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Article • February 15, 2012
$1,800 Settlement in Clerical Error Resulting in Jail Time by California’s County of Sacramento paid $1,800 to settle the claim of Stephen L. Stucker, who was held in jail for two days due to a clerical error. His July 17, 2002 jailing resulted in the denial of his psychiatric medication. …
Article • February 15, 2012
California: $5,000 Settlement in Wrongful Imprisonment by California’s County of Sacramento paid $5,000 to settle the wrongful imprisonment claim of Robert B. Weber, who was arrested on February 1, 2004 on suspicion of driving under the influence. At the jail, a computer error indicated “no bond, 30 day immediate confinement.” …
Article • February 15, 2012
9th Circuit: Appeals Court Lacks Jurisdiction over Non-Final Order For New Parole Hearing by The Ninth Circuit has held that it lacks jurisdiction to hear an appeal of a district court order instructing California's Board of Parole Hearings (Board) to conduct a new parole hearing, where that order, because it …
Article • February 15, 2012
$8,000 Settlement in Washington DOC False Imprisonment Suit by An $8,000 settlement was reached in a false imprisonment claim against the State of Washington. Duane A. Cooper had been sentenced to a 60 month sentence for a class C felony on April 4, 1996. On May 14, 2002, Cooper was …
Article • February 15, 2012
Seventh Circuit: Crawford Not Applicable to Revocation Hearings by On May 2, 2006, the Seventh Circuit held that the Sixth Amendment right to confrontation and cross-examination of witnesses as set forth in Crawford v. Washington, 561 U.S. 36 (2004), does not apply to revocation hearings. Lamond D. Kelley, a federal …
California: Failure to Accommodate Hearing-Impaired Parolee Leads To $100,000 Settlement by In November 2009, Joseph Genova, a hearing-impaired ex-prisoner, signed a Settlement Agreement and Release of All Claims, accepting $10,000 from the State of California, $68,000 from Walden House, Inc., and $22,000 from Behavioral Systems Southwest, Inc. (BSS) in exchange …
Article • February 15, 2012
Award for Freed Prisoner Vacated by Louisiana Appellate Court by On February 20, 2008, the First Circuit Louisiana Court of Appeals vacated and remanded for further proceedings a trial court’s judgment awarding a former prisoner compensation for a wrongful conviction and imprisonment. Calvin Williams was convicted in 1977 of first-degree …
Article • February 15, 2012 • from PLN February, 2012
Israeli Study Shows Parole Decisions May be Affected by Whether Board Members are Hungry by A ten-month study of over 1,100 parole hearings in Israel indicates that the odds of a prisoner being found suitable for parole seem to be affected by the interval between the hearing and the time …
Business is Booming for Prison Profiteers by James Kilgore Private corrections company The GEO Group celebrated the holiday season by opening a new 1,500-bed prison in Milledgeville, Georgia on December 12, 2011. The $80 million facility is expected to generate approximately $28 million in annual revenues. Though GEO (formerly Wackenhut …
Article • February 15, 2012 • from PLN February, 2012
Doctors Propose Changes to Fix Flaws in Compassionate Release Programs by Michael Brodheim by Mike Brodheim In “Balancing Punishment and Compassion for Seriously Ill Prisoners,” published in the July 19, 2011 issue of Annals of Internal Medicine, Doctors Brie A. Williams, Rebecca L. Sudore, Robert Greifinger and R. Sean Morrison …
Article • February 15, 2012 • from PLN February, 2012
Oregon Discontinues Failed Prisoner Deportation Program by Oregon’s expedited deportation program, touted as saving $2.1 million by transferring about 200 illegal immigrant prisoners to federal custody for early deportation, came up $1.9 million short, causing state officials to kill the program. According to the Oregon Department of Corrections (ODOC), 1,289 …
Brief • February 7, 2012
Filed under: Good Time
Owens v. Stalder, LA, Motion for Summary Judgment, Miscalculated Good Time, 2012 Case 1:08-cv-00768-JTT-JDK Document 59-1 Filed 02/07/12 Page 1 of 10 PageID #: 498 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA ALEXANDRIA DIVISION KENNETH OWENS Plaintiff CIVIL ACTION NO. 08-0768 VERSUS JUDGE TRIMBLE RICHARD STALDER Defendant MAGISTRATE JUDGE …
Days Without End: Life Sentences and Penal Reform by Marie Gottschalk Death fades into insignificance when compared with life imprisonment. To spend each night in jail, day after day, year after year, gazing at the bars and longing for freedom, is indeed expiation. —Lewis E. Lawes, warden of Sing Sing …
Problems at North Carolina State Bureau of Investigation Crime Lab by Recent revelations of shoddy blood analysis at the North Carolina State Bureau of Investigation (SBI) crime lab led to an investigation that uncovered at least 190 cases of serious blood work errors in criminal cases. Those cases included three …
Brief • January 6, 2012
Sanders and Phillips v. City of New York, NY, Complaint, false arrest malicious prosecution unlawful detention, 2012 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK - - - - -- - - - - - - - - - - - - - - - - - - - …
Article • December 15, 2011 • from PLN December, 2011
Oregon Rethinking Criminal Justice Policies to Avoid Fiscal Crisis by Oregon is one of ten states in “financial peril,” according to a November 2009 report by The Pew Center on the States. Thanks in large part to the state’s criminal justice policies of the last 20 years, Oregon faces an …
Anatomy of False Confessions, Redux by Earlier this year PLN reported on the phenomenon of suspects who falsely confess to crimes they did not commit. [See: PLN, April 2011, p.18]. As false confessions occur in wrongful conviction cases with disturbing regularity, this article revisits and expounds on this important topic …
Article • December 15, 2011 • from PLN December, 2011
Immigrants Have Special Sixth Amendment Rights But Limited Time to Enforce Them by Holly S. Cooper by Holly S. Cooper & Anel Carrasco In negotiating plea bargains for immigrants, many defense lawyers forget to focus on the primary goal for their clients – staying in the United States. While no …
Article • December 15, 2011 • from PLN December, 2011
Ohio County’s Intensive Probation Program Failing Miserably by Justin Miller A study has found that an intensive probation program in Hamilton County, Ohio is so unsuccessful that its participants are actually more likely to re-offend than those convicted of similar crimes who receive no supervision at all, according to the …
Article • December 15, 2011 • from PLN December, 2011
Texas State Bar, Exonerated Ex-Prisoners File Suit Against Attorney Over Fees by The State Bar of Texas has filed a lawsuit against Lubbock attorney Kevin Glasheen, alleging that he grossly overcharged clients in violation of the Bar’s Disciplinary Rules of Professional Conduct. Glasheen, who represents over a dozen exonerated former …
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