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South Carolina Sex Offender’s Lifetime Satellite Monitoring Held Unconstitutional by The South Caroline Supreme Court held on May 9, 2012 that court-ordered lifetime satellite monitoring violated a sex offender’s due process rights. Jennifer Rayanne Dykes, 26, was convicted of a sex offense for having an eight-month relationship with a 14-year-old …
Article • March 15, 2013 • from PLN March, 2013
Former New York Prisoner Exonerated, Receives $2 Million Settlement by A man whose conviction was overturned after spending 10 years in prison has settled his wrongful conviction suit against the State of New York for $2 million. Michael Clancy, 25, was working as an apprentice elevator mechanic when he was …
Equitable Tolling of AEDPA Includes Non-English Speaking Petitioners by The Third Circuit Court of Appeals has held that a language inability, when combined with denial of legal or translation assistance, can be an extraordinary circumstance for equitable tolling purposes in habeas cases. The issue was before the Third Circuit following …
Article • March 15, 2013 • from PLN March, 2013
Fifth Circuit Reverses $659,300 Katrina-Related Jury Award by Matthew Clarke by Matt Clarke In March 2012, the Fifth Circuit Court of Appeals reversed a $659,300 jury award in favor of two men who were arrested for public intoxication in New Orleans two days before Hurricane Katrina struck, and were then …
Article • March 15, 2013
New Jersey Supreme Court Turns Back Constitutional Challenge to the State's Sexually Violent Predator Act by Derek Gilna In an opinion decided November 9, 2010, the New Jersey Supreme Court rejected constitutional challenges to their New Jersey Sexually Violent Predator Act, NJSA. In the case, the court ruled against the …
Seventh Circuit Affirms Imprisonment Does Not Promote Correction and Rehabilitation by Derek Gilna The Seventh Circuit Court of Appeals overturned the above-guidelines sentence wherein the sentencing judge stated he wanted the defendant to "get mental health treatment." In so ruling, the Seventh Circuit followed the case of Tapia v. United …
Article • March 15, 2013
California: Confidential Lifer Files Found Discarded in Dumpster Outside Prison by Mysteriously, the files of eight California prisoners serving life sentences turned up in a dumpster at a Shell gas station outside the California Men’s Colony (CMC) in San Luis Obispo. The files were found by a homeless couple looking …
Article • March 15, 2013
Conflict of Interest Alleged in Termination of Probation Services Contract by Georgia’s Dekalb County has a $1 million contract with Judicial Correctional Services (JCS) to operate the County’s probation services. With the recommendation of his campaign manager, County CEO Burrell Ellis terminated JCS’s contract; a termination shrouded in controversy when …
Kuri v. City of Chicago, IL, Complaint, Wrongful Conviction, 2013 Case: 1:13-cv-01653 Document #: 1 Filed: 03/04/13 Page 1 of 14 PageID #:1 IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS, EASTERN DIVISION ANTHONY KURI, ) ) Plaintiff, ) ) v. ) ) THE CITY OF CHICAGO, ) …
Seales v. City of Detroit, MI, Amended Complaint, Wrongful Imprisonment, 2013 Case 4:12-cv-11679-GAD-DRG ECF No. 28 filed 04/09/13 PageID.121 Page 1 of 22 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION MARVIN SEALES, Plaintiff, Case No. 4:12-cv-11679 Hon. Gershwin A. Drain v CITY OF DETROIT, a Municipal Corporation; …
Brief • February 18, 2013
Filed under: Wrongful Imprisonment
Hayes v. Flowers, GA, Complaint, Wrongful Incarceration, 2013 Case 1:13-cv-00025-WLS Document 1-3 Filed 02/18/13 Page 1 of 19 ATTACHMENT A -- . ...;; \ Ci~il , .' AI• ;· ;· ,., ,·) 2 of 19 Document 1-3 Filed 02/18/13 i, '-' Page ,. /' 7' Case 1:13-cv-00025-WLS ..,.. .9 i …
Article • February 15, 2013 • from PLN February, 2013
GAO Examines How BOP Can Reduce Prisoners’ Time in Prison by Derek Gilna The U.S. Government Accountability Office (GAO) has released a study on the Bureau of Prisons’ authority to shorten a federal prisoner’s sentence. The Bureau of Prisons (BOP) was found to have three principal authorities with respect to …
Article • February 15, 2013 • from PLN February, 2013
In Memory of Jon E. Yount (1938-2012) by Peter Wagner Sometime in the early morning of April 26, 2012, in his cell in a remote Pennsylvania prison, a 74-year-old jailhouse lawyer serving a life sentence hung himself. He was a quiet man who avoided taking credit for his work, so …
Supreme Court Adopts Strickland Prejudice Standard for Rejected Plea Bargains by Derek Gilna The U.S. Supreme Court, in a 5-4 ruling, has extended Strickland guarantees of effective legal representation to defendants entering into plea bargains. According to Justice Anthony Kennedy, who delivered the majority opinion of the Court, “The reality …
Texas Court of Criminal Appeals Sets Aside Convictions Based on Actual Innocence by Matthew Clarke by Matt Clarke In a 7-0 opinion with two judges not participating, the Texas Court of Criminal Appeals held on February 15, 2012 that a former prisoner who claimed exculpatory evidence was withheld in his …
Article • February 15, 2013 • from PLN February, 2013
Ohio Supreme Court Sides with Defendant in Sex Offender Registration Case by Derek Gilna On May 8, 2012, the Ohio Supreme Court ruled in favor of Wesley Lloyd, who was convicted of a sex offense in Texas and then moved to Ohio in 2005. He was arrested and convicted in …
Illinois: Current Insurer Must Pay Wrongful Conviction Award after Exoneration by The Seventh Circuit Court of Appeals has affirmed a federal district court’s determination “that, under Illinois law, the issuer of the policy in force on the date a convict is exonerated must defend and indemnify an insured whose law-enforcement …
Oregon Prosecutor’s Son Escapes Mandatory Prison Time for Sexual Assault by Commit sexual abuse in Oregon and you face a mandatory prison sentence of 75 months – unless your father happens to be a prosecutor, apparently. In December 2011, Jacob Frasier, 17, the son of Coos County District Attorney Paul …
Article • February 15, 2013 • from PLN February, 2013
Life After Murder: Five Men in Search of Redemption, by Nancy Mullane (Public Affairs Books, 2012). 384 pages, $26.99 (hard-cover) by John Dannenberg Book review by John E. Dannenberg With a gripping meld of investigative journalism and personal involvement, author Nancy Mullane digs into the true meaning of “life with …
Former California Prison Guard Resentenced Following Assault Conviction by The Ninth Circuit Court of Appeals has vacated a 51-month sentence imposed on a former California prison guard convicted of assaulting two prisoners, on the ground that during sentencing the district court had relied on unreliable allegations made by a jailhouse …
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