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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Washington Appellate Court: “Some Evidence” Standard for Prison Discipline “Is Not Illusory” by In an unpublished opinion issued on May 2, 2024, the Court of Appeals of Washington ruled that a prisoner found guilty of possessing a weapon was denied due process because the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 …
New York Revises 2,772 Prisoner Disciplinary Records After Inspector General Finds Defects in Another Contraband Drug Test by Douglas Ankney by Douglas Ankney A November 2023 report by the New York Office of the Inspector General (OIG) detailed grave defects uncovered by an investigation into the Contraband Drug Testing Program …
Fifth Circuit Reinstates Louisiana Prisoner’s Suit Dismissed on Heck Grounds, Holds Related Disciplinary Convictions Don’t Absolutely Bar Excessive Force Claims by Matthew Clarke by Matt Clarke On November 17, 2021, the same day it explained that a Louisiana prisoner’s civil rights claims are not necessarily barred by related prison disciplinary …
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 …
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 …
U.S. v. Black, KS, Order, Contraband Smuggling, 2017 Case 2:16-cr-20032-JAR Document 253 Filed 05/17/17 Page 1 of 48 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS UNITED STATES OF AMERICA, ) ) Plaintiff, ) ) vs. ) ) LORENZO BLACK, ) KARL CARTER, ) ANTHON AIONO, ) …
6th Circuit: Court Must Accept Facts Found By Michigan Prison Hearing Officer by 6th Circuit: Court Must Accept Facts Found By Michigan Prison Hearing Officer On April 2013, the Sixth Circuit Court of Appeals held that preclusive effect must be given to fact finding that is made by a Michigan …
Third Circuit: Prison Disciplinary Hearing Officer Must Examine Potentially Exculpatory Evidence by The Third Circuit held, twice in the same case, that it is a due process violation for a prison hearing officer not to examine documentary evidence that a prisoner charged with a disciplinary infraction believes will exonerate him, …
8th Circuit Court of Appeals Examines Possession in Prison Searches by The 8th Circuit Court of Appeals affirmed a Missouri federal district court’s dismissal of a petition for writ of habeas corpus that alleged denial of due process. Petitioners Carroll James Flowers and Christopher Michael Danner instituted separate actions against …
California: Prior Conviction for Being a “Felon in Possession of Firearm” Admissible as Evidence in Subsequent Criminal Trials by The California Court of Appeal has held that a prior conviction for being a felon in possession of a firearm is a crime of moral turpitude, and therefore that evidence of …
Witness Testimony Judged Appropriate on Appeal by Following his conviction for custodial assault, Washington prisoner David Sykes filed his appeal arguing the trial court admitted into evidence “improper opinion testimony” and his counsel was ineffective for failing to object to it. Sykes was convicted of the assault for throwing a …
WA Court Denies Petition Challenging Refusal to Review Confidential Information in Disciplinary Hearing by The Washington State Court of Appeals, Division II, has denied a personal restraint petition (PRP) that claimed a prisoner’s due process rights were violated when the Department of Corrections (DOC) refused his requests to review confidential …
Loss of Disciplinary Witness Testimony Okay by The court assumes that 600 days in SHU is a deprivation of liberty but dismissed the plaintiff's due process claim on other grounds. The temporary loss of the taped testimony of a witness--the victim of the alleged assault--who was interviewed in the hospital …
Videotape Confidentiality Claim Requires Specifics of Reasoning for Review by A New Jersey Superior Court, Appellate Division, has held that a generalized confidentiality assertion by the Department of Corrections (DOC) was improper, and the DOC must present sufficient evidence to enable the court to review its confidentiality claim. The ruling …
Findings of Fact by Indiana Disciplinary Panel Not Entitled toPresumption of Correctness for Federal Habeas Purposes by John Dannenberg by John E. Dannenberg Seeking to clarify an "established proposition frequently ... overlooked in litigation arising from Indiana's prison system," the Seventh Circuit U.S. Court of Appeals held that the lower …
Federal Court Clarifies Texas Prisoners' Disciplinary Appeal Rights by by Matthew T. Clarke A federal district court in Austin, Texas, held that: (1) pending administrative remedies toll the 28 U.S.C. §2254(d)(2) one-year limitations period; (2) a prisoner's transfer to another prison is not a valid reason to deny him as …
Suit Over Virginia DOC Drug Testing Practices Dismissed by The plaintiffs alleged that Virginia accepted money under the Violent Offenders Incarceration and Truth-in-Sentencing Incentive Grants program, which require it to implement a program of controlled substance testing for drug use, which must be consistent with the Attorney General's guidelines. The …
Broken Chain of Custody not Basis for Habeas Corpus Relief by The U.S. Seventh Circuit Court of Appeals held that issuing inconsistent conduct reports and breaking the chain of custody of seized contraband cannot be the basis for federal habeas corpus relief. Rodney Wood, a prisoner at Indiana's Wabash Valley …
Denial of Witnesses in Pee-Shy Urine Case Reversed by Denial of Witnesses In Pee-Shy Urine Case Reversed The court of appeals for the Second circuit affirmed in part, reversed and remanded in part, a district court's dismissal of a lawsuit filed by a federal prisoner in New York. The prisoner …
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