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Article • July 15, 2008
Ohio DNA Testing Provisions Allow Relevancy Determination Prior To Requiring Mitigative Submission by The Ohio State Court of Appeals reversed the denial of DNA testing requests by prisoner Paul Buehler concerning his 1985 murder conviction but certified a conflict of statutory authority to the Supreme Court. The denial was reinstated …
Article • June 15, 2008 • from PLN June, 2008
Innocent California Prisoner Freed After Nine Years; Paid $1 Million by An innocent man sentenced in 1995 to 27 years for raping and kidnapping a 13-year-old girl was freed by the California Innocence Project after serving 3,280 days in prison. In his subsequent suit for wrongful incarceration, he received $1 …
Article • May 15, 2008
Taking DNA Samples from CT Sex Offenders Upheld by Plaintiffs challenged a Connecticut statute that required all convicted sex offenders incarcerated on its effective date to submit blood samples for analysis and inclusion in a DNA bank. Taking a blood sample is a search under the Fourth Amendment. However, in …
Alabama Judge Resigns Amid Prisoner Spanking Allegations and Judicial Improprieties by In the face of a looming ethics trial and allegations that he spanked male prisoners, Alabama's Mobile County Circuit Judge Herman Thomas has resigned. Thomas had been on paid suspension since March 2007 while he awaited an October 29 …
Article • January 15, 2008
Federal Statute Requiring Supervised Releasee to Submit DNA Sample Unconstitutional by A Massachusetts federal district court has entered a preliminary injunction barring the federal probation office from requiring a person on supervised release to submit a DNA sample. The Court's order comes after it found that Leo Weikert, Jr., who …
Article • December 15, 2007
Michigan: $3.3 Million Settlement for 9 Years Wrongful Imprisonment by On September 5, 2005, a man who spent nine years in prison for a rape he didn?t commit settled with the Township of Clinton, Michigan, for an approximate total of $3,338,160. Kenneth Wyniemko was convicted in 1994 of raping and …
Article • December 15, 2007
8th Circuit Upholds Federal DNA Collection Statute by Ray Kraklio, a federal parolee, was directed to provide a blood sample for DNA testing. He refused, and his parole officer moved the federal district court to amend his conditions of release to require him to provide the blood sample. Over Karklio's …
Article • December 15, 2007
Seeking Evidence for DNA Testing Allowed Under § 1983 by The plaintiff's § 1983 suit seeking access to the biological evidence against him for purposes of challenging his criminal conviction was not in the nature of habeas corpus and did not require exhaustion of state judicial remedies. The plaintiff sought …
Article • December 15, 2007
Federal Law Requiring Felons Submit DNA Sample Constitutional by The Sixth Circuit Court of Appeals has held that a federal statute, 42 U.S.C. § 14135a, that requires persons convicted of federal felonies to submit a DNA sample is constitutional. That ruling comes in the appeal of Bobbie J. Conley, who …
Innocent Indiana Man Awarded $9 Million for 20 Years Imprisonment by An Indiana federal jury awarded Larry Mayes $9 million for actions taken by police officers of Indiana's City of Hammond, which resulted in Mayes being convicted of a rape he did not commit. As a result of those actions, …
Article • September 15, 2007 • from PLN September, 2007
Pennsylvania DNA Act Not Ex Post Facto by The Pennsylvania Supreme Court held that the state?s mandatory DNA collection law does not violate state or federal ex post facto prohibitions. The court upheld application of the law to one defendant, finding that she was convicted of a predicate offense. It …
Article • August 15, 2007 • from PLN August, 2007
$1.2 Million Compensation Package Approved For Wrongfully Convicted Georgia Man by Who can put a price on wrongful imprisonment? The Georgia legislature can. On March 19, 2007, the Georgia House of Representatives approved a $1.2 million compensation package for a man who spent 23 years in prison for a rape …
Article • July 15, 2007 • from PLN July, 2007
$13,655,940 Award For False Massachusetts Rape Conviction by Matthew Clarke by Matthew T. Clarke On October 4, 2006, a federal court in Massachusetts awarded $13,655,940 to a man falsely convicted of rape. Eric Sarsfield was living in Marlborough, Massachusetts in July 1987 when Ms. Toni Gustus was raped in the …
Article • July 15, 2007 • from PLN July, 2007
Louisville, Kentucky, Settles with Wrongly Imprisoned Man for $3.9 Million by A man who spent seven years in prison for a rape he didn?t commit will receive $3.9 million from the city of Louisville, Kentucky, according to a February 12, 2007 settlement agreement. William Gregory, now 59, was convicted in …
$9,063,000 Jury Award For Illinois False Rape Conviction by Matthew Clarke by Matthew T. Clarke On October 23, 2006, a federal jury in Illinois awarded a man who had been falsely convicted of rape $9,063,000. On September 19, 1989, Alejandro Dominguez was a 16-year old living in an apartment complex …
Article • July 15, 2007 • from PLN July, 2007
Florida Eliminates DNA Testing Deadline by During its 2006 Legislative session, the Florida Legislature enacted a law that eliminates deadlines for when prisoners can request DNA testing. That law comes on the heels of numerous prisoners being released from death row and imprisonment on lesser sentences for crimes they did …
$2.25 Million Award for Virginia Man Falsely Sent to Death Row by A federal jury awarded a Virginia man $2.25 million for being falsely convicted of a rape/murder based on evidence fabricated by a cop and spending ten years on death row. Earl Washington, then 23, was convicted of a …
Article • June 15, 2007 • from PLN June, 2007
City of Detroit Must Record Suspect Confessions; $4 Million Wrongful Incarceration Award by A Michigan federal district court has approved a settlement that requires the City of Detroit to record all interrogations of criminal suspects and awards the estate of a wrongfully convicted man $4,075,000. The complaint in this action …
Article • June 15, 2007 • from PLN June, 2007
Missouri Legislature Allows Wrongfully Convicted to Receive Compensation by The Missouri Legislature has enacted legislation to compensate all persons declared "actually innocent" after DNA testing. In the last 15 years, five such prisoners in Missouri were released after being exonerated by DNA testing. The latest action by that legislature sought …
Article • June 15, 2007 • from PLN June, 2007
Colorado Successfully Pressures FBI To Release DNA Info; Racial Bias Infects DNA Databases by Gary Hunter State law enforcement agencies have struck a tentative deal with FBI officials that allows agencies to share previously privileged information. The deal resulted from the brutal rape and beating of a Colorado woman who …
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