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In Many Courtrooms, Bad Interpreters Can Mean Justice Denied by By Rebecca Beitsch, Stateline Patricia Michelsen-King was observing the proceedings in a Chesterfield, Virginia, courtroom a few years ago when a man shouted in Spanish from the back of the courtroom, “I didn’t rape anybody!” Michelsen-King, who teaches Spanish interpretation at …
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 …
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
"Mere Possession" of a prison shank found sufficient for finding of "crime of violence' by Derek Gilna Jermaine Mobley was sentence to 37 months in the Eastern District of North Carolina in 2010 for possession of a prohibited object in prison as de­fined by 18 U.S.C. Section 1791(a)(2), after being …
Michigan: Suit Against Prison Doctor for Sexual Abuse May Proceed by Lonnie Burton On June 22, 2016, United States District Court Judge Sean F. Cox of the Eastern District of Michigan issued an order adopting a magistrate's recommendation to deny a motion to dismiss filed by a prison doctor who …
Article • September 7, 2016
Delaware: Prisoners Have No Right of Access to Certain DOC Policies; Court Rules Statute Denying Access Constitutional by Lonnie Burton On May 25, 2016, the Court of Chancery of the State of Delaware upheld the constitutionality of a state statute which prohibits the Department of Correction (DOC) from providing certain …
Article • September 7, 2016
CT: Prisoner’s Eight Year Sentence for Throwing Feces on Guard Affirmed by On April 26, 2016, the Appellate Court of Connecticut upheld the conviction of a prisoner who had thrown "liquid and fecal matter" at a guard's chest. The 3-0 decision affirmed the eight-year sentence imposed by the trial court, …
Article • September 2, 2016 • from PLN September, 2016
Wrongfully-convicted Former Prisoner Receives $13.2 Million in FBI Hair Analysis Case by Derek Gilna A 55-year-old man who was convicted based upon the now-discredited “science” of forensics hair analysis has been awarded $13.2 million by District of Columbia Superior Court Judge John M. Mott. This was just the latest in …
Article • August 25, 2016
Massachusetts Crime Lab Chemist Arrested for Falsifying Results by Matthew Clarke Annie Dookhan, 34, was arrested on September 28, 2012, and charged with two counts of obstruction of justice and one count of falsifying her academic record during her nine-year career as a state crime lab chemist. Each obstruction charge …
Second Circuit Upholds Implicit Waiver of Appearance at Disciplinary Hearing by Bruce Smith was a New York state prisoner when he was charged with the disciplinary infraction of fighting with another prisoner. On the day of his disciplinary hearing, Smith was brought to the hearing room, but the hearing officer …
Article • August 25, 2016
NY Prisoner’s Sanction for Not Providing Urine Sample for Drug Screening Affirmed by Camilo Infante, a New York state prisoner, failed to provide a urine sample within three hours of a guard’s order to do so for purposes of drug screening. He claimed at his disciplinary hearing that a groin …
Former Michigan AG Found Guilty of Stalking Gay Man by In August 2012, a federal jury in Detroit found Andrew Shirvell, a homophobic former Michigan assistant attorney general, guilty of stalking, defamation, intentional infliction of emotional distress, and invasion of privacy, in a civil suit brought by Chris Armstrong, the …
Article • August 24, 2016
New York DOC’s Changing Staff Job Classifications Upheld by New York’s Court of Appeals has held that it was not irrational for the Classification and Compensation Division in the New York State Department of Civil Service to revise the classification standards for the civil service titles of Education Supervisor, Plant …
Article • August 23, 2016
New York Federal Court Holds Victim's Hearsay Accusation Insufficient in Prison Disciplinary Case by Matthew Clarke On April 13, 2012, a New York federal court held that prison officials were liable for convicting a prisoner in a disciplinary action based solely on a victim's hearsay statement and upholding that disciplinary …
Article • August 22, 2016
Fifth Amendment Right Waived, If Not Invoked During Polygraph Test by Pennsylvania parolee David S. Knoble served his sentence for endangering the welfare of a child, conspiring with his wife for her to engage in sexual intercourse with his 14-year old son and then placed on four-year probation. He was …
Article • August 19, 2016
Court Orders California Prison Officials to Process Prisoner’s Administrative Appeals by Court Orders California Prison Officials to Process Prisoner’s Administrative Appeals In February 2008, a Superior Court in California held that Salinas Valley State Prison (SVSP) officials had improperly “screened out” two administrative appeals filed by SVSP prisoner Lorenzo Fosselman, …
Brief • August 19, 2016
Gomez v. City of New York, NY, Order Denying Reconsideration, False Arrest, 2016 Case 1:14-cv-02621-ILG-CLP Document 35 Filed 08/19/16 Page 1 of 5 PageID #: 317 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK ------------------------------------------------------x JUAN GOMEZ, MEMORANDUM AND ORDER 14-CV-2621 (ILG) (CLP) Plaintiff, - against THE CITY OF …
Pennsylvania Arrest for Videotaping Cops Denied Qualified Immunity by Mark Wilson A Pennsylvania federal court held that police were not entitled to qualified immunity for "entering a family's home and arresting its owner for doing nothing more than attempting to videotape the officers' overreaction on her own property." Kia Gaymon, …
Article • August 11, 2016
New York Police IA Records in Camera Inspection Improperly Denied by Mark Wilson The New York Supreme Court, Appellate Division reversed a lower court's denial of in camera inspection of police internal affairs records in a wrongful death action. Christine Cea and others brought a state court wrongful death action …
Article • August 11, 2016
Chicago Driver Awarded $319,464 for Police Red Light Violation Crash by Mark Wilson An Illinois jury awarded a Chicago man $319,464 for injuries he sustained when a Chicago police officer ran a red light, t-boning his vehicle. On October 26, 2005, Melvin Conway, 43, was driving home from the Chicago, …
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