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Article • August 15, 2013
Bureaucracy Errors that Result in Overdetention Not Deliberate Indifference by The Eleventh Circuit Court of Appeals has held that the overdetention of two prisoners was not due to deliberate indifference on the part of officials at Alabama’s Mobile County Jail. The Court’s ruling affirmed the grant of summary judgment to …
Article • August 15, 2013
Delaware Supreme Court Reverses Escape Conviction by In December 2012, the Delaware Supreme Court reversed an escape conviction because the prisoner’s request to represent himself was improperly denied. While serving a sentence for robbery at the Plummer Center in Wilmington, Delaware, prisoner Maurice Williams requested and received a medical pass …
Article • August 15, 2013
$30,000.00 Settlement Reached in False Imprisonment Suit Against Washington Department of Corrections by A $30,000 settlement was reached in an action filed against the Washington Department of Corrections (D.O.C.) for miscalculation of good-time credits resulting in false imprisonment. Charles D. Hardt was a prisoner at Airway Heights Correctional Center. With …
Article • August 15, 2013
Bodily Injury Enhancement in Federal Guidelines Requires Significant Injury by The Tenth Circuit Court of Appeals held that injuries sustained by a jail guard were insufficient to sustain a two-level sentence enhancement for bodily injury. While imprisoned at Utah’s Weber County Jail on November 21, 2004, federal prisoner Francisco Mejia-Canales …
Article • August 15, 2013
Filed under: Sentencing, Good Time
BOP Good Time Regulation Promulgated in Violation of the APA; No Relief for Violation Ninth Circuit Holds by The Bureau of Prisons (BOP) regulation affording federal prisoners 54 days of good conduct time (GCT) for each year served was promulgated in violation of the Administrative Procedures Act (APA), the U.S. …
An Innocent Man Speaks: PLN Interviews Jeff Deskovic by On April 9, 2013, Prison Legal News editor Paul Wright sat down with Jeffrey Deskovic as part of PLN's ongoing series of interviews concerning our nation's criminal justice system. Previously, PLN interviewed famous actor Danny Trejo [PLN, Aug. 2011, p.1] and …
Article • August 15, 2013 • from PLN August, 2013
West Virginia Court-Supervised Parole and Condition Barring Association with Spouse Upheld by West Virginia's Supreme Court has upheld a circuit court's authority to impose court-supervised parole, and affirmed a parole condition that barred a parolee's association with convicted felons – including her spouse. On June 9, 2009, Karen Tanner pleaded …
Article • August 15, 2013 • from PLN August, 2013
Fourth Circuit: Sex Offender Registration Not "Custody" for Section 2254 Jurisdiction by Fourth Circuit: Sex Offender Registration Not "Custody" for Section 2254 Jurisdiction On August 15, 2012, the Fourth Circuit held that sex offender registration requirements do not amount to being "in custody" for purposes of invoking federal habeas corpus …
Article • August 15, 2013 • from PLN August, 2013
Filed under: Sentencing, Parole
New Tennessee Parole Board Members have Apparent Bias Against Granting Parole by Alex Friedmann Tennessee Board of Parole Chairman Charles Traughber, who had served almost four decades on the Board and had a reputation for ruling it with an iron hand, retired in June 2013. To fill Traughber's vacant position, …
Article • August 15, 2013 • from PLN August, 2013
Third Circuit: Requiring Admission of Guilt to Participate in Mandatory-for-Parole SOTP Not a Fifth Amendment Violation by Matthew Clarke by Matt Clarke The Third Circuit Court of Appeals has held that requiring an admission of guilt to participate in an in-prison sex offender treatment program (SOTP) did not violate the …
Article • August 15, 2013 • from PLN August, 2013
Filed under: Sentencing, Parole
Longest-Serving Texas Prisoner Makes Parole; Other Long-term Prisoners Not so "Lucky" by Longest-Serving Texas Prisoner Makes Parole; Other Long-term Prisoners Not so "Lucky" Harvey Stewart, 83, first entered the Texas prison system in 1951 to serve a 10-year stint for robbing a junk yard. Paroled six years later, he returned …
Article • August 15, 2013 • from PLN August, 2013
Filed under: Escapes, Sentencing
Louisiana Supreme Court Reverses Sentence for Escape, but Sentence Affirmed on Remand by The Louisiana Supreme Court reversed an appellate court that found excessive a sentence which was twice as long as the original sentence imposed prior to a successful appeal, but remanded the case for consideration of whether the …
Article • August 15, 2013 • from PLN August, 2013
DC Circuit: Qualified Immunity for Retroactive U.S. Parole Commission Regulations by The Court of Appeals for the District of Columbia (DC) Circuit has affirmed a district court's grant of qualified immunity to U.S. Parole Commission officials related to the retroactive application of parole regulations. In 1993, Melvin Taylor was convicted …
Article • August 15, 2013 • from PLN August, 2013
Seventh Circuit Asks Illinois Supreme Court to Interpret "Frivolous" Litigation Statute by Seventh Circuit Asks Illinois Supreme Court to Interpret "Frivolous" Litigation Statute In an August 29, 2012 decision, the Seventh Circuit Court of Appeals asked the Illinois Supreme Court to interpret a state law that authorizes the revocation of …
8th Circuit Allows Reckless Investigation Suit to Proceed After DNA Evidence Leads to Pardons for Four Convicted Murderers by In October 2012, the Eighth Circuit Court of Appeals held that four individuals (two men and two women), who had pleaded guilty or no contest to a Gage County, Nebraska rape/murder …
8th Circuit: Qualified Immunity Denied to Nebraska Investigative Team Which Manufactured False Evidence to Secure Murder Conviction of Innocent Party by In October 2012, the Eighth Circuit Court of Appeals affirmed the denial of qualified immunity to a team of investigators accused of conspiring to manufacture false evidence and procuring …
Article • August 15, 2013
Third Circuit Vacates Lifetime Computer/Internet Ban by The Third Circuit Court of Appeals vacated sex offender special conditions of supervised release because they were not narrowly tailored or consistent with the factors of 18 USC § 3553(a). Pennsylvania resident Daniel Voelker engaged in an online “chat” with Wyndell Williams. During …
Article • August 15, 2013
Filed under: Sentencing, Good Time
Washington DOC Can’t Impose 5 Years Flat Time for All 1st Degree Assault Convictions with Deadly Weapons Enhancements by The Washington State Supreme Court has ruled that the State Department of Corrections (DOC) can’t require prisoners to serve the first five years of a 1st degree assault sentence as “flat …
Brief • August 9, 2013
Filed under: Wrongful Conviction
Wilcoxson v. Buncombe Co, NC, Complaint, wrongful conviction, 2015 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA CHARLOTTE DIVISION CASE NO.____________ ROBERT WILCOXSON, Plaintiff vs. BUNCOMBE COUNTY, BOBBY MEDFORD, in his individual and official capacities, SAM CONSTANCE, in his individual capacity, GEORGE SPRINKLE, in his …
Brief • August 5, 2013
Wilson v. Winges-Yanez, OR, Ptfs Resp. to MTD, Sex Offender Parole Conditions, 2013 Case 3:13-cv-00740-KI Document 28 Filed 08/05/13 Page 1 of 13 Page ID#: 170 Lynn S. Walsh, OSB #92495 email: walsh@europa.com 209 SW Oak Street Suite 400 Portland, Oregon 97204 Telephone: 503-790-2772 Facsimile: 503-227-6840 Attorney for Plaintiff UNITED …
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