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Article • March 15, 2013
Filed under: Sentencing, Habeas Corpus
Fifth Circuit Court of Appeals Denies Prisoner's Habeas Petition Challenging Calculation of Sentence by Derek Gilna Prisoner Isaac Leigh Hunter appealed from the district court's denial of his application for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. Hunter was seeking relief from a decision of the …
Article • March 15, 2013
New Hampshire Supreme Court Affirms Order of Superior Court Denying His Motion to Amend the Conditions of His Suspended Sentence by Derek Gilna In an opinion issued on September 17, 2010, the State Supreme Court in New Hampshire upheld the Superior Court's denial of defendant Jonathan A. Perfetto's motion to …
Article • March 15, 2013
Wisconsin Prisoner's Pro-se AEDPA Action Rejected by Seventh Circuit by Derek Gilna In an appeal from the U.S. District Court for the Western District of Wisconsin, Ronald Romanelli, a prisoner at the Columbia County Jail, was unsuccessful in convincing the Seventh Circuit of the United States Court of Appeals to …
Wisconsin Supreme Court Upholds Disciplinary Result by David Reutter By: David M. Reutter The Supreme Court of Wisconsin held, on December 14, 2010 that a prison guard’s involvement in the investigation in an incident is not “substantial involvement” that violates the due process right to an impartial decision maker in …
Article • March 15, 2013
U.S. Liable Under FTCA for Trauma of Home Raid Resulting from Postal Service Employee's Misinforming Law Enforcement by Michael Brodheim by Mike Brodheim A federal district judge in New York has held that the United States is liable under the Federal Tort Claims Act (FTCA) for the emotional distress caused …
Article • March 15, 2013
Gang Colors Restriction Held Unconstitutional by Brandon Sample The U.S. Court of Appeals for the Second Circuit has vacated a special condition of supervised release barring the "wearing of colors, insignia, or obtaining tattoos or burn marks (including branding and scars) relative to" criminal street gangs. The court held that …
Article • March 15, 2013
Tenth Circuit: No Clearly-Established Right to Oklahoma Trust Fund Money by Matthew Clarke by Matt Clarke On November 22, 2010, the Tenth Circuit Court of Appeals held that Oklahoma state prisoners had no clearly-established right to the funds in their trust fund accounts in 2007. Herman T. Clark, an Oklahoma …
Article • March 15, 2013
Martin Luther King: Letter from the Birmingham Jail 1963 by April 16, 1963 MY DEAR FELLOW CLERGYMEN: While confined here in the Birmingham City Jail, I came across your recent statement calling my present activities "unwise and untimely." Seldom do I pause to answer criticism of my work and ideas. …
Article • March 15, 2013
Texas Parolee Dies Under Mysterious Circumstances After Arrest by Charles Albert Cathey III, 42, had been out of prison for almost a month and was living at the Last Chance Recovery Center for recovering substance abusers when he called the manager to tell him he would be about a half-hour …
Article • March 15, 2013
Fifth Circuit Upholds Blanket Strip Search Prohibition in Texas Jails by On September 22, 2010, the Fifth Circuit Court of Appeals held that employees of the Wood County, Texas sheriff’s department had violated Chandra Rae Jimenez’s Fourth Amendment rights when they strip searched her at the county jail in 2005 …
Article • March 15, 2013
BOP Dentist Convicted, Sentenced in Sex Assault Case by Brandon Sample A federal judge has sentenced a former federal Bureau of Prisons (BOP) dentist to five months imprisonment, five months home confinement and a $3,000 fine for having sex with a female prisoner at the Federal Correctional Institution in Tallahassee, …
Article • March 15, 2013
Filed under: Medical, HIV/AIDS, Hepatitis, Tattoos
Report Lauds Canada's Prison Tattoo Program, but Government Won't Bring it Back by Joe Watson Like the faint and ghostly outline of a panther’s claw inked upon an old man’s bicep decades ago, Canada’s prison-sanctioned tattoo parlor experiment has faded away. In spite of a glowing evaluation of the Safer …
Article • March 15, 2013
Amid Improvements, Maricopa County Jail Medical Services Still Deficient by Matthew Clarke by Matt Clarke Recent reports filed in a long-standing federal lawsuit against Sheriff Joe Arpaio over deficiencies in the medical and mental health care of prisoners in the Maricopa County jail system have cited both improvements and persistent …
EEOC finds BOP Workplace Retaliation Widespread by Derek Gilna A U.S. Equal Employment Opportunity Commission's (EEOC) Office of Federal Operations (OFO) has issued a report that finds that a culture of "widespread retaliation" exists against employees who file EEOC complaints. The November 2010 report, which was compiled over a three-year …
Aramark Food Contract with Kentucky under Scrutiny by David Reutter by David M. Reutter An October 2010 report issued by Kentucky’s Auditor of Public Accounts concerning the $12 million food service contract between Aramark Correctional Services (Aramark) and the Kentucky Department of Corrections (KDOC) found a lack of oversight, overpayments …
Article • March 15, 2013
New York: Indigent Defendants' Suit Over Non-representation Ruled Justiciable by Michael Rigby by Mike Rigby On May 6, 2010, the New York Court of Appeals, the state’s highest court, held that indigent defendants in five New York counties who alleged they were effectively provided no representation at their arraignment and …
Article • March 15, 2013
Trial and Conviction in Washington Jailhouse Courtroom Overturned by Michael Rigby by Mike Rigby On May 27, 2010, the Washington State Supreme Court, sitting en banc, held that a trial and subsequent conviction that took place in a jailhouse courtroom violated the defendant's right to due process by eroding the …
Article • March 15, 2013
Third Circuit: Non-Sex-Offender Prisoners Entitled to Due Process Before Prison Requires Sex Offender Treatment by Matthew Clarke by Matt Clarke On October 4, 2010, the Third Circuit held that a prisoner who has not been charged with or convicted of a sex offense may not be compelled to participate in …
Article • March 15, 2013
Filed under: Organizing, Voting
Restoration of Voting Rights a Mixed Bag by David Reutter by David M. Reutter Disenfranchisement of ex-felons has always been a huge issue for civil rights activists. Lately, a few victories have been obtained in the area. The question is, however, how effective have the gains been in empowering ex-felons …
Article • March 15, 2013
Filed under: Telephones, Telephone Rates
Deregulation of Telephone Rates in Florida Eliminates Caps on Prisoner Rates by To comply with Florida law, the state’s Public Service Commission (PSC) amended its rules to remove its jurisdiction in rates of telephone services. For prisoners and their loved ones, that removes what little oversight existed on the rates …
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