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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 …
Article • November 13, 2015
Filed under: Overdetention, Immigration
Oregon Immigration Court Second Slowest in Nation; 80 Percent Slower Than 2008 by Mark Wilson Oregon Immigration Court Second Slowest in Nation; 80 Percent Slower Than 2008 by Mark Wilson The national average to resolve an immigration case is 898 days, according to a Syracuse University statistical research group. Oregon’s …
Article • November 13, 2015
Denial to Oregon’s Alternative to Incarceration Program No Longer Requires “Substantial and Compelling Reasons” by Denial to Oregon’s Alternative to Incarceration Program No Longer Requires “Substantial and Compelling Reasons” On July 9, 2014, the Oregon Court of Appeals held that sentencing courts are no longer required to find “substantial and …
Article • November 13, 2015
U.S. Court of Appeals Reverses Prisoner’s Parole Board Suit by U.S. Court of Appeals Reverses Prisoner’s Parole Board Suit In a March 14, 2014 order, the United States Court of Appeals for the Eleventh Circuit affirmed in part, reversed in part, and remanded Veronza L. Bowers case to the district …
Brief • November 12, 2015
Filed under: Wrongful Imprisonment
Acosta v. City of New York, Motion to Compel Discovery (2015) Rankin & Taylor Attorneys at Law ___________________________________________________________________________ 11 Park Place, Suite 914 David@DRMTLaw.com New York, NY 10007 Phone: 212-226-4507 Fax: 212-658-9480 VIA ECF ONLY November 12, 2015 The Honorable Roanne L. Mann United States Magistrate Judge United States District …
Brief • November 12, 2015
Thompson v. Moss Point, MS, Settlement, Class Action, Secured Bail Schedule, 2015 Case 1:15-cv-00182-LG-RHW Document 19-1 Filed 11/12/15 Page 1 of 5 Case 1:15-cv-00182-LG-RHW Document 19-1 Filed 11/12/15 Page 2 of 5 Case 1:15-cv-00182-LG-RHW Document 19-1 Filed 11/12/15 Page 3 of 5 Case 1:15-cv-00182-LG-RHW Document 19-1 Filed 11/12/15 Page 4 …
Brief • November 12, 2015
Thompson v. Moss Point, MS, Final Judgment, Class Action, Secured Bail Schedule, 2015 Case 1:15-cv-00182-LG-RHW Document 19 Filed 11/12/15 Page 1 of 2 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI SOUTHERN DIVISION SOUTHERN DISTRICT OF MISSJSSIPPI ~J.. EO ~-~ 2015] ) ARTHUR JOHNSTON CHEVON ELIZABETH …
Article • November 10, 2015
Los Angeles County Jail Home Detention Program a Failure by Christopher Zoukis Los Angeles County Jail Home Detention Program a Failure by Christopher Zoukis The Los Angeles County Jail's early release program began in the late 1980s as a result of an adverse finding by a federal judge that the …
Article • November 10, 2015
No Resources for Programs to Help Prisoners Make Parole in West Virginia by Christopher Zoukis No Resources for Programs to Help Prisoners Make Parole in West Virginia by Christopher Zoukis West Virginia's prison and jail population has continued to grow despite the passage of a sweeping prison reform bill, so …
Article • November 10, 2015
Filed under: Detainers, Immigration
Third Circuit Decision an “Enormous” Victory for the Wrongfully-Detained Undocumented by Derek Gilna Third Circuit Decision an “Enormous” Victory for the Wrongfully-Detained Undocumented by Derek Gilna The Third Circuit Court of Appeals decision in the case of Galarza v. Lehigh County, Pennsylvania, which ruled that local jails need only treat …
Article • November 6, 2015
Parole Reinstated After Improperly Rescinded by Parole Reinstated After Improperly Rescinded On June 26, 2014, the New York Superior Court issued a one-page decision reinstating the parole and release of Pablo Costello, ruling that the New York State Board of Parole ("Board") had improperly rescinded it. Prisoner Pablo Costello's first …
Wyoming Lifers Required to Maintain Savings Account by Wyoming Lifers Required to Maintain Savings Account The Wyoming Supreme Court has held that prisoners serving life sentences must still maintain mandatory savings accounts even though they have "little hope of ever leaving the prison system." In 1992, Kenneth Dale Nicodemus pled …
Article • November 6, 2015
Ohio Court Denies Habeas Challenge to Jail-Time Calculation and Double Jeopardy by Derek Gilna Ohio Court Denies Habeas Challenge to Jail-Time Calculation and Double Jeopardy by Derek Gilna The Supreme Court of Ohio, in the case of Johnson v. Crutchfield, rejected an Ohio prisoner’s challenge to the calculation of his …
Brief • November 6, 2015
Thompson v. Moss Point, MS, Declaratory Judgment, Class Action, Secured Bail Schedule, 2015 Case 1:15-cv-00182-LG-RHW Document 18 Filed 11/06/15 Page 1 of 2 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI SOUTHERN DIVISION ) CHEVON ELIZABETH THOMPSON et a!.) ) Plaintiffs, ) ) ) ) v. …
Article • November 3, 2015
One Extra Day in Prison Not Cognizable in Suit by One Extra Day in Prison Not Cognizable in Suit The U.S. District Court for the Eighth Circuit upheld a decision of a Missouri federal district court, affirming summary judgment against a former prisoner who had alleged he was improperly incarcerated …
Article • November 3, 2015
Seventh Circuit Upholds False Imprisonment and Deliberate Indifference Dismissal by Seventh Circuit Upholds False Imprisonment and Deliberate Indifference Dismissal On September 4, 2014, the Seventh Circuit Court of Appeals upheld the dismissal of an Illinois prisoner’s false imprisonment suit, because he was not unlawfully detained. Sex offender David Armato was …
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