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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 ...
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 ...
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 ...
Article • August 23, 2016
New York Federal Court Holds Victim's Hearsay Accusation Insufficient in Prison Disciplinary Case by Matthew Clarke On April 13, 2012, a New York federal court held that prison officials were liable for convicting a prisoner in a disciplinary action based solely on a victim's hearsay statement and upholding that disciplinary ...
Article • November 18, 2015
Nebraska: Evidence and Due Process Sufficient to Find Prisoner Guilty of Prison Rule Infraction by Nebraska: Evidence and Due Process Sufficient to Find Prisoner Guilty of Prison Rule Infraction The Nebraska Court of Appeals has affirmed a lower court’s holding that prisoner James Saylor received due process and was found ...
$2,225 Awarded for 3 Months Wrongful Segregation by $2,225 Awarded for 3 Months Wrongful Segregation A New York state prisoner who claimed he was wrongfully kept in segregation for 89 days was awarded $2,225 by a New York Court of Claims judge in May 2012. The amount represented $25.00 for ...
Article • January 12, 2015
New York Prisoner Awarded $1,170 for SHU Time Caused by Hearing Violation by New York Prisoner Awarded $1,170 for SHU Time Caused by Hearing Violation A New York Court of Claims awarded $1,170 to a prisoner for 39 days of excessive, unprivileged confinement in a Special Housing Unit (SHU) at ...
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, ...
Wisconsin Supreme Court Upholds Disciplinary Result by David Reutter By: David M. Reutter The Supreme Court of Wisconsin held, on December 14, 2010 that a prison guard’s involvement in the investigation in an incident is not “substantial involvement” that violates the due process right to an impartial decision maker in ...
Failure to Record Disciplinary Hearing, Allow Adverse Witnesses in Alaskan Prison Disciplinary Hearing Violates Due Process by Matthew Clarke by Matt Clarke On September 2, 2011, the Supreme Court of Alaska held that due process was violated when prison officials failed to record a prisoner's disciplinary hearing or allow him ...
California U.S. District Court Holds that Prop. 9 Does Not Supersede Previously-Issued Injunction Regarding Parole Revocation Procedures by John Dannenberg by John E. Dannenberg Senior U.S. District Court Judge Lawrence K. Karlton has upheld a 2004 injunction that conflicts with the parole revocation provisions of California’s so-called Victims’ Bill of ...
Article • February 15, 2012
Seventh Circuit: Crawford Not Applicable to Revocation Hearings by On May 2, 2006, the Seventh Circuit held that the Sixth Amendment right to confrontation and cross-examination of witnesses as set forth in Crawford v. Washington, 561 U.S. 36 (2004), does not apply to revocation hearings. Lamond D. Kelley, a federal ...
Colorado Prison Murder Prosecutions Include Coerced Witnesses, Withholding of Evidence by In January 2011, a Powers County, Colorado jury acquitted a prisoner who was charged in the stabbing death of another prisoner. Prior to trial, prison officials were accused of using coercion to persuade prisoners to testify for the prosecution, ...
Article • November 15, 2011
No Sixth Amendment Right to Confront Witnesses at Parole Revocation Hearings by Brandon Sample By Brandon Sample The Sixth Amendment’s right to confront witnesses does not apply to parole revocation proceedings, the U.S. Court of Appeals for the Tenth Circuit decided November 24th, 2010. The U.S. Parole Commission revoked Bruce ...
Article • September 15, 2011
California: Probation Revocation Based Upon Hearsay Evidence Was Error by by John E. Dannenberg The California Court of Appeal reversed a prisoner's revocation of probation that had rested upon hearsay evidence at his revocation hearing. The court held that where there had been no impediment to having gained actual witness ...
Article • September 15, 2011
Reason For Denying Witnesses Required in Kansas Prison Disciplinary Action by On February 23, 2007, a Kansas court of appeals held that a disciplinary hearing officer must state the reasons for denying the prisoner's witnesses. Marcus B. Washington, a Kansas state prisoner, was infracted by a female guard after he ...
No Qualified Immunity for Inadequate Iowa Disciplinary Notice by The Eighth Circuit Court of Appeals affirmed a lower court’s denial of qualified immunity to prison officials on an Iowa prisoner’s inadequate disciplinary notice claim. Iowa prisoner William Dible was granted work release in April 2003, and placed at a residential ...
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