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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 …
Article • July 1, 2015
Filed under: Sentencing, Parole, Juveniles
Iowa Supreme Court Holds Miller Retroactive; Governor’s Commutation Cannot Cure Violation by David Reutter  Iowa Supreme Court Holds Miller Retroactive; Governor’s Commutation Cannot Cure Violation by David Reutter The Iowa Supreme Court held that the Governor Commutation of sentences of life without parole imposed upon juveniles cannot circumvent the holding …
$4.2 Million for Wrongfully Convicted Illinois Man Denied Exculpatory Evidence by $4.2 Million for Wrongfully Convicted Illinois Man Denied Exculpatory Evidence A $4.2 million settlement has been reached in a civil rights lawsuit filed by a wrongfully convicted Illinois man. Maurice Patterson was convicted of a 2002 murder and spent …
Brief • July 1, 2015
Filed under: Wrongful Conviction
Wilcoxson v. Buncombe Co, NC, Settlement, wrongful conviction, 2015
Brief • June 17, 2015
Tucker v. Idaho, ID, Class Action Complaint, indigent defense debtors prison, 2016 Jason D. Williamson AMERICAN CIVIL LIBERTIES UNION FOUNDATION jwilliamson@aclu.org 125 Broad Street New York, New York 10004 (212) 284-7340 (212) 549-2654 (fax) Pro hac vice application pending Richard Eppink AMERICAN CIVIL LIBERTIES UNION OF IDAHO FOUNDATION reppink@acluidaho.org P.O. …
Brief • June 15, 2015
Thompson v. Moss Point, MS, Motion and Order for TRO, Class Action, Secured Bail Schedule, 2015 Case 1:15-cv-00182-LG-RHW Document 10 Filed 06/15/15 Page 1 of 3 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI SOUTHERN DIVISION ) CHEVON ELIZABETH THOMPSON et al.,) ) Plaintiffs, ) ) …
Article • June 12, 2015
California: Commission Recommends Reforms for Jail Overcrowding, Sentencing by Michael Brodheim California: Commission Recommends Reforms for Jail Overcrowding, Sentencing by Michael Brodheim In a May 2013 letter to the Governor and to members of the state legislature, Jonathan Shapiro, Chairman of the Little Hoover Commission, addressed problems of jail overcrowding …
Report Finds Criminal Justice Reforms across the Nation by Mark Wilson Report Finds Criminal Justice Reforms across the Nation by Mark Wilson In 2012, 6.98 million Americans were under some form of correctional supervision, with 2.2 million in prison or jail and another 4.8 million on probation or parole, according …
Article • June 12, 2015
Alaska’s Retroactive Application of ASORA Amendments Violates Ex Post Facto Clause by Alaska’s Retroactive Application of ASORA Amendments Violates Ex Post Facto Clause The Alaska Supreme Court held that its rule prohibiting precedential effect of 2-to-l decisions does not apply retroactively. Therefore, Doe v. State, 189 P3d 999 (Alaska 2008)(Doe …
Texas Cops Granted Qualified Immunity for False Arrest, Malicious Prosecution by David Reutter Texas Cops Granted Qualified Immunity for False Arrest, Malicious Prosecution by David Reutter The Fifth Circuit Court of Appeal affirmed the grant of summary judgment to two police officers sued for false arrest and malicious prosecution by …
Brief • June 12, 2015
Thompson v. Moss Point, MS, Complaint, Class Action, Secured Bail Schedule, 2015 Case 1:15-cv-00182-LG-RHW Document 1 Filed 06/12/15 Page 1 of 11 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI, SOUTHERN DIVISION SOUTHERN DISTRICT OF MISSISSIPPI ) FILE 0 CHEVON ELIZABETH T HOM PSON, et al.) …
Article • June 11, 2015
Filed under: Wrongful Conviction
Exonerated Ohio Man Dies Four Years after Release from Serving 26 years by Exonerated Ohio Man Dies Four Years after Release from Serving 26 years Just four years after his exoneration in a robbery and murder that he did not commit, Timothy Howard, 53, died of a heart attack. Howard …
Article • June 10, 2015
Filed under: Parole, Probation
Ninth Circuit: Early Termination of Federal Supervised Release Does Not Require Showing of Undue Hardship by Ninth Circuit: Early Termination of Federal Supervised Release Does Not Require Showing of Undue Hardship The United States Court of Appeals for the Ninth Circuit has reversed a District Court ruling denying a defendant’s …
Article • June 10, 2015
Supreme Court Grants Habeas for Defense Counsel's Failure to Investigate Mitigating Circumstance in Murder Case by Supreme Court Grants Habeas for Defense Counsel's Failure to Investigate Mitigating Circumstance in Murder Case On November 30, 2009 U.S. Supreme Court reversed the Florida Supreme Court decision that discounted Counsel's failure to conduct …
Article • June 10, 2015
Contempt Adjudication is Not Conviction of Offense for Purposes of Oregon Criminal Record Law by Contempt Adjudication is Not Conviction of Offense for Purposes of Oregon Criminal Record Law On October 9, 2013, the Oregon Court of Appeals held that contempt of court adjudication is not the conviction of an …
Article • June 10, 2015
California: Government Immunity Does Not Shield Officials from Decision to Keep Wrong Person Incarcerated by California: Government Immunity Does Not Shield Officials from Decision to Keep Wrong Person Incarcerated In August 2007, the California Supreme Court held that the governmental immunity provision of Government Code (GC) §845.8(a) did not shield …
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