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Brief • June 20, 2017
Dilworth v. McMahon, NC, Settlement, Pretrial Solitary Confinement, 2017 SETTLEMENT AGREEMENT AND RELEASE KNOW ALL MEN BY THESE PRESENTS that I, the undersigned, MICHAEL DILWORTH (hereinafter referred to as "Releasor"), for and in consideration of the sum of THIRTY FIVE THOUSAND DOLLARS N0/100 DOLLARS ($35,000.00) in cash, which is paid ...
Publication • June 15, 2017
Tennessee Assistant District Attorney - Letter to Parole Board, 2016 OFFICE OF THE DISTRICT ATTORNEY GENERAL GLENN R. FUNK District Attorney General September 26, 2016 David Liner Executive Director, Tennessee Board of Parole 404 James Robertson Parkway, Suite 1300 Nashville, TN 37243 Subject: Robert Earl Polk, DOB 2/16/1983 Dear Director ...
Article • June 14, 2017
Hearing Required Before Assessment of Appointed Attorney Fees in Texas by On July 20, 2016, a Texas court of appeals held that, before fees incurred by a court-appointed attorney are assessed against an indigent criminal defendant, the court must hold a hearing and determine that the defendant is capable of ...
Article • June 9, 2017 • from PLN June, 2017
Three State Supreme Courts Rule on Post-release Issues for Sex Offenders by Matthew Clarke by Matt Clarke In six separate opinions, the Supreme Courts of Kansas, Ohio and Colorado ruled on issues related to sex offender registration and probation requirements. In a trio of decisions handed down on April 22, ...
Article • June 9, 2017 • from PLN June, 2017
Probation Revocation for Refusal to Participate in Polygraph Tests Upheld by Christopher Zoukis by Christopher Zoukis On May 16, 2016, the Colorado Supreme Court reversed a lower court’s ruling which found a convicted sex offender did not violate the terms of his probation by refusing to participate in court-ordered treatment ...
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 ...
Greene v. City of New York, NY, Order, False Arrest Wrongful Conviction, 2015 Case 1:08-cv-00243-AMD-CLP Document 228-1 Filed 03/27/15 Page 1 of 2 PageID #: 2976 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK -----------------------------------------------------------------X CY GREENE, 08 Civ. 243(RJD)(CLP) Plaintiff, -againstORDER CITY OF NEW YORK, et al., Defendants ...
Greene v. City of New York, NY, Writ of Habeus Corpus, False Arrest Wrongful Conviction, 2015 Case 1:08-cv-00243-AMD-CLP Document 228-2 Filed 03/27/15 Page 1 of 2 PageID #: 2978 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK -----------------------------------------------------------------X CY GREENE, 08 Civ. 243(RJD)(CLP) Plaintiff, -againstCITY OF NEW YORK, et ...
Herrera v. City of Brea, CA, Plff's Memo Opp Order SJ, Malicious Prosecution, 2015 Case 8:12-cv-01650-SS Document 109 Filed 02/17/15 Page 1 of 31 Page ID #:1996 1 John Burton, State Bar No. 86029 jb@johnburtonlaw.com 2 THE LAW OFFICES OF JOHN BURTON 4 East Holly Street, Suite 201 3 Pasadena, ...
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 ...
Article • May 5, 2017 • from PLN May, 2017
Petition Challenging Disciplinary Hearing Not Mooted After Prison Rescinds Sanction by Lonnie Burton by Lonnie Burton On April 22, 2016, the Kansas Court of Appeals reversed a ruling by the Leavenworth County District Court dismissing a habeas petition filed by a prisoner challenging the findings and sanctions imposed at a ...
Publication • April 10, 2017
Filed under: Notice of Rules
CDCR - Division 3 Rules and Regulations, 2008 Hay'-.-' B 1^* <5.y , ' State of California '•r — California Code of Regutations a Title 15, !-• V Crime Prevention and Corrections f ' W^w 'w»ftfc,.Kv S8^@y^>»<A !--v: ..-r* ; - • . • J'.'V /.'k y vL^mQBSH •>' m ...
Article • April 1, 2017 • from PLN April, 2017
New York: Contraband Convictions Vacated After Guard Admits Planting Weapon by On January 17, 2017, Cayuga County Court Judge Mark H. Fandrich set aside the convictions of two New York state prisoners serving additional time on contraband charges. Naythen Aubain and Donnesia Brown had both been sentenced to two to ...
Article • March 10, 2017 • from PLN March, 2017
New Jersey Appellate Court Modifies Use of Polygraphs for Paroled Sex Offenders by On January 21, 2016, a New Jersey appellate court upheld the State Parole Board&rsquo;s requirement that sex offenders take polygraph examinations but modified how the results could be used, prohibiting evidentiary use that could result in the ...
$13 Million Ohio Wrongful Conviction Verdict Upheld by Sixth Circuit by On December 2, 2014, the Sixth Circuit U.S. Court of Appeals affirmed a district court jury verdict which awarded $13 million to a man who spent 12 years in prison for a murder conviction later overturned for malicious prosecution ...
$7,500 Settlement in Pennsylvania Prisoner’s “Nuisance Suit” by In January 2016, Pennsylvania&rsquo;s Northumberland County agreed to pay $7,500 to settle a former prisoner&rsquo;s lawsuit alleging he was denied access to the courts, visitation, recreation and receipt of incoming publications. While at the Northumberland County Prison, Charles Picarella, Jr., who is ...
Maine DA Sued for Malicious Prosecution by &ldquo;Absolute immunity&rdquo; 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&rsquo;s wrongdoing &ndash; such as spending many years ...
Kentucky Prisoners Entitled to Review of Audio Recordings at Disciplinary Hearing by A Kentucky Court of Appeals held on February 26, 2016 that prisoners have a due process right to request the review of audio recordings at a prison disciplinary hearing. Proceeding pro se, Kentucky state prisoner Sammy F. Mobley, ...
A Story of Racial Bias, the Absence of Mercy, and a Death in Prison by By&nbsp;Equal Justice Initiative Forty-five years after Phillip Chance traveled from his home in Detroit, Michigan to visit family in rural Choctaw, Alabama, he died in an Alabama prison. During that visit in 1971, 15-year-old Phillip ...
Texas: “San Antonio Four” Exonerated after Two Decades by In 1997, Elizabeth Ramirez, Kristie Mayhugh, Cassandra Rivera and Anna Vasquez were convicted of sexually assaulting two young girls. The women came to be known as the &ldquo;San Antonio Four.&rdquo; With help from the Innocence Project of Texas, all four were ...
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