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Philadelphia Woman Detained 54 Days as Material Witness Settles for $275,000 by The Philadelphia District Attorney's Office paid a witness $255,000 to settle her claims that she was illegally detained for 54 days. Nicole Schneyder was a critical witness against Michael Overby in a 1990 rape and murder. Overby's first …
6th Circuit Upholds SORNA Conviction Despite Incomplete State "Implementation" by Derek Gilna 6th Circuit Upholds SORNA Conviction Despite Incomplete State "Implementation" By Derek Gilna David Wayne Felts' conviction for failure to register under the Sex Offender Registration Notification Act (SORNA) was upheld by the Sixth Circuit Court of Appeals, which …
Article • May 15, 2012
Filed under: Sentencing
Arkansas Supreme Court Orders Sentencing Court to Run Two Sentences Concurrently by By Derek Gilna The Arkansas Supreme Court had granted the appeal of prisoner Joe Louis Kelley, Jr., who had filed a petition for declaratory judgment and a writ of mandamus to compel the sentencing court to correct an …
Article • May 15, 2012
California Court of Appeal Grants Habeas Relief to Lifer Following Initial Board Appearance by In January 2012, in an unpublished opinion, the California Court of Appeal granted habeas relief to a life prisoner who challenged the decision of the Board of Parole Hearings to deny him parole at his initial …
Article • May 15, 2012
Washington Sentence May Not Exceed Statutory Maximum; Court Determines Sentence Length, Not DOC by The Washington state Court of Appeals held that the sentencing court must ensure that the sentence imposed does not exceed the statutory maximum sentence. Randy Linerud pled guilty to failing to register as a sex offender …
Article • May 15, 2012
Rhode Island Wrongful Conviction Nets Detective over $600,000 by A former Rhode Island detective who was wrongfully convicted and served more than six years in prison for a murder he did not commit, was paid $600,000 to settle two lawsuits. Jeffrey Scott Hornoff was a Warwick, Rhode Island detective who …
Brief • May 12, 2012
Filed under: Good Time
Owens v. Stalder, LA, Judgment, Miscalculated Good Time, 2012 Case 1:08-cv-00768-JTT-JDK Document 71 Filed 05/15/12 Page 1 of 2 PageID #: 719 Case 1:08-cv-00768-JTT-JDK Document 71 Filed 05/15/12 Page 2 of 2 PageID #: 720
Article • May 1, 2012
Arizona Governor Cleans House, Restocks Clemency Board with Cronies and Hardliners by Arizona Governor Jan Brewer doesn't like making public decisions on the commutation of prison sentences. Or maybe she simply doesn't like justifying them. In April 2012, Brewer—the Republican who boisterously defended the since-disproven legality of SB1070, and later …
Pennsylvania Parole Board May Not Condition Parole of Sex Offender on Admission of Guilt Due to Ex Post Facto Violation by The Third Circuit Court of Appeals has held that in denying parole to convicted sex offender Louis Mickens-Thomas for his refusal to participate in a sex offender program that …
Oklahoma City Not Liable for Wrongful Conviction Resulting from Falsified Forensic Evidence by Matthew Clarke by Matt Clarke The Tenth Circuit Court of Appeals has held that Oklahoma City can not be held liable for the actions of disgraced forensic chemist Joyce A. Gilchrist, who was employed in the city’s …
Article • April 15, 2012 • from PLN April, 2012
Rehabilitation Finding Eliminates 30-Year Minimum Sentence for Aggravated Murder, but Oregon Parole Board Balks by Mark Wilson In Oregon, a rehabilitation finding under ORS 163.105(3) eliminates the 30-year mandatory minimum sentence for state prisoners convicted of aggravated murder and requires the Board of Parole (Board) to immediately set a parole …
Article • April 15, 2012 • from PLN April, 2012
Illinois Governor Signs Bill Banning Death Penalty, Commutes All Death Sentences by Matthew Clarke by Matt Clarke On March 9, 2011, Illinois Governor Pat Quinn signed legislation banning the death penalty for state crimes in Illinois. He also commuted the sentences of the state’s 15 death row prisoners to life …
Article • April 15, 2012 • from PLN April, 2012
Texas Harasses, Denies Compensation to Wrongly Convicted by Matthew Clarke by Matt Clarke Texas has a generous compensation package for prisoners who are exonerated, which includes $80,000 per year of wrongful incarceration, an annuity with annual payments in the same amount, free college tuition and free medical care. [See: PLN, …
Victoria v. NYPD DETF et al, NY, 2nd Am Complaint, false arrest overdetention, 2012 Case 1:11-cv-00937-LAK Document 13 Filed 04/13/12 Page 1 of 13 Case 1:11-cv-00937-LAK Document 13 Filed 04/13/12 Page 2 of 13 Case 1:11-cv-00937-LAK Document 13 Filed 04/13/12 Page 3 of 13 Case 1:11-cv-00937-LAK Document 13 Filed 04/13/12 …
Tenth Circuit Affirms Sentence in Excess of Federal Advisory Guidelines for Sex Offender Who Violated Terms of Supervised Release by In an unpublished opinion, the Tenth Circuit affirmed the district court's imposition of an 18-month prison term for a Utah man, Brian Olinger, who pled guilty to three violations of …
Article • March 15, 2012 • from PLN March, 2012
Medical Parole Law Costs California Taxpayers Millions of Dollars by Responding to concerns that prisoners who are granted compassionate release due to terminal medical conditions may “cheat” the system by outliving a doctor’s prognosis, the California legislature enacted a medical parole law in 2010 that allows prisoners to be re-incarcerated …
Offenders Cannot Sue Over Violations of Interstate Probation Transfer Compact by The Interstate Compact for Adult Offender Supervision (“the Compact”) does not create a private right of action, the U.S. Court of Appeals for the Second Circuit held on April 11, 2011. Plaintiff M.F. and his domestic partner sued New …
31,000 Criminal Cases Under Review After Detroit Crime Lab Closes by After the police crime lab in Detroit, Michigan was found to have provided faulty firearm ballistics evidence in criminal cases, the lab was closed in 2008. A subsequent review of around 31,000 firearm-related prosecutions was deemed “admittedly impossible work,” …
Article • March 15, 2012 • from PLN March, 2012
Electronic Monitoring: Some Causes for Concern by James Kilgore Electronic monitoring (EM) looms high on the list of alternatives to incarceration for corrections officials seeking solutions to overcrowded prisons and budget deficits. First used in 1983, today some 200,000 people in the United States wear some sort of electronic monitor, …
Jury Awards $13,000 in Tennessee CCA False Imprisonment Suit by A Tennessee federal court awarded $13,000 to Samuel Key for civil rights violations resulting from his false imprisonment. The case began in 1987, when Key was convicted and sentenced to prison in Georgia. During that time, a phony escape charge …
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