE), which is protected by draconian post-9/11 legislation and U.S. Department of Homeland Security (DHS) rule-making power, has been prone to abusive detention practices – especially in …
Denial of Contraceptive Pill to Prisoner States Cause of Action by A U.S. District Court in Florida has held that the denial of a prisoner’s access to a contraceptive pill to prevent pregnancy, based on a jail employee’s religious beliefs, states a cause of action. The plaintiff in the case, …
Article • November 15, 2013 • from PLN November, 2013
Filed under: Media, Access to Media
The Too-Many Prisoners Dilemma by Dan Froomkin Prisons are a vast, undercovered but important beat. Why we need more criminal justice coverage by Dan Froomkin There’s a growing national consensus that, as Attorney General Eric Holder stated in August, “too many Americans go to too many prisons for far too …
Article • November 15, 2013 • from PLN November, 2013
Filed under: News, News in Brief
News in Brief by California: Reggie Alcantar, 31, was charged with felony battery and elder abuse on May 14, 2013 following an incident at the popular Tom’s Farms attraction near Corona. An investigation determined that Alcantar pushed a 71-year-old security guard to the ground, causing him to suffer a broken …
Article • November 15, 2013 • from PLN November, 2013
From the Editor by Paul Wright By now all PLN subscribers should have received their annual fundraising letter. Subscription and advertising income alone does not cover the cost of producing each month’s issue. Most importantly, it does not cover the cost of the advocacy we do on behalf of prisoners …
Article • November 15, 2013 • from PLN November, 2013
Texas Judges Rarely Disciplined, Seldom Publicly by Matthew Clarke by Matt Clarke In 2009, former Harris County, Texas state district judge Woodrow “Woody” Densen was caught on surveillance video keying a neighbor’s car, causing significant damage. The video received widespread media coverage. He pleaded guilty to a misdemeanor charge of …
Article • November 15, 2013 • from PLN November, 2013
Filed under: Sentencing, Habeas Corpus, AEDPA
Habeas Hints: Staring Down the Two-Headed Monster: Richter-Pinholster 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 the Antiterrorism and Effective Death Penalty …
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