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Article • November 15, 2011
New York Sex Offender Commitment Proceedings Permitted against Unlawfully Detained by New York’s highest court held that the legality of a prisoner’s custody is irrelevant in ascertaining whether he or she is a “detained sex offender” in considering involuntary commitment of a prisoner under Article 10 of the Mental Hygiene …
Article • November 15, 2011
Washington State Patrol Must Unconditionally Disclose Collision Information by The Washington State Court of Appeals held that the Washington State Patrol (WSP) must disclose records about traffic accidents in specific locations (collision records) following a public records request without first requiring the requester to sign a statement that the records …
Article • November 15, 2011
Open Public Records Act Plaintiff Entitled to Attorney’s Fees, New Jersey Appellate Court Holds by The Appellate Division for the Superior Court of New Jersey has reversed in part a lower court’s refusal to award attorney’s fees to a plaintiff in an New Jersey Open Public Records Act (OPRA) suit. …
Article • September 15, 2011
Washington Civil Commitment Trial Law Not Retroactive by Washington State’s Court of Appeals, Division I, has held that the Legislature’s amendment of RCW 71.09.090 did not apply retroactively, holding that amendment properly applies to prohibit new trials on commitment status for sexual predators on the sole basis of advancing age. …
Washington State’s 2005 Sexual Predator Amendment Not Retroactive by David Reutter By David Reutter Washington State’s Supreme Court has held the 2005 amendment to the state’s sexually violent predator act (SVPA) does not apply retroactively. The Court also held a trial court may not weigh evidence at a show of …
New Laws Improve Job Prospects for Former Prisoners by More than 25 cities and counties have taken steps to remove unfair barriers in their employment practices relative to hiring ex-offenders, according to a resource guide produced by the National Employment Law Project. Central to this new hiring initiative has been …
Article • September 15, 2011 • from PLN September, 2011
Third Circuit Upholds Unanimity Requirement for Pennsylvania Pardon Recommendations by The Third Circuit Court of Appeals has upheld a Pennsylvania law requiring a unanimous vote on pardon and commutation recommendations. Article IV § 9(a) of Pennsylvania’s constitution authorizes the governor to commute or pardon a prisoner. Such authority is exercised …
Article • August 15, 2011 • from PLN August, 2011
Ninth Circuit Reverses Grant of Injunctive Relief in Ex Post Facto Challenge to Marsy’s Law by Michael Brodheim by Mike Brodheim The Ninth Circuit Court of Appeals has held that a district court abused its discretion in granting preliminary injunctive relief to a group of California life-term prisoners who challenged, …
Article • August 15, 2011 • from PLN August, 2011
Big Win for Open Government in Vermont Legislature: Attorney Fees Now Mandated for Prevailing Plaintiffs in Public Records Lawsuits by Allen Gilbert Vermont’s public records law will be getting a makeover thanks to a push from open government advocates, the administration of newly-elected Governor Peter Shumlin and a legislature that …
Article • August 15, 2011 • from PLN August, 2011
Provision in Florida Law Prohibits Compensation to Wrongfully Convicted by David Reutter by David M. Reutter A “clean hands” provision in a Florida law designed to compensate wrongfully convicted prisoners is preventing most of those prisoners from receiving compensation. Of 13 men cleared by DNA evidence in Florida, only one …
Article • July 15, 2011
California: Bringing Medical Marijuana Into Jail Is Not A Felony by John Dannenberg by John E. Dannenberg The California Court of Appeal held that because California’s 1996 voter-approved Medical Marijuana Program Act (Proposition 115) permits a citizen to possess marijuana for medical use, bringing such approved marijuana into jail could …
New York Sex Offenders’ Settlement Agreement Superseded By New Registration Law by John Dannenberg by John E. Dannenberg The Second Circuit U.S. Court of Appeals dealt a blow to New York state sex offenders when it ruled that in spite of an earlier suit and settlement agreement constraining sex offender …
Article • May 15, 2011
Missouri Escape Rule Bars Post-Conviction and Habeas Corpus Filing by Missouri state prisoner Alan Echols appealed his federal habeas corpus denial after being denied state post-conviction relief based on Missouri's escape rule, which bars the review of post-conviction claims from prisoners who escape from incarceration. The denial was upheld by …
Article • April 15, 2011
California Court of Appeal Invalidates Legislative Amendments to Voter-Approved Drug-Treatment Diversion Initiative by In November 2009, the California Court of Appeal affirmed the judgment of the Superior Court of Alameda County which enjoined enforcement of a legislative enactment, senate Bill 1137, that sought to amend Prop. 36, a voter-approved initiative …
Article • April 15, 2011
Medical Malpractice Damages Caps Unconstitutional in Illinois by On February 4, 2010, the Illinois Supreme Court filed its opinion invalidating Public Act 94-677 (Act) and, more specifically, section 2-1706.5 of the Code of Civil Procedure, which sets caps on noneconomic damages in medical malpractice suits. This appeal stems from a …
Article • April 15, 2011 • from PLN April, 2011
Washington Court Reverses Injunction Against Prisoner’s Public Records Requests by On July 29, 2010, the Washington State Court of Appeals affirmed that prisoners have standing to request records under Washington’s Public Records Act (PRA). The court also held that photographs of guards; personnel, compensation and training records; and intelligence and …
Article • April 15, 2011 • from PLN April, 2011
Maryland: Convicted Felons Receive Victims’ Compensation by Gary Hunter Since 2003, Maryland’s Criminal Injuries Compensation Board has awarded about $1.8 million to claimants with criminal convictions. In Baltimore, over 120 people who received victims’ compensation had been arrested for selling or manufacturing drugs; more than seventy of those payments went …
Article • March 15, 2011 • from PLN March, 2011
Georgia Eases Sex Offender Restrictions in Face of Federal Court Challenge by Laws that restrict where sex offenders can live have been popular in legislatures throughout the U.S. With much fanfare and hoopla, Georgia passed one of the nation’s toughest sex offender residency statutes on July 1, 2006. That law …
Article • March 15, 2011 • from PLN March, 2011
Filed under: News, State Legislation
Second Circuit: New York’s Persistent Felony Offender Statute Held Constitutional in En Banc Ruling by Matthew Clarke by Matt Clarke The Second Circuit Court of Appeals found that New York’s Persistent Felony Offender Statute (PFOS), N.Y. Penal Law § 70.10 , which allows enhancement of sentences for prior felony convictions, …
Article • March 15, 2011
Sixth Circuit Certifies to Ohio Supreme Court for Interpretation of State Law by The Sixth Circuit Court of Appeals sua sponte certified questions to the Ohio Supreme Court as to the proper interpretation of the scope of an Ohio statutory scheme restricting internet communications. In 2002, the Ohio Legislature enacted …
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