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Article • December 15, 2024 • from PLN December, 2024
Washington Appellate Court: “Some Evidence” Standard for Prison Discipline “Is Not Illusory” by In an unpublished opinion issued on May 2, 2024, the Court of Appeals of Washington ruled that a prisoner found guilty of possessing a weapon was denied due process because the disciplinary finding was not supported even …
Class-­Action Lawsuit Challenges Use of Presumptive Drug Tests by Washington DOC by A suit filed in Washington state court on September 22, 2023, challenges disciplinary sanctions imposed on prisoners by the state Department of Corrections (DOC) based on presumptive drug test results. DOC uses inexpensive colorimetric drug tests to examine …
Article • August 1, 2020 • from PLN August, 2020
Nevada Court Rules Prison Officials Withheld Evidence from Prisoner by David Reutter by David M. Reutter A Nevada federal district court found on February 7, 2020 that prison officials were liable for failing to provide evidence to a prisoner during disciplinary proceedings. The Court’s grant of summary judgment to Nevada …
Melnik v. Dzurenda, et al., NV, order, prisoner due process, disciplinary hearing, 2020 j.io-uv-uuD/u-Miviu-ULB Document 69 Filed 02/07/20 Page 1 of 13 2 3 UNITED STATES DISTRICT COURT 4 DISTRICT OF NEVADA 5 6 JOHN MELNIK, Case No. 3:16-cv-00670-MMD-CLB 7 Plaintiff, ORDER 8 JAMES DZURENDA, etal., 9 Defendants. 10 11 …
Contraband Found in Prisoner’s Rectum Supports Conviction by David Reutter by David Reutter In December 2017, a Pennsylvania Superior Court affirmed a conviction for possession of contraband by a state prisoner. The court rejected the prisoner’s claim that the evidence was insufficient to support the conviction, as testimony presented at …
Article • January 31, 2018 • from PLN February, 2018
Texas State Jail Guard Indicted for Leaking Video of Tear Gassing by On December 8, 2016, Elderick Brass, a former Texas Department of Criminal Justice (TDCJ) lieutenant, was indicted for misuse of official information for leaking a video that showed tear gas being deployed against prisoners at the Pam Lynchner …
Brief • January 22, 2018
USA v. Espinoza, CA, Opinion, Evidence in Drug Conviction Case, 2018 FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff-Appellee, No. 16-50033 v. D.C. No. 3:15-cr-01330-LAB-1 ANGELICA URIAS ESPINOZA, Defendant-Appellant. OPINION Appeal from the United States District Court for the Southern District of …
USA v. Suarez, TX, Opinion, Evidence in Drug Trafficking Case, 2018 Case: 16-41267 Document: 00514306076 Page: 1 Date Filed: 01/12/2018 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 16-41267 United States Court of Appeals Fifth Circuit FILED January 12, 2018 UNITED STATES OF AMERICA, Lyle W. …
Brief • November 16, 2017
Juniper v. Zook, VA, Opinion, Brady Claim, 2017 PUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-7 ANTHONY BERNARD JUNIPER, Petitioner-Appellant, v. DAVID W. ZOOK, Warden, Sussex I State Prison, Respondent-Appellee. Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. John …
Brief • September 6, 2017
State of Utah v. Goins, UT, Opinion, 2017 This opinion is subject to revision before final publication in the Pacific Reporter 2017 UT 61 IN THE SUPREME COURT OF THE STATE OF UTAH STATE OF UTAH, Respondent, v. DESEAN MICHAEL GOINS, Petitioner. No. 20160485 Filed September 6, 2017 On Certiorari …
Article • August 29, 2017 • from PLN September, 2017
Ohio State Criminal Convictions Threatened by Evidence Technician’s Misconduct by Derek Gilna by Derek Gilna Recent court filings make it clear that G. Michele Yezzo, an evidence technician for 33 years with the Ohio Attorney General’s Office’s Bureau of Criminal Investigation (BCI), had a long history of behavioral problems that …
Brief • August 18, 2017
Carter v. State of Michigan, MI, Judgment, Wrongful Imprisonment, 2017 .· STATE OF MICHIGAN IN THE COURT OF CLAIMS EDWARD GEORGE CARTER, Plaintiff, v Case No. 17-90-MZ HON. Michael J. Talbot STA TE OF MICHIGAN, Defendant. GEOFFREY N. FIEGER (P30441) SIMA G. PATEL (P69541) Attorneys for Plaintiff Fieger, Fieger, Kenney …
Article • July 28, 2017 • from PLN August, 2017
Ethics Rule Requiring Post-conviction Disclosure of Exculpatory Evidence Adopted in North Carolina by In the wake of the exoneration of five North Carolina men, the state Supreme Court adopted a new ethics rule in March 2017 that requires any attorney who receives evidence suggesting the innocence of a convicted defendant …
Article • July 28, 2017 • from PLN August, 2017
Filed under: Evidence
Seventh Circuit Reverses Infraction for Failure to Allow Prisoner to Present Evidence by Lonnie Burton by Lonnie Burton On April 19, 2016, a panel of the Seventh Circuit reversed the decision of an Indiana prison hearings officer who had found a state prisoner guilty of possessing heroin. The appellate court …
Article • July 20, 2017
Seventh Circuit Reverses Prisoner's Disciplinary Conviction by Christopher Zoukis by Christopher Zoukis The United States Court of Appeals for the Seventh Circuit has taken the unusual step of reversing a prison disciplinary board's finding that a prisoner was guilty of committing a prohibited act. Timothy W. Austin was a prisoner …
Brief • July 5, 2017
Carter v. State of Michigan, MI, Complaint, Wrongful Imprisonment, 2017 Original • Court 1st copy· Defendant ApOfOVt;!cl, SCAO 2nd copy - Plamliff 3rd copy • Return L STA TE OF MICHIGAN CASE NO. JUDICIAL DISTRICT SUMMONS AND COMPLAINT JUDICIAL CIRCUIT - Mz COUNTY PROBATE r1 ·o o ooGo ·ML. . …
Article • June 9, 2017 • from PLN June, 2017
Filed under: Evidence, Videotaping
Kentucky: Disciplinary Proceeding Reversed for Failure to Review Video Footage by Lonnie Burton by Lonnie Burton On May 20, 2016, a Kentucky Court of Appeals, in a 2-1 decision, held that a prisoner has the right, upon request, to have video surveillance footage reviewed and considered by the hearing officer …
Brief • 2017
Filed under: Evidence
State of Vermont v. Larkin, VT, Opinion, Trial Court Exclusion of Evidence, 2017 NOTICE: This opinion is subject to motions for reargument under V.R.A.P. 40 as well as formal revision before publication in the Vermont Reports. Readers are requested to notify the Reporter of Decisions by email at: JUD.Reporter@vermont.gov or …
Article • May 5, 2017 • from PLN May, 2017
Filed under: Standard of Proof, Evidence
Kansas: Self-Defense Must be Disproved in Prison Disciplinary Proceeding by Lonnie Burton by Lonnie Burton The Kansas Supreme Court held on June 17, 2016 that prison authorities must disprove a claim of self-defense when a prisoner is charged with fighting and asserts he was merely defending himself. The ruling overturned …
Maine DA Sued for Malicious Prosecution by “Absolute immunity” typically allows prosecutors to escape liability in the event of malicious prosecutions. Even when prosecutorial misconduct is exposed, the punishment is usually far less severe than that experienced by the victim of the state’s wrongdoing – such as spending many years …
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