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Article • July 15, 2003 • from PLN July, 2003
Over 100 Prisoners Exonerated Through DNA, Government Cuts Funding by Rex Bagley Bruce Godschalk became a free man on February 14, 2002,after fifteen years of incarceration for a crime he refused to admit to. In May, 1987 he was convicted in Philadelphia for the rape of two women and indecent …
Article • July 15, 2003 • from PLN July, 2003
Houston Crime Lab Closed, Prisoner Freed by Michael Rigby On March 6, 2003, the Houston Police Department (HPD) Chief C. O. Bradford announced that the department's DNA crime lab had been shut down and that internal affairs had launched an investigation into possible criminal and other misconduct. The announcement came …
Compensating the Wrongly Convicted, or Not by Matthew Clarke by Matthew T. Clarke Hundreds of thousands of men and women are hidden from society—social failures convicted of felonies—behind concrete walls and razor wire in isolated parts of our country. Nestled among them are society's silenced victims—the wrongfully convicted. Society is …
Texas Prison Guard Charged with Raping Male Prisoner; Prisoner Files §1983 Complaint by Texas Prison Guard Charged with Raping Male Prisoner; Prisoner Files §1983 Complaint Nathan Essary, a slightly built 22-year-old prisoner, was gang-raped at the Rogelio Sanchez State Jail near El Paso, Texas. Following the rape, Essary was transferred …
Article • April 15, 2003 • from PLN April, 2003
Texas Grants Prisoners Right to Forensic DNA Testing by by Matthew T. Clarke The Texas state legislature has enacted what may be the most pro-prisoner post-conviction DNA testing entitlement law in the country. Codified at Chapter 64 of the Texas Code of Criminal Procedure, the law gives any convicted person …
Article • April 15, 2003 • from PLN April, 2003
California Approves Forced DNA Extractions by California's Governor Gray Davis authorized the use of force to take DNA samples from state prisoners, when he signed Senate Bill 1242 into law on Sept. 17, 2002. Existing California Penal Code §§ 296, 296.1 and 296.2 codify the requirement and procedure for taking …
Forced DNA Sampling of California Prisoners Upheld by The California Court of Appeals upheld the California Department of Corrections (CDC) procedure of forcibly collecting blood and saliva DNA samples from prisoners convicted of specified violent crimes, including capital murder. Rejecting the privacy claims of eight women on Death Row, the …
Report Downplays Wrongful Convictions in U.S. by Hans Sherrer A report by University of Michigan staffers and law students _ Exonerations in the United States: 1989 through 2003 _ was released to the public on April 23, 2004. The report analyzed data from 328 cases during that 15 year period …
Habeas Hints: Editor's Choice by Kent Russell This column is intended to provide habeas hints for prisoners who are considering or handling habeas corpus petitions as their own attorneys. The focus of the column is habeas corpus practice under the AEDPA, the 1996 habeas corpus law which now governs habeas …
Article • April 15, 2002 • from PLN April, 2002
Massachusetts DNA Law Invalidated by In an unpublished ruling, the Superior Court of Massachusetts invalidated a state statute authorizing the Massachusetts Department of Corrections (MDOC) to: define indigence for the purpose of assessing costs of collecting and processing DNA samples; and impound and seize funds from prisoner accounts without their …
Article • June 15, 2001 • from PLN June, 2001
Wrongfully Convicted Ohio Man Receives $250,000 Award by On January 11, 2001, a Columbus, Ohio man who spent nearly six years in prison for three rapes he did not commit was awarded almost $250,000 in damages by the Ohio Court of Claims. Walter D. Smith, 43, was released from the …
Actual Innocence--Five Days to Execution and other Dispatches From the Wrongly Convicted by Roger Hummel By Barry Scheck, Peter Nuefeld, and Jim Dwyer Review by Roger Hummel Since 1963, at least 381 murder convictions across the nation have been reversed because of police or prosecutorial misconduct yet not one of …
2003 Washington Legislative Round-up by Lonnie Burton In its 2003 session the Washington leg-islature enacted numerous laws affecting prisoners. Highlights of the most relevant laws are as follows: Regional Jails Substitute House Bill 1609 instructs the Sentencing Guidelines Commission to present a plan by Dec. 31, 2003, for creating "pilot …
Guards Fired in Massachusetts Sex Abuse Cases by Four guards were fired from the Suffolk County House of Correction in Boston in August and October 1999 on charges that they had sexual contact with female prisoners. One of the prisoners became pregnant in what was described by the Boston Globe …
1999 Washington State Legislative Roundup by The 1999 Washington legislature created or amended far too many statutes of interest to our readers to adequately summarize, but here are some highlights: Custodial Misconduct makes it a class C felony for an employee or contract personnel of a correctional agency [or] law …
New York Prison Guard Nailed with DNA Evidence by Aformer New York state prison guard was sentenced in September, 1998, to three years imprisonment after admitting he forced a male prisoner to perform oral sex. Michael W. Roberts was a guard at the Adirondack Correctional Facility in upstate New York …
Article • April 15, 1996 • from PLN April, 1996
Washington DOC Enjoined from Taking Blood by The Washington state court of appeals for Division I affirmed a superior court order enjoining the Washington DOC from taking blood from a prisoner for its DNA databank. Sheryl Kelley was convicted of drug possession. RCW 43.43.754 authorizes the DOC to take blood …
Brief • March 23, 1996
Filed under: DNA Testing/Samples
California v. Wright, CA, Trial Transcript, DNA Errors, 1996 1 2 Excerpts from Noah Wright Hearings re Donna Dowden errors: 3 1 MUNICIPAL COURT OF THE STATE OF CALIFORNIA 4 2 MARIN COUNTY JUDICIAL DISTRICT 5 6 7 ---000--- 3 4 HON. JOHN A. SUTRO, JR., JUDGE DEPARTMENT NO. G …
Article • May 15, 1995 • from PLN May, 1995
NC DNA Testing Statute Upheld by Past issues of PLN have reported on the legal and political issues involved in DNA testing. Several states and the federal government have passed laws in the last five years which mandate the taking of blood from prisoners in order to compile a DNA …
Federal Crime Bill Passes by Paul Wright By Paul Wright In the October and November, 1993, issues of PLN, I wrote articles about the "anti-crime" proposals that had been submitted in the US Congress by democrats and republicans, respectively. I predicted then the most repressive aspects of both proposals would …
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