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Article • October 15, 2009 • from PLN October, 2009
BOP Warden Does Not Have Authority to Reduce Prisoner’s Sentence Under Rule 35(b) by Brandon Sample A federal Bureau of Prisons (BOP) warden does not have authority to reward a prisoner’s cooperation with prison officials with a reduced sentence under Fed.R.Crim.P. Rule 35(b), the First Circuit held on May 23, …
Pennsylvania Jail Mired in Scandal ... Again by by David M. Reutter With the suspension of two top officials at the Monroe County Correctional Facility (MCCF) in Snydersville, Pennsylvania, efforts to turn the jail around have hit yet another stumbling block. The February 27, 2009 suspensions – and later resignations …
$500,000 Settlement for Fatal Beating of Phoenix Jail Prisoner by Matthew Clarke by Matt Clarke On June 3, 2009, the Maricopa County (Arizona) Board of Supervisors voted 4-0 to settle for $500,000 a lawsuit brought by survivors of a man beat to death in the Fourth Avenue Jail of the …
Second Circuit Reinstates New York Jail Guard’s Excessive Force Conviction by Matthew Clarke by Matt Clarke The Second Circuit Court of Appeals reinstated the federal conviction of a New York jail guard for intentionally using excessive force on a prisoner in violation of 18 U.S.C. § 242. Zoran Teodorovic, a …
Article • October 15, 2009 • from PLN October, 2009
Small Amounts of Marijuana Not “Dangerous Contraband” Under New York Law, Court Rules by The possession or introduction of small amounts of marijuana into a New York state prison is not punishable as a felony, the New York Court of Appeals held. Robert Finley, a New York state prisoner, was …
Article • October 15, 2009
North Carolina: Positive Urinalysis Alone Doesn’t Sustain Marijuana Possession Charge by In a case of first impression, the North Carolina Supreme Court held on June 28, 2007, that a positive urinalysis alone was insufficient to uphold a probationer’s conviction for possession of marijuana. On August 21, 2004, defendant Darian Jaquan …
Former Prisoner Convicted of Impersonating Criminal Defense Attorney by On April 15, 2009, a federal jury convicted a former prisoner who impersonated a lawyer on charges of mail fraud and making false statements, and the U.S. District Court subsequently imposed a 51-month prison sentence. Howard O. Kieffer, 54, served time …
Fifth Circuit Upholds $14 Million Award Against Louisiana DA’s Office in Wrongful Conviction Suit; Affirmed by En Banc Ruling by Matthew Clarke by Matt Clarke On December 19, 2008, the Fifth Circuit Court of Appeals upheld a federal jury award of $14 million in a case involving the wrongful conviction …
Article • September 15, 2009 • from PLN September, 2009
Third Circuit Upholds Pennsylvania DOC Policy Requiring Control Number for Legal Mail by David Reutter by David M. Reutter Finding that no legitimate penological interest existed to support a Pennsylvania Department of Corrections (PDOC) policy that requires a PDOC-issued control number on correspondence for it to qualify as legal mail, …
Article • September 15, 2009 • from PLN September, 2009
Contraband Smuggling by Texas Prison Guards Rarely Punished Harshly by Matthew Clarke by Matt Clarke A review conducted by a Houston newspaper concluded that a large quantity and variety of contraband is still being smuggled into Texas prisons by state prison guards, and those caught smuggling rarely receive harsh punishment. …
Oklahoma Prisoner Beaten to Death After Celled with Co-Defendant He Testified Against by On March 11, 2009, at approximately 9:15 p.m., Paul David Duran, Jr., 23, a prisoner at the Oklahoma State Penitentiary (OSP) in McAlester, was found beaten to death fifteen minutes after being locked in a cell with …
Former Oklahoma Sheriff Convicted of Sex Crimes Now Where to Put Him? by by Gary Hunter Oklahoma officials are trying to decide the best way to incarcerate ex-sheriff Mike Burgess, 56, now that he is a convicted sex offender. On January 9, 2009 the former Custer County lawman was convicted …
Article • September 15, 2009 • from PLN September, 2009
FBI And States Expand Collection Of DNA To The Innocent by Brandon Sample DNA collection is expanding to individuals arrested or detained as state and federal law enforcement officials seek to solve more crimes. The Federal Bureau of Investigation (FBI) joined 15 states in April 2009 that collect DNA from …
Violence on the Rise in Arizona Prisons by David Reutter by David M. Reutter The level of violence in Arizona prisons is increasing – at least that is the conclusion to be drawn from recent reports. In 2008 alone there were four homicides in the state’s prison system, and with …
Shouldn’t Innocence Matter? by David C Fathi By David Fathi On August 17, the US Supreme Court ordered a lower federal court in Georgia to conduct a hearing in the case of Troy Anthony Davis. Davis has been on Georgia’s death row for 18 years, sentenced to death for the …
Article • September 15, 2009
Conviction Mandatory to Civilly Commit Under Sexually Violent Predator Act by The Supreme Court of California has held that in order to continue Sexually Violent Predator (SVP) proceedings against someone whose conviction has been reversed, the state must once again convict that person. In 1982, as well as 1988, David …
Article • September 15, 2009
Ninth Circuit Clarifies Standard for Forcibly Medicating Incompetent Defendant by United States prisoner Jose Hernandez Vasquez (defendant) appealed his court ordered forced medication to render him competent to stand trial. The order was vacated and remanded to institute parameters for government physicians' administration of medication and for a dangerousness inquiry. …
$7,500 Settlement for Seattle Police Officer Withholding Exculpatory Information by Washington State’s King County paid $7,540.64 to settle the claim of Richard D. Sweat, who was arrested for attempted robbery. During the investigation, Deputy Kirk Rains of the King County Sheriff’s Office was advised that the alleged crime was committed …
Article • September 15, 2009
Probation Revocation Documents not Testimonial Under Sixth Amendment by Following his December, 2006 conviction for capital murder, which resulted in a death sentence, Juan Ramon Meza Segundo filed a direct appeal listing 19 points of error, each of which were rejected on October 29, 2008, affirming his conviction and sentence. …
Oregon Prosecutes Teen to Avoid Liability; Bizarre 2 1/2 Year Legal Battle Ends by Mark Wilson Oregon Prosecutes Teen to Avoid Liability; Bizarre 2 ½ Year Legal Battle Ends by Mark Wilson Seventeen year old David Simmons and his fourteen year old girlfriend began a sexual relationship which continued after …
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