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Article • December 5, 2017 • from PLN December, 2017
Prisoner’s Escape from Understaffed Private Prison Results in Staff Discipline by Christopher Zoukis by Christopher Zoukis Four guards at the Donald W. Wyatt Detention Center in Central Falls, Rhode Island were placed on administrative leave after a prisoner escaped on New Years Eve 2016. James Morales, 35, scaled the backboard ...
Article • September 1, 2017
Filed under: Guilty Pleas
Minnesota Court Refuses to Order Specific Performance in Murder Plea by Lonnie Burton by Lonnie Burton On December 27, 2016, the Court of Appeals of Minnesota denied an appeal filed by a woman who pled guilty to third degree murder, but who claimed the state reneged on the terms of ...
Article • August 30, 2017 • from PLN September, 2017
Exonerated Man Receives $6 Million in Malicious Prosecution Settlement by Christopher Zoukis by Christopher Zoukis Derrick Deacon spent more than 24 years in prison for a murder he did not commit. After having his conviction thrown out by an appeals court and being found not guilty in a subsequent retrial, ...
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 ...
Article • August 7, 2017
$750,000 Settlement for MI Man Wrongfully Jailed for Murder of Girlfriend's Infant Son by Joe Watson by Joe Watson Matthew Ditzhazy, who was acquitted of charges that he murdered his girlfriend’s 19-month-old son, reached a $750,000 settlement agreement in July 2008 with the city of Lincoln Park, Mich., near Detroit, ...
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
California Court Vacates Prison Infraction Charging Prisoner for Refusing Meals by Lonnie Burton by Lonnie Burton The California Court of Appeal, First Appellate District, Division Two, has invalidated a prison infraction that charged a hunger-striking prisoner with “participating in a riot, rout, or unlawful assembly,” as it was unsupported by ...
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 • 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 ...
Brief • 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. . ...
Brief • 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 ...
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, ...
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