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Federal Death Penalty Case in Georgia Unravels, Triggering Investigation of Prosecutors by Derek Gilna A rare federal death penalty case in Georgia failed, costing taxpayers hundreds of thousands of dollars, and derailed the careers of two federal prosecutors, both of whom are no longer employed by the U.S. Attorney's Office …
Justice Department Impedes Release of "Legally Innocent" Prisoners by Derek Gilna Despite several recent high-profile cases where the U.S. Justice Department has urged the release of prisoners who all parties agreed were "legally innocent, dozens more remain behind bars.in North Carolina. The cases arise in instances where men were imprisoned …
Article • September 9, 2016
4th Circuit Overturns Dismissal of Adam Walsh Civil Commitment Case by Derek Gilna The 4th Circuit Court of Appeals has reversed the dismissal of the Adam Walsh case against Walter Wooden, finding that the application of that Act to the defendant did not violate the Due Process and Equal Protection …
Article • September 9, 2016
BOP Grievance System Can Foster "Compliance or Defiance" by Derek Gilna The Federal Bureau of Prisons (BOP) first instituted the prisoner grievance system (IR) in 1974, and since that time it appears to have become an important tool to defuse prisoner complaints about the BOP and its procedures. A new …
Article • September 9, 2016
Filed under: Mail, Internet
Minnesota State Prisoners Gain Access to Email by Derek Gilna A modified email system has been established by Minnesota prison system to allow state prisoners to receive, but not send emails to approve outside parties. This week the state began allowing all in state prisons to receive printed emails sent …
9th Circuit: "Adam Walsh" Detention Doesn't toll Supervised Release Term by Derek Gilna The 9th Circuit has ruled that the period of time spent in civil confinement under the Adam Walsh Act did not constitute "imprisonment" and that a defendant's period of supervised release continues to run during that time. …
Article • September 9, 2016
Citizen's Wrongful Detention suit against ICE 'reinstated by Second Circuit by Derek Gilna Viterbo Liranzo was a U.S. citizen through section 321 of the Immigration and Naturalization Act (INA), which conferred derivative citizenship on children of U.S. citizens, even though neither parent nor the child requested it. Liranzo was unaware …
Rudd v. City of Jonesboro, AR, Opinion and Order, Suicide in Police Car, 2016
Brief • September 9, 2016
Saylor v. Regal Cinemas, MD, Order Partial MSJ - Forceful Removal of Customer by Deputies Leads to Death, 2016 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND THE ESTATE OF ROBERT ETHAN SAYLOR et al. * * * * * * * v. REGAL CINEMAS, INC. et …
Publication • September 9, 2016
Old Behind Bars Report on Elderly in Prison, Human Rights Watch, 2012 H U M A N R I G H T S W A T C H OLD BEHIND BARS The Aging Prison Population in the United States Old Behind Bars The Aging Prison Population in the United States …
Publication • September 9, 2016
So Long as They Die – Lethal Injections in the United States, HRW, 2006 April 2006 Volume 18, No. 1(G) So Long as They Die Lethal Injections in the United States Summary......................................................................................................................................... 1 Recommendations......................................................................................................................... 7 To State and Federal Corrections Agencies.......................................................................... 7 To State Legislators and the U.S. Congress .......................................................................... …
U.S. v. Brown, IL, Exhibits to Motions, Racially Selective Law Enforcement, 2016 WARNING: AT LEAST ONE DOCUMENT COULD NOT BE INCLUDED! You were not billed for these documents. Please see below. Document Number Document Description Pages Document Error Document Main document 69 DOCUMENT COULD NOT BE RETRIEVED! However, it may …
Dunn v. Dunn, AL, Consent Decree, ADA Compliance, 2016 Case 2:14-cv-00601-MHT-TFM Document 728 Filed 09/09/16 Page 1 of 78 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA JOSHUA DUNN, ET AL., Plaintiffs, v. JEFFERSON DUNN, ET AL., Defendants. ) ) ) ) ) ) ) ) …
Dunn v. Dunn, AL, Final Settlement Approval, ADA Compliance, 2016 Case 2:14-cv-00601-MHT-TFM Document 727 Filed 09/09/16 Page 1 of 116 IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION JOSHUA DUNN, et al., Plaintiffs, v. JEFFERSON S. DUNN, in his official capacity as …
Publication • September 9, 2016
Filed under: Juveniles
Common Ground – Lessons Learned from Five States that Reduced Juvenile Confinement by More Than Half, JPI, 2013 JUSTICE P.LICY COMMON GROUND: LESSONS LEARNED FROM FIVE STATES THAT REDUCED JUVENILE CONFINEMENT BY MORE THAN HALF JUSTICE POLICY INSTITUTE | FEBRUARY 2013 INTRODUCTION ............................................................................................ 2 MEASURING REFORM: FOCUS ON JUVENILE CONFINEMENT …
Publication • September 9, 2016
Broken Justice: The Death Penalty in Alabama, ACLU, 2005 A n A C LU R e p o r t Broken Justice: The Death Penalty in Alabama Published October 2005 THE AMERICAN CIVIL LIBERTIES UNION is the nation’s premier guardian of liberty, working daily in courts, legislatures and communities to …
Second Circuit Permits Office of Personnel Management to Assert FOIA Exemption 6 by Derek Gilna The Freedom of Information Act, 5 U.S.C. Section 552(b)(6), also known as "FOIA," was enacted "to promote honest and open government," Grand Cent. P'ship, Inc. v. Cuomo, 166 F.3d 473, 478 (2d Cir. 1999), and …
Article • September 8, 2016
Court Upholds Guilty Plea Although Defendant Wasn't Advised of "Adam-Walsh" Impact by Derek Gilna Mark Allen Youngs pleaded guilty to child pornography offenses, and as part of the sentencing process was advised by the district court his various rights under Rule 11, but did not advise him of possible ramifications …
Article • September 8, 2016
Filed under: Judiciary, Restitution
IFRP Restitution Issues May Not Be Delegated to BOP by Sentencing Judge by Derek Gilna The U.S. Court of Appeals for the 9th Circuit has ruled that "a sentencing court must review the issue of defendant restitution, not simply order "immediate" repayment and delegate the details of the actual payment …
Federal Tort Claims Action Dismissal Upheld for Failure to Timely File by Derek Gilna Maria Inamagua Merchan, an undocumented alien awaiting deportation in an Immigration and Customs Enforcement (ICE) detention facility, died while in custody, and her estate brought an action under the Federal Tort Claims Act (FTCA) against ICE …
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