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Article • April 15, 2013
Court Upholds Guilty Plea Although Defendant Wasn't Advised of Adam Walsh Impact by Derek Gilna Mark Allen Youngs pleaded guilty to child pornography offenses, and as part of the sentencing process was advised by the district court of his various rights under Rule 11, but was not advised of possible …
Article • April 15, 2013
DC District Court Denies Motion to Compel Production Request on Fees by Derek Gilna On December 18, 2007 the United States District Court for the District of Columbia has refused a request by the District of Columbia and others, in a consolidated civil action brought before it, to compel production …
Article • April 15, 2013
Florida Supreme Court Affirms Prisoner’s Death Sentence by The Supreme Court of Florida affirmed in February 2012 the circuit court’s denial of post-conviction relief in the death sentence of William Van Poyck. Appellant Van Poyck filed in 2007 a motion alleging his non-triggerman status as being of sufficient weight to …
Cook County Jail Agrees to Improvements by Brandon Sample It took a federal lawsuit by the United States Department of Justice to get Cook County to finally agree to remedy decades of inadequate conditions at its infamous Cook County Jail (CCJ). The sweeping deal between Cook County and the Justice …
Pre-SORNA Offenders Not Required to Register Until Attorney General’s Regulations Issued by Brandon Sample On March 13, 2009, the U.S. Court of Appeals for the Fourth Circuit joined in a growing circuit split over the applicability of the Sex Offender Registration and Notification Act (SORNA) to offenders who failed to …
Article • April 15, 2013
Filed under: Mental Health
Oregon Schizophrenic Gets 7.5 Years for Stabbing Guard by A schizophrenic Oregon criminal defendant was sentenced to seven and a half years in prison for stabbing a jail guard in the face with a pencil. On August 7, 2011, Washington County Jail (WCJ) guard Adam Slater, then 27, was working …
Pennsylvania Supreme Court Reinstates Homeless Man's Failure-to-Register Conviction by In 1998, William Howard Wilgus was convicted of aggravated indecent assault. Because he was a sexually violent predator, he was required to register under the Megan's Law 42 Pa. C.S. § 9795.1 (6) (4). His five years to life imprisonment sentence …
Article • April 15, 2013
Pennsylvania Supreme Court Upholds Right-to-Know Law on Public Records by On May 29, 2012, Pennsylvania Supreme Court upheld the Right-to-Know Law (RTKL), which generally provides access to public records of a Commonwealth or local agency. Gretchen Wintermantel, a reporter for the Scranton Times Tribune, used the RTKL to have access …
Article • April 15, 2013
Preliminary Injunction Granted for Florida Prisoner's Medical Treatment by On November 19, 2009, U.S. District judge granted Motion for Preliminary Injunction that would not delay the prisoner's treatment recommended by outside specialists and physicians. In early 2008, while in State's custody, Rosemarie M. was diagnosed with uterine fibroid tumor which …
Article • April 15, 2013
Probationary State Employee Legally Terminated by Seventh Circuit of Appeals denied First Amendment retaliatory claim and violation of procedural due process rights. Samone Redd, a probationary employee with the Cook County Department of Correction, witnessed an argument outside of a Chicago residence and rode with Detective Doughty to locate the …
Article • April 15, 2013
Filed under: Sentencing, Good Time
California Court of Appeal Grants Increased Award of Conduct Credit to Jail Detainee by The California Court of Appeal, Fourth Appellate District, has held that an amendment to Penal Code section 4019, which increased the amount of presentence conduct credit to which a jail detainee is entitled, operates to the …
Article • April 15, 2013
Filed under: Sentencing, Habeas Corpus
Non-Sentencing Court Cannot Adjust Sentence on Habeas by On November 15, 2011, the Tenth Circuit Court of Appeals affirmed a New Mexico federal district court’s order dismissing a habeas petition under 28 U.S.C. § 2241 that sought to adjust a sentence imposed by a California federal district court. The New …
Article • April 15, 2013
Second Circuit Upholds FRCP 4(m) Dismissal for Untimely Service by The Second Circuit Court of Appeals affirmed the dismissal of a New York woman's false arrest suit, for failure to timely serve Defendants. On July 14, 2010, Leslie Meilleur brought federal suit against several New York Police Department officers, alleging …
Seventh Circuit: No Minimum Wage for Civilly Committed Sex Offenders by The Seventh Circuit Court of Appeals held that civilly committed sexually violent offenders are not entitled to minimum wage for the labor they perform. After serving his prison sentence, Paschall L. Sanders, III, was civilly committed to a secure …
Article • April 15, 2013
Sixth Circuit Court Reverses a First Amendment Retaliation Issue by The United States Court of Appeals for the Sixth Circuit reversed and remanded in May 2012 a Michigan district court’s decision for the defendant in a prison guard’s suit against prison officials for retaliatory job reassignment at the prison. Ruth …
Article • March 15, 2013
Mass Incarceration Now, Tomorrow, Forever: Gov. Jerry Brown and the Politics of Court Bashing by Jonathan Simon by Jonathan Simon, Professor of Law Just about two years ago, in May 2011, the US Supreme Court in Brown v. Plata 131 S.Ct. 1910 (2011) upheld what Justice Scalia called the "most …
Who Polices Prosecutors Who Abuse Their Authority? Usually Nobody by Joaquin Sapien by Joaquin Sapien, ProPublica, and Sergio Hernandez, Special to ProPublica The murder case against Tony Bennett seemed pretty straightforward. Shortly before midnight on May 7, 1994, police found a 26-year-old man in the foyer of an apartment building …
Lasting Damage: A Rogue Prosecutor’s Final Case by Joaquin Sapien ProPublica Among the thousands of prosecutors who have tried cases in the name of the people of New York City, Claude Stuart came to hold a handful of unfortunate distinctions: • He was a serial abuser of his authority. State …
Article • March 15, 2013
Pre-Suit Notice Not Required by Texas Tort Claims Act by Brandon Sample Serving a lawsuit within six months of an injury or loss satisfies the notice requirement of the Texas Tort Claims Act (TTCA), the Supreme Court of Texas held on October 1, 2010. Glen Colquitt sued Brazoria County under …
Article • March 15, 2013
Wisconsin Prisoner's Pro-Se AEDPA Action Dismissed, Reversed and Remanded by Derek Gilna The U.S. District Court for the Western District of Wisconsin's denial of a pro-se application for a writ of habeas corpus by prisoner Stanley E. Martin, Jr., was reversed and remanded by the Seventh Circuit Court of Appeals …
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