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Article • August 15, 2012 • from PLN August, 2012
Kentucky Supreme Court Adopts Mailbox Rule Retrospectively by The Supreme Court of Kentucky, in a modified ruling, adopted the “mailbox rule,” allowing notices of appeal in criminal cases to be considered filed when they are placed in the prison’s internal mail system. Joe B. Jones and Michael Allen Hallum, Kentucky …
Article • July 15, 2012
Oregon Supreme Court Overturns Ban on Harsher Sentences after Successful Appeals by The en banc Oregon Supreme Court has overturned its 43-year-old prohibition on increased punishment in criminal cases when a defendant is successful on appeal and is resentenced. Oregon law now adheres to U.S. Supreme Court precedent. In 1967 …
Article • June 15, 2012 • from PLN June, 2012
Oregon Increases Sex Offender Registration Requirements by The State of Oregon posts online, in a publicly-accessible registry, information related to around 700 “predatory” or sexually violent sex offenders. A bill introduced in the state legislature in 2011 would have increased the number of sex offenders listed online to more than …
Article • June 15, 2012 • from PLN June, 2012
Washington Prison Video Surveillance Recordings Exempt from Disclosure Under Public Records Act by Michael Brodheim by Mike Brodheim In an unpublished opinion, the Court of Appeals of the State of Washington affirmed a trial court’s order dismissing an action filed by a state prisoner who alleged that the Department of …
Article • June 15, 2012 • from PLN June, 2012
Washington Prisoners Have No Right to Inspect Records Under Public Records Act by Brandon Sample Prisoners who request records from the Washington Department of Corrections (DOC) under the Public Records Act (PRA) do not have a right to inspect records without cost, the Court of Appeals, Division II held in …
Article • May 15, 2012 • from PLN May, 2012
New Washington State Law Eliminates Tolling of Community Custody upon Violation by The Washington State Court of Appeals, Division Three, has ruled that a 2011 state law “eliminates tolling of the term of community custody while the offender is serving a sanction for violation of the conditions of that community …
Florida Lawmakers Disband Correctional Medical Authority by The Florida legislature did an end-run around a veto by the Governor by eliminating funding for the state’s prison medical oversight agency, thereby causing it to disband. With Florida turning to private companies to provide prisoner healthcare services, there is concern that medical …
Florida Citizen Fights CCA over Public Records Request by Prison officials tend to frown on public records requests. In fact, employees at a Florida facility operated by Corrections Corporation of America (CCA) were so ruffled by a citizen’s request for records that they called the cops. Joel Chandler, 47, has …
Article • May 15, 2012 • from PLN May, 2012
Arizona Privatizes Health Care in State Prison System by On April 27, 2011, Arizona Governor Jan Brewer signed into law House Bill 2154, which resulted in the privatization of medical care for prisoners in the Arizona Department of Corrections (ADC). The move comes three years after ADC’s food services were …
$1,000 for Ohio Public Record Destruction; Party Must Intend to Obtain Record to Collect by The Ohio Supreme Court held that a party may not prevail on a suit for destruction of public records unless they actually intend to obtain the records in question. In July, 2007, Timothy Rhodes made …
Fourth Circuit Reverses Injunction Relating to Publication of Social Security Number on Virginia Land-Transfer Records by Derek Gilna By Derek Gilna The appeal arose from a First Amendment challenge to Virginia's Personal Information Privacy Act, Va. Code Sec. 59.1-442 to 444, part of which prohibits “[i]ntentionally communicat[ing] another individual's social …
Denial of Attorney’s Fees and Costs Reversed in New Hampshire Public Records Suit by The New Hampshire Supreme Court vacated a trial court's denial of costs under the State's "Right-to-Know Law," RSA chapters 91A and 215.A (2001 & Supp 2006). ATV Watch (ATV), a non-profit organization, monitors the use and …
Article • May 15, 2012
Virginia FOIA Inapplicable to State Corporation Commission by The Virginia Supreme Court held that the Virginia Freedom of Information Act (VFOIA) does not apply to the State Corporation Commission (SCC). On May 13, 2009, George H. Christian requested that the SCC produce documents pursuant to the VFOIA. On May 22, …
Article • May 15, 2012
Filed under: News, State Legislation
Washington Impound Law Does Not Bar Conversion Action by The En Banc Washington State Supreme Court held that the statutory process for redeeming impounded vehicles is not an exclusive remedy. As such, the court held that a person whose vehicle is unlawfully impounded may bring a conversion action against the …
Article • April 15, 2012 • from PLN April, 2012
Illinois Governor Signs Bill Banning Death Penalty, Commutes All Death Sentences by Matthew Clarke by Matt Clarke On March 9, 2011, Illinois Governor Pat Quinn signed legislation banning the death penalty for state crimes in Illinois. He also commuted the sentences of the state’s 15 death row prisoners to life …
Thousands Referred but Very Few Qualify for Commitment as Sexually Violent Predators in California by Responding to a legislative request, California’s Bureau of State Audits reviewed the process used by the California Department of Corrections and Rehabilitation (CDCR) to refer sex offenders to the Department of Mental Health (DMH) and, …
Article • April 15, 2012 • from PLN April, 2012
Ninth Circuit Holds Prisoners May be Compelled to Provide Blood Samples Under California DNA Act by The Ninth Circuit has held that prison officials may forcibly extract a blood sample from a California prisoner for purposes of compliance with California’s DNA and Forensic Identification and Data Bank Act of 1998 …
Article • March 15, 2012 • from PLN March, 2012
How Victim Rights Shaped Spending, Laws and the Future of Punishment in Colorado by Alan Prendergast Newly elected as a Colorado state representative, Pete Lee hit the Capitol in January 2011 fired up with big ideas. The biggest of them all was the restorative justice bill he introduced shortly after …
Article • March 15, 2012 • from PLN March, 2012
Medical Parole Law Costs California Taxpayers Millions of Dollars by Responding to concerns that prisoners who are granted compassionate release due to terminal medical conditions may “cheat” the system by outliving a doctor’s prognosis, the California legislature enacted a medical parole law in 2010 that allows prisoners to be re-incarcerated …
California Syndicalism Statute Not an Act of Congress; Appeals Court Injunction Reversed by The U.S. Supreme Court determined that California Criminal Syndicalism statute stands short of an Act of Congress. John Harris was indicted in a California state court of violating California’s Criminal Syndicalism statute (see Cal. Penal code § …
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