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Georgia’s Supreme Court Rules on Private Probation Services by The Georgia Supreme Court held on March 25, 2016 that common law allows for tolling of privately-supervised misdemeanor probation sentences, and that such common law was not abrogated when lawmakers passed the State-Wide Probation Act. The case was before the state ...
Audit of the DEA’s Management and Oversight of its Confidential Source Program, OAG, 2016 Office of the Inspector General U.S. Department of Justice Audit of the Drug Enforcement Administration’s Management and Oversight of its Confidential Source Program Audit Division 16-33 September 2016 AUDIT OF THE DRUG ENFORCEMENT ADMINISTRATION’S MANAGEMENT AND ...
Violation of New York Disciplinary Witness Regulation Merits Rehearing by On October 27, 2015, the New York Court of Appeals held a prisoner’s challenge to a disciplinary hearing determination required remand for determination of whether the facts warranted a rehearing or expungement. While at Attica Correctional Facility, prisoner George Texeira ...
Tennessee District Attorney Ends Sterilization in Plea Bargains; Prosecutor Fired by David Reutter The District Attorney for Davidson County, Tennessee has banned the practice of seeking sterilization as part of plea bargains in criminal cases. The policy was implemented after an assistant prosecutor refused to discuss a plea unless a ...
Corizon, CCA Settle Lawsuit Over Solitary Confinement of Elderly Woman by Matthew Clarke Corizon Health and for-profit prison firm Corrections Corporation of America (CCA) have settled a lawsuit over the solitary confinement of a then-70-year-old prisoner following an alleged false positive drug test caused by Zantac, a heartburn medication. Carol ...
Phoenix Fire Investigators and Insurance Company Implicated in Wrongful Prosecutions by Joe Watson Following a decision by Arizona prosecutors not to criminally charge a pair of Phoenix Fire Department (PFD) investigators who allegedly lied under oath and trained a dog to implicate innocent people, victims have pursued justice through civil ...
Ninth Circuit Adopts Test to Excuse Exhaustion of Administration Remedies for Retaliatory Threats by The Ninth Circuit Court of Appeals joined other circuits in holding that a prisoner’s fear of retaliation may be sufficient to render the grievance procedure unavailable. The Court adopted a test that requires both a subjective ...
Widespread Failures at Crime Labs Continue to Plague Criminal Justice System by Derek Gilna Crime labs nationwide continue to face seemingly intractable problems – particularly in terms of unreliable forensic evidence testing and being influenced by law enforcement and prosecutorial bias. Despite efforts at reform, and efforts to implement technological ...
Guards Liable in Maryland Prisoner’s Murder on Transport Bus by The Maryland Court of Appeals held a trial court erred in striking a jury’s finding that a guard was liable for gross negligence in the murder of a prisoner on a transport.  The court further held gross negligence disentitles a ...
Article • November 14, 2016
New York Prisoner's Disciplinary Guilty Verdict Upheld by Christopher Zoukis On Sept. 22, 2016 the Appellate Division of the Supreme Court of New York upheld the conviction of state prisoner Jason Gano for violating prison rules. Gano allegedly set off a metal detector in the prison, prompting a pat-down search ...
New York Prisoner's Misbehavior Conviction Upheld by Christopher Zoukis On Sept. 20, 2016 the Appellate Division of the Supreme Court of New York upheld the conviction of state prisoner Aaron Isaiah Young for violating prison rules. Young allegedly refused prison guard orders, and assaulted staff. During the altercation, multiple guards ...
A Primer on Prisoners’ Constitutional Rights by Alex Friedmann Prison Legal News (PLN) regularly reports on prison and jail-related court decisions involving violations of prisoners’ constitutional rights. Those who are new to the arena of civil rights litigation and unfamiliar with prisoners’ few remaining rights may need a basic introduction ...
Article • November 8, 2016 • from PLN November, 2016
Pennsylvania: Former Cop Indefinitely Jailed for Failure to Supply Passwords by In March 2015, former Philadelphia police sergeant Francis Rawls, 37, was identified as a suspect in a child porno­graphy ring. As part of the investigation, Delaware County authorities confiscated several electronic devices from Rawls’ home and requested that he ...
Inquisitorial Telephonic Hearing to Screen Civil Rights Case Deemed Unlawful by In reversing an Illinois federal district court’s dismissal of a civilly committed sex offender’s civil rights action, the Seventh Circuit Court of Appeals did not mince words when condemning the lower court’s use of a merit review proceeding as ...
ACLU Sues California as Incompetent Defendants Wait in Jail for Mental Health Treatment by Joe Watson The ACLU filed a lawsuit last year on behalf of defendants declared incompetent to stand trial who languish in county jails across California while they await transfers to state mental health facilities. When the ...
Indiana Federal Court Certifies Habeas Corpus Class of Prisoners Disciplined for Refusing to Admit Guilt in Sex Offender Program by Matthew Clarke On September 30, 2015, a U.S. district court certified a class of Indiana state prisoners who refused to admit their guilt as part of the Indiana Sex Offender ...
Wayward Prosecutors Go Unpunished as Prison Time for Victims Piles Up by by Brooke Williams & Shawn Musgrave Massachusetts prosecutors have violated defendants’ rights to a fair trial regularly and without punishment, even as wrongfully convicted victims of tainted prosecutions have spent years in prison before being freed, decades of ...
Wisconsin Jail Policies Unconstitutional But Not Enjoined by Mark Wilson A Wisconsin federal court held that a jail's disciplinary, mail, and publication rules were unconstitutional. The court declined to enjoin those practices, however, essentially rendering its holding a mere advisory opinion. On September 29, 1970 pretrial detainees of the Milwaukee ...
Warrantless Jail Cell Manuscript Seizure Vacates Oregon Rape Convictions by Mark Wilson The Oregon Court of Appeals reversed an Oregon man's rape convictions, finding that prosecutors improperly seized a handwritten manuscript from his jail cell without a warrant. Kenneth Everett Moore was arrested on six counts of rape when his ...
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