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Article • August 28, 2015 • from PLN September, 2015
Filed under: Informants, Habeas Corpus
Michigan: Perjured Testimony at Trial Results in Habeas Relief, but Reversed on Appeal by David Reutter Michigan: Perjured Testimony at Trial Results in Habeas Relief, but Reversed on Appeal by David M. Reutter A Michigan federal district court ordered the immediate release of a man convicted in a “sham” trial …
Article • August 7, 2015
This Man Sat in Jail for 110 Days—After He Already Did His Time by Marc Bookman This Man Sat in Jail for 110 Days—After He Already Did His Time The case of Eric Wyatt, Georgia's Cordele circuit, and why America's public defense system is disintegrating. By Marc Bookman Eric Wyatt …
Sanders v. NMCD, NM, Complaint, Wrongful Death, 2015 FILED IN MY OFFICE DISTRICT COURT CLERK 8/3/2015 9:25: 14 AM James A. Noel Dora Bozovic STATE OF NEW :MEXICO COUNTY OF BERNALILLO SECOND JUDICIAL DISTRICT J\rIAUREEN A. SANDERS, as personal representative of the Estate of KATHERINE PAQUIN, and CHERI RODRIGUEZ, Plaintiffs …
Abu-Jamal v. Kerestes, PA, Amended Complaint, Black Panther death row wrongful imprisonment 1st Am medical neglect, 2015 Case 3:15-cv-00967-RDM-KM Document 21-1 Filed 08/03/15 Page 1 of 22 Exhibit A – Plaintiff’s First Amended and Supplemental Complaint 1 Case 3:15-cv-00967-RDM-KM Document 21-1 Filed 08/03/15 Page 2 of 22 IN THE UNITED …
Article • August 1, 2015 • from PLN August, 2015
Filed under: Parole, Parole Conditions
CA: Persons on Community Supervision Eligible to Seek Transfer to Another State by Lonnie Burton CA: Persons on Community Supervision Eligible to Seek Transfer to Another State by Lonnie Burton Reversing a lower court’s ruling to the contrary, the Court of Appeal for the Fourth District of California held on …
Article • August 1, 2015 • from PLN August, 2015
Final Class-Action Settlement Pending in “Kids for Cash” Scandal by Final Class-Action Settlement Pending in “Kids for Cash” Scandal A class-action suit is on the verge of being settled by the co-owner of two for-profit juvenile detention facilities in Pennsylvania, who was sued after a pair of state court judges …
Article • August 1, 2015 • from PLN August, 2015
Investigation Forces Arizona Clemency Board Chairman to Resign by Joe Watson Investigation Forces Arizona Clemency Board Chairman to Resign by Joe Watson A Republican political consultant who was appointed by Governor Jan Brewer to head Arizona’s Board of Executive Clemency (Board) said he was “forced out” of the position after …
Article • August 1, 2015 • from PLN August, 2015
Filed under: Sentencing, Parole, Juveniles
Ninth Circuit Finds Graham v. Florida Retroactive; 254-Year Sentence Unconstitutional by Mark Wilson Ninth Circuit Finds Graham v. Florida Retroactive; 254-Year Sentence Unconstitutional by Mark Wilson On August 7, 2013, the Ninth Circuit Court of Appeals held the Supreme Court’s categorical ban on life without parole (LWOP) sentences for non-homicide …
Article • August 1, 2015 • from PLN August, 2015
Nebraska Law Unconstitutionally Forfeits Good Time for Refusal to Submit DNA Sample by David Reutter Nebraska Law Unconstitutionally Forfeits Good Time for Refusal to Submit DNA Sample by David M. Reutter The Nebraska Supreme Court has held that a retroactive state law which requires prisoners to submit DNA samples violates …
Article • August 1, 2015 • from PLN August, 2015
Vermont: Retaliatory Furlough Denial Reviewable on Rule 75 Motion by Mark Wilson Vermont: Retaliatory Furlough Denial Reviewable on Rule 75 Motion by Mark Wilson The Vermont Supreme Court has reversed a lower court’s denial of a prisoner’s motion to reopen his post-conviction relief case alleging the retaliatory denial of a …
Article • August 1, 2015 • from PLN August, 2015
Filed under: Sentencing, Immigration
Ninth Circuit Finds that ICE Detention After Indictment Counts Against Sentence by Derek Gilna Ninth Circuit Finds that ICE Detention After Indictment Counts Against Sentence by Derek Gilna Petitions under 28 U.S.C. § 2241 are used to challenge federal sentencing calculations, and Daniel Alejandro Zavala did just that, arguing that …
Article • August 1, 2015 • from PLN August, 2015
Supreme Court Voids ACCA’s Residual Clause in Landmark Decision by Derek Gilna Supreme Court Voids ACCA’s Residual Clause in Landmark Decision by Derek Gilna In a landmark decision authored by Justice Antonin Scalia, on June 26, 2015 the U.S. Supreme Court struck down the residual clause of the Armed Career …
Article • August 1, 2015 • from PLN August, 2015
Nebraska Returns Ex-Offenders to Prison after Sentence Miscalculation Scandal by Matthew Clarke Nebraska Returns Ex-Offenders to Prison after Sentence Miscalculation Scandal by Matt Clarke Nebraska authorities have re-incarcerated nearly two dozen state prisoners who were released early because officials miscalculated their release dates. The state decided not to pursue hundreds …
Publication • July 30, 2015
Joint letter re TN Taskforce on Sentencing and Recidivism July 2015 July 30, 2015 Governor Bill Haslam 1st Floor, State Capitol Nashville, TN 37243 Derrick Schofield, Commissioner Tenn. Dept. of Correction 320 6th Avenue North Rachel Jackson Building Nashville, TN 37243-0465 Bill Gibbons, Commissioner Tenn. Dept. of Safety & Homeland …
Stiavetti et al v. Ahlin et al, CA, Complaint, jail overdetention of detainees incompetent to stand trial, 2015
Article • July 7, 2015 • from PLN July, 2015
Georgia’s Privatized Probation Statute Facially Constitutional, but Problems with Administration by David Reutter Georgia’s Privatized Probation Statute Facially Constitutional, but Problems with Administration by David M. Reutter While declining to rule on the constitutionality of a state law authorizing privatized probation services, on November 24, 2014 the Georgia Supreme Court …
Temple v. State, Ex Parte granting new trial, TX, appeal wrongful conviction, 2015 No. 1008763-A IN THE 178TH DISTRICT COURT OF HARRIS COUNTY, TEXAS EX PARTE DAVID MARK TEMPLE FINDINGS OF FACT AND COUCLUSIONS OF LAW INTRODUCTION; The defendant was convicted by a jury of the murder of his wife, …
Article • July 3, 2015
Tenth Circuit: Heck Not Applicable To Diversions; Notice Required Before Statute Of Limitations Dismissal by Bob Williams Tenth Circuit: Heck Not Applicable To Diversions; Notice Required Before Statute Of Limitations Dismissal by Bob Williams In December 2009, the Tenth Circuit held that Heck v. Humphrey, 512 U.S. 477 (1994) did …
Colorado Parolees' Violent Crimes Attributed to DOC Ineptitude by Joe Watson Colorado Parolees' Violent Crimes Attributed to DOC Ineptitude By Joe Watson It took the March 2013 murder of Tom Clements, then director of the Colorado Department of Corrections (CDOC), to bring to light the ineptitude of the state's prisons …
Article • July 1, 2015
Filed under: Probation
Single Oregon Probation Violation Requires Concurrent Sanctions by Mark Wilson Single Oregon Probation Violation Requires Concurrent Sanctions by Mark Wilson The Oregon Court of Appeals held that multiple sanctions for a single probation violation must be concurrent. “If more than one term of probationary supervision is revoked for a single …
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