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Article • June 9, 2017 • from PLN June, 2017
Filed under: Evidence, Videotaping
Kentucky: Disciplinary Proceeding Reversed for Failure to Review Video Footage by Lonnie Burton by Lonnie Burton On May 20, 2016, a Kentucky Court of Appeals, in a 2-1 decision, held that a prisoner has the right, upon request, to have video surveillance footage reviewed and considered by the hearing officer …
Brief • 2017
Filed under: Evidence
State of Vermont v. Larkin, VT, Opinion, Trial Court Exclusion of Evidence, 2017 NOTICE: This opinion is subject to motions for reargument under V.R.A.P. 40 as well as formal revision before publication in the Vermont Reports. Readers are requested to notify the Reporter of Decisions by email at: JUD.Reporter@vermont.gov or …
U.S. v. Black, KS, Order, Contraband Smuggling, 2017 Case 2:16-cr-20032-JAR Document 253 Filed 05/17/17 Page 1 of 48 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS UNITED STATES OF AMERICA, ) ) Plaintiff, ) ) vs. ) ) LORENZO BLACK, ) KARL CARTER, ) ANTHON AIONO, ) …
Article • May 5, 2017 • from PLN May, 2017
Filed under: Standard of Proof, Evidence
Kansas: Self-Defense Must be Disproved in Prison Disciplinary Proceeding by Lonnie Burton by Lonnie Burton The Kansas Supreme Court held on June 17, 2016 that prison authorities must disprove a claim of self-defense when a prisoner is charged with fighting and asserts he was merely defending himself. The ruling overturned …
Article • May 5, 2017 • from PLN May, 2017
Petition Challenging Disciplinary Hearing Not Mooted After Prison Rescinds Sanction by Lonnie Burton by Lonnie Burton On April 22, 2016, the Kansas Court of Appeals reversed a ruling by the Leavenworth County District Court dismissing a habeas petition filed by a prisoner challenging the findings and sanctions imposed at a …
Crockett v. The City of New York, NY, Order, False Arrest and Malicious Prosecution, 2017 INDEX NO. 161857/2013 RECEIVED NYSCEF: 04/27/2017 NYSCEF DOC. NO. 48 SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY MARGARET A. CHAN PRESENT: ~·::,,., .._ J.S.G. PART . ~) Justice Index Number: 161857/2013 …
Publication • April 10, 2017
Filed under: Notice of Rules
CDCR - Division 3 Rules and Regulations, 2008 Hay'-.-' B 1^* <5.y , ' State of California '•r — California Code of Regutations a Title 15, !-• V Crime Prevention and Corrections f ' W^w 'w»ftfc,.Kv S8^@y^>»<A !--v: ..-r* ; - • . • J'.'V /.'k y vL^mQBSH •>' m …
Article • April 1, 2017 • from PLN April, 2017
New York: Contraband Convictions Vacated After Guard Admits Planting Weapon by On January 17, 2017, Cayuga County Court Judge Mark H. Fandrich set aside the convictions of two New York state prisoners serving additional time on contraband charges. Naythen Aubain and Donnesia Brown had both been sentenced to two to …
Dilworth v. McMahon, NC, Settlement, Pretrial Solitary Confinement, 2017 SETTLEMENT AGREEMENT AND RELEASE KNOW ALL MEN BY THESE PRESENTS that I, the undersigned, MICHAEL DILWORTH (hereinafter referred to as "Releasor"), for and in consideration of the sum of THIRTY FIVE THOUSAND DOLLARS N0/100 DOLLARS ($35,000.00) in cash, which is paid …
Article • March 10, 2017 • from PLN March, 2017
New Jersey Appellate Court Modifies Use of Polygraphs for Paroled Sex Offenders by On January 21, 2016, a New Jersey appellate court upheld the State Parole Board&rsquo;s requirement that sex offenders take polygraph examinations but modified how the results could be used, prohibiting evidentiary use that could result in the …
$13 Million Ohio Wrongful Conviction Verdict Upheld by Sixth Circuit by On December 2, 2014, the Sixth Circuit U.S. Court of Appeals affirmed a district court jury verdict which awarded $13 million to a man who spent 12 years in prison for a murder conviction later overturned for malicious prosecution …
$7,500 Settlement in Pennsylvania Prisoner’s “Nuisance Suit” by In January 2016, Pennsylvania&rsquo;s Northumberland County agreed to pay $7,500 to settle a former prisoner&rsquo;s lawsuit alleging he was denied access to the courts, visitation, recreation and receipt of incoming publications. While at the Northumberland County Prison, Charles Picarella, Jr., who is …
Maine DA Sued for Malicious Prosecution by &ldquo;Absolute immunity&rdquo; typically allows prosecutors to escape liability in the event of malicious prosecutions. Even when prosecutorial misconduct is exposed, the punishment is usually far less severe than that experienced by the victim of the state&rsquo;s wrongdoing &ndash; such as spending many years …
Kentucky Prisoners Entitled to Review of Audio Recordings at Disciplinary Hearing by A Kentucky Court of Appeals held on February 26, 2016 that prisoners have a due process right to request the review of audio recordings at a prison disciplinary hearing. Proceeding pro se, Kentucky state prisoner Sammy F. Mobley, …
A Story of Racial Bias, the Absence of Mercy, and a Death in Prison by By&nbsp;Equal Justice Initiative Forty-five years after Phillip Chance traveled from his home in Detroit, Michigan to visit family in rural Choctaw, Alabama, he died in an Alabama prison. During that visit in 1971, 15-year-old Phillip …
Texas: “San Antonio Four” Exonerated after Two Decades by In 1997, Elizabeth Ramirez, Kristie Mayhugh, Cassandra Rivera and Anna Vasquez were convicted of sexually assaulting two young girls. The women came to be known as the &ldquo;San Antonio Four.&rdquo; With help from the Innocence Project of Texas, all four were …
Five Wrongfully Convicted North Carolina Men Receive Almost $8 Million by David Reutter Five former prisoners who were wrongfully convicted in a home invasion murder have received settlements and compensation totaling nearly $8 million following a botched investigation and misconduct by the sheriff&rsquo;s office in Buncombe County, North Carolina. Three …
Boozer v. Waltman, PA, Complaint, Wrongful Arrest, 2017 Filed and Attested by the Office of Judicial Records 16 JAN 2017 03:35 pm J. OSTROWSKI Case ID: 160900497 IN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY, PENNSYLVANIA KHANEFAH BOOZER 1322 McKinley Street Philadelphia, PA 19111 CIVIL ACTION Plaintiff v. RYAN …
Georgia’s Supreme Court Rules on Private Probation Services by The Georgia Supreme Court held on March 25, 2016 that common law allows for tolling of privately-supervised misdemeanor probation sentences, and that such common law was not abrogated when lawmakers passed the State-Wide Probation Act. The case was before the state …
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