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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 …
Texas Supreme Court Rules Compensation Required in Schlup-type Innocence Cases by Matthew Clarke by Matt Clarke On May 18, 2012, the Supreme Court of Texas held that a former prisoner whose murder conviction was reversed due to ineffective assistance of counsel after he proved that he was likely actually innocent …
Dramatic Increase in Percentage of Criminal Cases Being Plea Bargained by Matthew Clarke by Matt Clarke Over the course of the past few decades there has been a significant increase in the percentage of criminal cases being plea bargained and a corresponding decrease in cases that are taken to trial. …
Louisiana Sex Offender Internet Restrictions Unconstitutional by In a February 16, 2012 opinion, a Louisiana federal court held that restrictions placed on sex offenders’ Internet access were unconstitutional. John and James Doe are pseudonyms for two Louisiana registered sex offenders who filed a federal civil rights action, pursuant to 42 …
Article • January 15, 2013 • from PLN January, 2013
Obama Pardons Two Turkeys, No Prisoners in 2012 by Derek Gilna Barack Obama has served as president since January 2009. From that time until the end of 2012, he has issued just 22 pardons and one commutation of sentence. His first nine pardons, on December 3, 2010, mainly went to …
Article • January 15, 2013 • from PLN January, 2013
Scientific Advances in Arson Investigations Reveal Wrongful Convictions by Michael Rigby by Mike Rigby Current scientific knowledge is shattering the long-held traditional beliefs of arson investigators and exposing wrongful convictions in the process. Still, old-school fire inspectors, detectives and even some judges have been slow to embrace new scientific methods …
North Carolina Governor Pardons Wilmington 10 by In 1971, during a time of racial unrest in Wilmington, North Carolina, shortly after schools were integrated and amid protests and race-based violence, a white-owned business, Mike’s Grocery, was firebombed. Responding firefighters claimed they were targeted by gunfire from unknown shooters at a …
Brief • December 19, 2012
Filed under: Good Time, Overdetention
Scott v. Baldwin, IA, Appellant Brief, Miscalculated Release Date Overdetention, 2012 UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT No: 12-3350 Richard Scott, et al. Appellants v. John Baldwin, in his official capacity as Director of the Iowa Department of Corrections Appellee __________________________________________________________________ Appeal from U.S. District Court for …
Article • December 15, 2012 • from PLN December, 2012
Misconduct at U.S. Army Lab Taints Hundreds of Military Prosecutions by Derek Gilna Pentagon investigators are looking into allegations that an analyst at the U.S. Army Criminal Investigation Laboratory (USACIL) botched hundreds of DNA tests, casting doubt about lab results in hundreds of prosecutions. An accused soldier who was forced …
America Eats its Young: Arizona Communities Embrace Use of Private Prison Employees in Drug Raids at Public Schools by Beau Hodai In Arizona an unsettling trend appears to be underway: the use of private prison employees in law enforcement operations. The state has graced headlines in recent years as the …
Article • December 15, 2012 • from PLN December, 2012
Fifth Circuit Reverses $250,000 Award to Mississippi Prisoner Held too Long by Matthew Clarke by Matt Clarke The Fifth Circuit Court of Appeals held that Christopher B. Epps, the Commissioner of the Mississippi Department of Corrections (MDOC), was entitled to qualified immunity after a prisoner was held beyond the date …
Article • December 15, 2012 • from PLN December, 2012
U.S. Sentencing Commission Calls Federal Mandatory Minimums “Excessively Severe” by Derek Gilna In a 645-page report prepared by the U.S. Sentencing Commission for Congress, released in October 2011, the Commission found that federal “mandatory minimum” sentences are harsh and unjust – especially in cases where there is no physical harm …
Article • December 15, 2012 • from PLN December, 2012
Arkansas Prison Director Suspended by Board of Corrections by Ray Hobbs, director of the Arkansas Department of Correction (ADOC), was suspended without pay for two weeks, starting January 2, 2012, for failing to promptly inform the Board of Corrections about a computer glitch that resulted in hundreds of prisoners being …
Texas Federal Court Issues Preliminary Injunction Prohibiting Sex Offender Parole Conditions; Case Settles for $52,000 by Matthew Clarke by Matt Clarke On October 7, 2011, a U.S. District Court issued a preliminary injunction prohibiting the Texas Board of Pardons and Paroles (Board) from enforcing onerous sex offender conditions that had …
Article • December 15, 2012 • from PLN December, 2012
Fifth Circuit Holds Mailbox Rule Applies to Legal Mail Rejected Under Bogus Prison Rule by The Fifth Circuit Court of Appeals has held that legal mail rejected by prison officials under a purported rule that does not exist is still entitled to the “mailbox rule.” Clifford Medley, a Texas state …
Article • December 15, 2012 • from PLN December, 2012
Missouri County Ordered to Present Civil Detainees Before Court within 27 Hours; $75,000 Damages Settlement by A Missouri federal district court has entered a consent decree in a class-action lawsuit that prohibits county officials from holding people detained for more than 27 hours, excluding weekends and holidays, on a civil …
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