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Article • May 15, 2011 • from PLN May, 2011
Conviction Affirmed for Former Prisoner Who Posed as Lawyer by by Brandon Sample Howard O. Kieffer “is not an attorney, never obtained a college degree and has never attended law school or passed a bar exam,” wrote the Chief Judge of the Eighth Circuit Court of Appeals, in affirming Kieffer’s …
State Auditor Finds Vermont Sex Offender Registry Unreliable by Matthew Clarke by Matt Clarke On June 25, 2010, the Vermont State Auditor released a report entitled Sex Offender Registry: Accuracy Could be Significantly Improved. As the title implies, the auditors found critical or significant errors in 79% of the community-based …
Article • May 15, 2011
Mistaken Release Still Escape If You Do Not Turn Yourself In by The federal escape statute applies to prisoners who fail to turn themselves in after being mistakenly released, the U.S. Court of Appeals for the Eleventh Circuit decided December 27, 2010. Lonzell Gowdy was mistakenly released by Alabama prison …
Article • May 15, 2011
Prisoner's Conviction in Lucasville Prison Riot Confirmed by Ohio’s Tenth District Court of Appeals affirmed the denial of a new trial motion filed by a prisoner convicted of two murders that occurred during the 1993 Lucasville prisoner riot. A jury convicted prisoner Timothy Grinnell of two counts of aggravated murder …
Article • May 15, 2011
Massachusetts Supreme Judicial Court Discharges Man after 16-Year Sentence Execution Delay by On November 6, 2007, the Supreme Judicial Court of Massachusetts held that a 16-year delay in the execution of sentences for multiple violent and sex offenses precluded execution of the sentences. Vith Ly, an immigrant from Cambodia living …
Article • May 15, 2011
California Civil Detainee Convicted of Assaulting Guard by California’s Fourth District Court of Appeals has affirmed the conviction for battery upon a custodial officer against a “civil committee.” Following the jury’s verdict, a sentence of eight years was imposed upon “two strikes offender” Jeremy Noel Dooley. Dooley was a civil …
Massachusetts Prisoner Suicides More Than Four Times National Average by Mark Wilson Massachusetts has a relatively low state prison population, with approximately 11,000 prisoners. Yet its annual prisoner suicide rate has topped an alarming 71 suicides per 100,000 prisoners – more than four times the national average of 16 per …
Article • May 15, 2011 • from PLN May, 2011
Jailing for Debt on the Rise by Matthew Clarke by Matt Clarke The use of arrest warrants to jail people who have defaulted on debts is increasing. In Minnesota alone, there were 845 civil arrest warrants issued against debtors in 2009, an increase of 60% compared with 2004. Over a …
Article • May 15, 2011 • from PLN May, 2011
CA Inspector General Finds 15 of 17 Prisons Demonstrate Low Adherence to Established Medical Policies and Procedures by Michael Brodheim by Mike Brodheim In August 2010, California’s Office of the Inspector General (OIG) issued a report summarizing and analyzing the results of medical inspections at 17 of 33 adult prisons …
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 …
Prison Pays: Geo Corp Profits from Half-Way House Murder and Mayhem in Texas by Craig Malisow Despite a history of abuse and bad conditions, private-prison corporation GEO Group keeps getting contracts in Texas by Craig Malisow Anthony Ferrell left the Ben A. Reid halfway house in northeast Houston on October …
Texas: $5 Million Settlement in TransCor Sex Abuse Case by In October 1999, prisoner Cheryl Schoenfeld was sexually assaulted by two TransCor employees while being transported through Texas. TransCor, a subsidiary of private prison firm Corrections Corp. of America (CCA), transports prisoners nationwide. TransCor guards Michael Jerome Edwards and David …
Death Sentence Affirmed for Florida Prisoner Convicted in Guard’s Death During Botched Escape by David Reutter By David M. Reutter The Florida Supreme Court has affirmed the death sentence of a prisoner convicted in the murder of a guard during a botched prison escape. Stephen Smith and his codefendants, Dwight …
Crime Victims May Not Appeal Criminal Sentences, Tenth Circuit Decides by Brandon Sample By Brandon Sample Crime victims may not appeal a defendant's sentence or the denial of rights under the Crime Victims' Rights Act of 2004 (CVRA), the U.S. Court of Appeals for the Tenth Circuit decided December 2, …
Article • April 15, 2011
Prisoners Who Fear for Their Safety Must Give Details to Prison Officials, Seventh Circuit Decides by Brandon Sample By Brandon Sample Prisoners who feel that their safety is in danger must do more than make generalized assertions of potential harm, the U.S. Court of Appeals for the Seventh Circuit decided …
Article • April 15, 2011
Self-Defense Available to Prisoners in Federal Guard Assault Cases by A federal prisoner charged with assaulting a guard may claim self-defense in limited circumstances, the U.S. Court of Appeals for the Fourth Circuit decided January 12, 2010. Michael Gore got into a fight with Lieutenant Kevin Jensen and CO Gregory …
Subjective Knowledge that Object is a “Weapon” Not Required to Convict Federal Prisoner of Violating Contraband Statute by On June 7, 2010, the U.S. Court of Appeals for the Third Circuit affirmed a federal prisoner’s conviction for possessing a weapon while in prison. Eric Holmes was charged with violating 18 …
Article • April 15, 2011
Georgia Detainee's False Imprisonment Conviction Reversed Due to Lack of Evidence by The Georgia Court of Appeals reversed the false imprisonment conviction of three detainees because the evidence presented at their trial was insufficient to support their convictions. On November 5, 2006, Reheim Jaahad Shearin, Tyrone Caruthers, Jason Tyrone Dellemar …
Article • April 15, 2011
California: Penal Code Section 4573 Applies to Arrestees Who, When Booked, are Found in Possession of Controlled Substances by The California Supreme Court has held that Penal Code section 4573, which criminalizes the act of “knowingly bring[ing]” a controlled substance into a jail or prison, applies to a person in …
Article • April 15, 2011
Toilet Tank Lid Ruled “Deadly Weapon” by A juvenile Court in Grant County, Washington, convicted a minor, D.A.C., of second degree assault after he threw a toilet tank lid at an employee of the Grant County Youth Services Detention Facility. D.A.C. appealed the assault conviction on the ground that the …
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