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Article • August 15, 2008
Hearing on Newly Discovered Evidence Denied; Florida Prisoner's Death Sentence for Prison Escape Killing Stands by Florida state death row prisoner William Van Poyck appealed the dismissal of his post-conviction motion that introduced new evidence of a "trigger man's" admission. The state Supreme Court affirmed the dismissal because Van Poyck's …
Article • August 15, 2008
Nebraska Prisoner's Medical, Mental Suffering Resulting from Segregation Does Not Support Eighth Amendment Violation by Nebraska state prisoner Thomas Fleming brought a federal civil rights action in 2003 alleging violations related to conditions of confinement, due process, inadequate medical care, and inflicted dis-associative disorder. The district court dismissed his Eighth …
Article • August 15, 2008
Second-Degree Escape Considered Violent for ACCA Sentence Enhancement Purposes by Tennessee federal prisoner Collis Lancaster, Jr., appealed his sentence enhancement under the Armed Career Criminal Act (ACCA) after the court classified a prior second-degree escape in Kentucky as a violent offense. His sentence was affirmed because an escape was considered …
Article • August 15, 2008
Escape From Jail or Prison Categorically Constitutes Crime of Violence by Montana federal prisoner Shane Savage appealed a sentence enhancement for a prior escape from a state jail that was used to calculate his current sentence. The enhancement was confirmed because the escape categorically constituted a crime of violence under …
California Rehabilitation Facilities Not Responsible for Escaped Residents’ Criminal Actions by California state residents Jasper Rice and Jennifer Asbury (plaintiffs) appealed the dismissal of their negligence action against Center Point, Inc. and Humbolt Recovery Center (defendants). Four of the defendant’s residents had escaped from the rehabilitation facility and stabbed the …
Article • August 15, 2008
Immigrant Fugitives Precluded from Appealing Immigration Judge's Decision by Fugitive Disentitlement Doctrine by Raju Raj Giri and his wife and child legally entered the U.S. in July 2003 and were entitled to remain in the country for 5 months. When their time expired they applied for asylum, but an immigration …
Article • May 15, 2008
Challenge to Catalog Ban Mooted by Grievance Relief; Mail Watch Okay by The plaintiff was found with letters detailing an escape plan and convicted of disciplinary charges. Prison officials instituted a mail watch. This action was fully justified by security concerns. Failure to follow defendants' internal directive did not violate …
Flurry of Escapes Emphasizes Prisoners' Desperation by Matthew Clarke by Matt Clarke Last September produced a bumper crop of prison and jail escapes around the country, including a desperate escape by two Texas prisoners that resulted in the death of a guard, a car jacking and two shootouts. Plus a …
Article • January 15, 2008
Fed Prisoner's Non-Custodial Escape was a Crime of Violence for Sentencing Purposes by Deondery Chambers, a federal prisoner, pled guilty to being a felon in possession of a firearm. The district court judge found that he had three violent priors and sentenced him to 188 months as an armed career …
Article • January 15, 2008 • from PLN January, 2008
Utah Prisoner Kills Guard During Escape While on Medical Transport by David Reutter by David M. Reutter On June 25, 2007, a Utah state prisoner shot and killed a prison guard while escaping from a hospital where he had been taken to receive an MRI. The escape occurred at the …
Audit Reveals Continuing “State of Chaos” at Hawaii Youth Prison by Audit Reveals Continuing "State of Chaos" at Hawaii Youth Prison The Hawaii Youth Correctional Facility (HYCF) is in non-compliance with most of the American Correctional Association (ACA) "Standards for Juvenile Correction Facilities," according to a 2007 security audit. HYCF, …
Article • December 15, 2007 • from PLN December, 2007
Texas GEO Prison Squalor Drives Idaho Prisoner to Suicide by Matthew Clarke by Matt Clarke Seven months after arriving at the Dickens County Correctional Center (DCCC), a private prison in Spur, Texas operated by the GEO Group, Idaho state prisoner Scot Noble Payne, 43, was dead by his own hand. …
Public, Private Prison Escapes in Ohio by Gary Hunter On May 11, 2006, Ohio state prisoner Marrion P. Smith was shot in the head by prison guard Gary Myers during a foiled escape attempt. Smith had been transported from the Mansfield Correctional Institution to the Ohio State University Medical Center, …
Escape From TransCor Van Not a Crime in Montana by On January 11, 2006, a Montana state district court set aside two prisoners, convictions for escape and acquitted them after holding that no evidence had been presented that they were in the custody of a peace officer, a requirement for …
CCA Fined for Florida Jail Escape; County Commission Poised to Impose More Fines by After a series of escapes, prisoner suicides and thefts by employees over the past year, Corrections Corporation of America (CCA) promised it would take action to prevent similar incidents at Florida?s Hernando County Jail (HCJ). The …
Arkansas Ups Work-Release Fees to Pay for Guard-Drivers by On October 27, 2006, the Arkansas Board of Corrections unanimously voted to increase the daily fees charged prisoners participating in the work-release program from $15 to $17. The increase is to be used to pay for guards to drive the prisoners …
Article • July 15, 2007 • from PLN July, 2007
Oklahoma Escapee Who Fled With Warden’s Wife Sentenced to Maximum, Then Dies by Oklahoma Escapee Who Fled With Warden's Wife Sentenced to Maximum, Then Dies When Randolph F. Dial escaped from the Oklahoma State Reformatory in August 1994, he set off a search not only for himself, but also for …
Escape From TransCor Van Not a Crime in Montana by On January 11, 2006, a Montana state district court set aside two prisoners' convictions for escape and acquitted them after holding that no evidence had been presented that they were in the custody of a peace officer, a requirement for …
Article • May 15, 2007
Escaped Prisoner Has Limited Expectation of Privacy by The U.S. Court of Appeals for the Second Circuit ruled that an escaped prisoner is considered to be in constructive custody and therefore has a limited expectation of privacy. Roy, an escaped prisoner, was detained by Rocky Hill., Connecticut police on suspicion …
Article • May 15, 2007
Filed under: Crime/Demographics, Escapes
Escape Statute Encompasses Man's Departure From Courtroom Over Judge's Orders by Escape Statute Encompasses Man's Departure From Courtroom Over Judge's Orders The Court of Appeals of Kansas held that a man who left the courtroom after a judge informed him he was in custody was in violation of the state's …
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