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Ninth Circuit Upholds $106,000 in Damages Plus Attorney Fees for Withheld Evidence by Mark Wilson Ninth Circuit Upholds $106,000 in Damages Plus Attorney Fees for Withheld Evidence by Mark Wilson The Ninth Circuit Court of Appeals has upheld a $106,000 damage award and over $348,300 in attorney fees and costs …
Article • May 6, 2015 • from PLN May, 2015
Filed under: Probation, Restitution
California Probation Cannot Exceed Maximum for Unpaid Restitution by Mark Wilson California Probation Cannot Exceed Maximum for Unpaid Restitution by Mark Wilson The California Court of Appeal, Sixth Appellate District, held on September 17, 2014 that trial courts lack authority to hold probationers in “suspended animation” beyond their maximum sentence …
Brief • May 6, 2015
Tribble v. Greene et al, DC, Complaint, wrongful conviction imprisonment, 2015 Case 1:15-cv-00710-GK Document 1 Filed 05/08/15 Page 1 of 43 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA SANTAE A. TRIBBLE, 210 Oakwood St., S.E, Unit 206 Washington, D.C. 20032 Plaintiff, v. Detective RAYMOND JEFFREY GREENE, …
Brief • April 27, 2015
Moody and Pulido v. Tatum, US, BiO Petition for a Writ of Certiorari, overdetention wrongful imprisonment, 2015 No. 14-1020 In the Supreme Court of the United States STEVEN MOODY AND ROBERT PULIDO, Petitioners, v. MARY TATUM, Respondent. On Petition for a Writ of Certiorari to United States Court of Appeals …
Jauch v. Choctaw County, MS, Complaint, Held Without Seeing Judge, 2015 Case: 1:15-cv-00075-SA-RP Doc #: 1 Filed: 04/21/15 1 of 10 PageID #: 1 INTHEUNITEDSTATESDISTRICTCOURT FORTHENORTHERNDISTRICTOFMISSISSIPPI ABERDEENDIVISION JESSICAJAUCH PLAINTIFF 1:15cv75-SA-SAA NO. VERSUS CHOCTAWCOUNTYand CLOYDHALFORD,InHis IndividualCapacity DEFENDANTS JURYTRIALDEMANDED COMPLAINT Thisisacivilactiontorecoveractual,compensatoryandpunitivedamagesfor theDefendants’deprivationsofMs.Jauch’sconstitutionalrighttocounselandtobe informedofthechargesagainstherpursuanttotheSixthAmendment,therighttobail pursuanttotheEighthAmendment,andtherighttolibertypursuanttotheDue ProcessClauseoftheFourteenthAmendment.Theseconstitutionaldeprivationsbythe Defendantsaremadeactionablepursuantto42U.S.C.§1983.Thefollowingaverments supportthiscivilaction: (Parties) 1.ThePlaintiff,JessicaJauchisanadultresidentcitizenofRankinCounty, Mississippi. 2.TheDefendantChoctawCountyisapoliticalsubdivisionoftheStateof Mississippi.ChoctawCountymaybeservedwithprocessbyserviceuponitsChancery …
Crime Labs Still in Crisis by Matthew Clarke Crime Labs Still in Crisis by Matt Clarke The October 2010 Prison Legal News cover story, “Crime Labs in Crisis: Shoddy Forensics Used to Secure Convictions,” provided an extensive examination of problems at crime labs nationwide. Apparently, and unfortunately, little has changed …
Article • April 9, 2015 • from PLN April, 2015
New York: Companies Settle Claims for Discriminating against Ex-Felons by Gary Hunter New York: Companies Settle Claims for Discriminating against Ex-Felons by Gary Hunter National retailer Bed Bath & Beyond forked over a large settlement in April 2014 after New York’s Attorney General caught the company illegally discriminating against ex-offenders …
Article • April 9, 2015 • from PLN April, 2015
Filed under: Sentencing, Juveniles
California Supreme Court Restricts Life Without Parole Sentences for Juveniles by California Supreme Court Restricts Life Without Parole Sentences for Juveniles The California Supreme Court has held that mandatory sentences of life without parole can no longer be applied to juvenile offenders. Even cases involving juveniles convicted of homicide must …
Article • April 9, 2015 • from PLN April, 2015
Deferred Sentence Completion Automatically Restores Civil Rights in New Mexico by Mark Wilson Deferred Sentence Completion Automatically Restores Civil Rights in New Mexico by Mark Wilson n May 1, 2014, the New Mexico Supreme Court held that satisfaction of the conditions of a deferred sentence fully restores a defendant’s civil …
Article • April 9, 2015 • from PLN April, 2015
Civilly Committed Sex Offenders Increasingly Released in Wisconsin by Matthew Clarke Civilly Committed Sex Offenders Increasingly Released in Wisconsin by Matt Clarke he State of Wisconsin is releasing more violent sex offenders who were civilly committed following their prison sentences, in part, officials say, because the state’s treatment program is …
Article • April 9, 2015 • from PLN April, 2015
Filed under: Wrongful Conviction
Dismissal of Wrongfully Convicted Prisoner’s Fabricated Evidence Claims Upheld on Appeal by David Reutter Dismissal of Wrongfully Convicted Prisoner’s Fabricated Evidence Claims Upheld on Appeal by David Reutter The Fourth Circuit Court of Appeals has affirmed a grant of judgment on the pleadings to two officers from North Carolina’s Charlotte-Mecklenburg …
Article • April 9, 2015 • from PLN April, 2015
Filed under: Wrongful Conviction
New York Settles Wrongful Conviction Claim for $2.7 Million by Michael Brodheim New York Settles Wrongful Conviction Claim for $2.7 Million by Michael Brodheim On November 2012, the State of New York agreed to pay $2.7 million to settle a claim filed by a woman who was wrongfully convicted and …
Article • April 9, 2015 • from PLN April, 2015
Washington Enacts Wrongful Conviction Compensation Law; County Reneges on $10.5 Million Settlement with Exonerated Prisoners by Washington Enacts Wrongful Conviction Compensation Law; County Reneges on $10.5 Million Settlement with Exonerated Prisoners Washington has joined the list of states that provide compensation for defendants who were wrongfully convicted and subsequently exonerated. …
Article • April 9, 2015 • from PLN April, 2015
Maryland Cannot Compel Retroactive Sex Offender Registration by Maryland Cannot Compel Retroactive Sex Offender Registration he Maryland Court of Appeals held in June 2014 that circuit courts have the power to order the removal of sex offenders from the state’s registry, thereby impacting federal databases as well; the decision followed …
Article • April 9, 2015 • from PLN April, 2015
Unexhausted Oregon Parole Claims Not Cognizable by Mark Wilson Unexhausted Oregon Parole Claims Not Cognizable by Mark Wilson On March 19, 2014, the Oregon Court of Appeals held that a pro se prisoner’s parole decision claims were not cognizable on appeal because he failed to raise those issues in his …
Article • April 8, 2015 • from PLN April, 2015
Tennessee County Not Required to Pay for Medical Costs after Prisoner’s Release by David Reutter Tennessee County Not Required to Pay for Medical Costs after Prisoner’s Release by David Reutter The Tennessee Court of Appeals has held that a prisoner does not have a private right of action for being …
Article • April 8, 2015 • from PLN April, 2015
Lost and Improperly Destroyed Evidence Thwarts Post-Conviction DNA Testing by Matthew Clarke Lost and Improperly Destroyed Evidence Thwarts Post-Conviction DNA Testing by Matt Clarke While crime labs across the country have been in the news for improper testing of forensic evidence in criminal cases, the problem with misplaced and improperly …
Brief • April 7, 2015
Lee v. Brown et al, VA, Amended Complaint, DOC parole jury due process, 2015 Case 3:15-cv-00114-REP Document 15 Filed 04/17/15 Page 1 of 12 PageID# 80 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA RICHMOND DIVISION JERRY DAVID LEE, Plaintiff, v. KAREN D. BROWN, in her …
Brief • April 2, 2015
Green v. City of New York, NY, Writ of Habeas Corpus, False Arrest Wrongful Conviction, 2015 Case 1:08-cv-00243-AMD-CLP Document 230 Filed 04/02/15 Page 1 of 2 PageID #: 2984 4-5 $-1 Case 1:08-cv-00243-AMD-CLP Document 230 Filed 04/02/15 Page 2 of 2 PageID #: 2985 "QSJM %06(-"4$1"-.&3 T&%DUUHWW %FQVUZ$MFSL
Brief • March 30, 2015
Diaz v. City of New York, NY, Settlement, false arrest imprisonement, 2015 Case 1:14-cv-05126-JGK Document 14 Filed 03/30/15 Page 1 of 4 I.INITED STATES DISTRICT COTJRT SOUTHERN DISTRICT OF NEW YORK -------x JOHNNY DIAZ, Plaintiff, STIPULATION OF StrTTLEMENT 14 Civ. -agalnsr- sl26 (JGK) THE CITY OF NEW YORK; POLICE DETECTIVE …
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