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Article • December 3, 2015 • from PLN December, 2015
Texas Enacts Legislation to Reduce Wrongful Convictions by Matthew Clarke Texas Enacts Legislation to Reduce Wrongful Convictions by Matt Clarke Legal experts in Texas are trying to iron out a wrinkle they say is an unintended consequence arising from a new law governing discovery in criminal cases, but despite the …
Brief • December 3, 2015
Lopez-Valenzuela v. Arpaio, AZ, Order, No Bail for Undocumented Immigrants, 2015 Case: 11-16487, 12/03/2015, ID: 9778457, DktEntry: 124, Page 1 of 19 FILED UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT ANGEL LOPEZ-VALENZUELA; ISAAC CASTRO-ARMENTA, Plaintiffs - Appellants, DEC 03 2015 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS …
Article • December 2, 2015 • from PLN December, 2015
Massachusetts Supreme Court Rules Amended Sex Offender Registration Law Ex Post Facto by Gary Hunter Massachusetts Supreme Court Rules Amended Sex Offender Registration Law Ex Post Facto by Gary Hunter On July 12, 2013, Massachusetts Governor Deval Patrick signed into law a bill requiring the state’s Sex Offender Registry Board …
Statler v. Spokane County, WA, Complaint, Wrongful Conviction, 2015 Case 2:15-cv-00332-TOR Document 1-2 Filed 12/02/15 RECEIVED 2 DEC 08 2015 3 SPOKANe cou•~ ,,. 'T AoorroR 4 ~ p . . p 3:03 s 6 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WASHINGTON AT SPOKANE 7 8 9 PAUL E. …
Article • December 1, 2015 • from PLN December, 2015
California Legislation Permitting NVDP Incarceration Held Unconstitutional by Mark Wilson California Legislation Permitting NVDP Incarceration Held Unconstitutional by Mark Wilson The California Court of Appeal, Fourth District, held on January 20, 2015 that a section of California’s realignment legislation improperly amended Proposition 36, a voter initiative, in violation of the …
“No Hope for Me”: Women Stripped of Parental Rights after Minor Crimes by Sharona Coutts “No Hope for Me”: Women Stripped of Parental Rights after Minor Crimes by Sharona Coutts and Zoe Greenberg, RH Reality Check Five years ago, LaDonna Hopkins was caught stealing clothes from a store in Rock …
Article • December 1, 2015 • from PLN December, 2015
Sentencing Reform and Corrections Act Introduced with Broad Bipartisan Support by Derek Gilna Sentencing Reform and Corrections Act Introduced with Broad Bipartisan Support by Derek Gilna According to its bipartisan sponsors, the Sentencing Reform and Corrections Act (S. 2123), introduced in the U.S. Senate on October 1, 2015, will have …
Brief • November 30, 2015
Betances et al v. Fischer et al, 2nd Cir, Brief against Def Mot for Stay, post-release supervision, 2015 UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT PAUL BETANCES, et al., No. 15-2836 Plaintiffs-Appellees, -againstBRIAN FISCHER, et al., Defendants-Appellants. MEMORANDUM OF LAW IN OPPOSITION TO DEFENDANTS’ MOTION FOR A STAY …
Brief • November 30, 2015
Restivo v. Nassau County PD, NY, Order, Wrongful Conviction, 2015 Case 2:06-cv-06720-JS-SIL Document 284 Filed 11/30/15 Page 1 of 16 PageID #: 4625 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK ------------------------------------X JOHN RESTIVO and DENNIS HALSTEAD, ET AL., Plaintiffs, MEMORANDUM & ORDER 06-CV-6720(JS)(SIL) -againstNASSAU COUNTY, CAROLANN HESSEMAN, AS …
Brief • November 25, 2015
Watson v. City of New York, NY, Mtn Decision, false arrest malicious prosecution wrongful imprisonment, 2010 rtLCU l'IUV LI LV I ;J DI UI IJI. NBWLYffl'al"SUPREME COURT - COUNTY OF .HKUNX PART y'S-r'f' I Case Disposed Q ~I SUPREME COURT OF THE STATE OF NEW YORK I Settle Order COUNTY …
Article • November 18, 2015
Filed under: Sentencing
Missouri Supreme Court Affirms Denial of Prisoner’s Gain Time by Missouri Supreme Court Affirms Denial of Prisoner’s Gain Time The Supreme Court of Missouri affirmed, on December 24, 2013, the circuit court’s finding for the Missouri Department of Corrections’ (MDOC) motion for summary judgment denying appellant Andrew Farish’s action for …
Article • November 18, 2015
Appeals Court Reverses $14 Million Award for Wrongfully Convicted Prisoner by Appeals Court Reverses $14 Million Award for Wrongfully Convicted Prisoner On January 31, 2013, the United States Courts of Appeals for the First Circuit reversed and remanded for retrial a case that concluded with a $14,000,000 damages award for …
Article • November 18, 2015
Excessive Oregon “DUII-Conviction Fee” Vacated by Excessive Oregon “DUII-Conviction Fee” Vacated On July 23, 2014, the Oregon Court of Appeals held that a lower court imposed an excessive fee for driving under the influence of intoxicants (DUII). The Oregon sentencing courts were previously allowed to assess a “DUII-conviction fee” of …
Article • November 17, 2015
New York Man Wrongfully Convicted of Murder Permitted to Amend Federal Suit by New York Man Wrongfully Convicted of Murder Permitted to Amend Federal Suit The United States District Court for the Southern District of New York has allowed a man to amend his wrongfully convicted suit to include additional …
Article • November 17, 2015
Massachusetts Prisoner Denied Credit for Time Completed on Vacated Conviction by Massachusetts Prisoner Denied Credit for Time Completed on Vacated Conviction The Massachusetts Supreme Court has held that a prisoner serving time on an unrelated sentence was not entitled to credit for the completed prison sentence of a vacated conviction. …
Article • November 17, 2015
Filed under: Bail, Overdetention, Immigration
Immigrants Must Be Given Bail Hearing after Six Months by Immigrants Must Be Given Bail Hearing after Six Months The U.S. government's practice of indefinitely holding deportable immigrants in jail without giving them a chance to argue for release on bail was given the red light when a federal court …
Article • November 17, 2015
New York Man Previously Convicted as Sex Offender Subject to Amended Statute’s Stricter Requirements by New York Man Previously Convicted as Sex Offender Subject to Amended Statute’s Stricter Requirements The U.S. Court of Appeals for the Second Circuit has held that a state sex offender statute’s amendments applied to a …
Article • November 16, 2015
No Equitable Tolling for Foreign, Mentally Ill Prisoners by No Equitable Tolling for Foreign, Mentally Ill Prisoners The Ninth Circuit Court of Appeals recently ruled that a non-English speaking mentally ill prisoner, housed in segregation at the time his petition was due, was not entitled to equitable tolling and dismissed …
Article • November 16, 2015
Bizarre Ruling Deprives Arkansas Prisoner of Judicial Review of Disciplinary Action by Bizarre Ruling Deprives Arkansas Prisoner of Judicial Review of Disciplinary Action On May 15, 2014, the Arkansas Supreme Court denied a state prisoner the right to seek judicial review of a disciplinary action because he did not pay …
Article • November 16, 2015
No Abuse of Discretion in Denying Defendant’s Plea Withdrawal and Sentencing by No Abuse of Discretion in Denying Defendant’s Plea Withdrawal and Sentencing The United States Court of Appeals for the First Circuit has held that a lower court did not abuse its discretion in sentencing a prisoner based on …
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