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Prisoner Education Guide

Articles by Mark Wilson

Oregon Supreme Court Clarifies PCR ‘Church Motion’ Practice

by Mark Wilson

The Supreme Court of Oregon clarified, and dramatically restricted, the so-called “Church motion” practice in post-conviction relief (“PCR”) cases. 

PCR is the exclusive collateral remedy for Oregon prisoners to challenge their convictions and sentences. Indigent PCR petitioners are entitled to the appointment of counsel.  ...

California Police Privacy Laws Have Been Violating Brady for Years

by Mark Wilson

An arresting officer’s fabrication or planting of evidence or other misconduct lies at the very heart of the definition of exculpatory evidence that must be disclosed to criminal defendants under the Sixth Amendment since the 1963 landmark decision in Brady v. Maryland, 373 U.S. 83 ...

Third Circuit: Summons Is Not an Arrest for USSG Criminal History Calculation

by Mark Wilson

The U.S. Court of Appeals for the Third Circuit held that the issuance of a summons to appear on a traffic stop is not an arrest for purposes of calculating criminal history under the United States Sentencing Guidelines (“USSG”). 

John Francis Ley pleaded guilty to ...

Montana Supreme Court: Retrial Following Mistrial Declared Without 
‘Manifest Necessity’ Violates Prohibition on Double Jeopardy

by Mark Wilson

The Supreme Court of Montana held that a municipal court violated state and federal double jeopardy prohibitions when it declared a mistrial and ordered a new trial.

James Joseph Huertas was charged in Billings Municipal Court with Partner or Family Member Assault (“PFMA”). The victim was identified ...

Oregon Supreme Court: ‘Grooming’ Evidence Requires Scientific Validity Foundation

by Mark Wilson

The Supreme Court of Oregon held that expert testimony about “grooming” children for subsequent sexual abuse is “scientific” evidence that may not be admitted without a foundational showing of scientific validity under Or. Evid. Code 702.

Robert Lewis Henley’s 11-year-old stepdaughter, identified as M, accused him of ...

Oregon Enhanced Drug Penalty ‘For Consideration’ Element Requires Proof of Drug Sale or Agreement to Sell

by Mark Wilson

The Supreme Court of Oregon held that the “for consideration” element of a “commercial drug offense” requires proof of a completed drug sale or an existing agreement to sell drugs. The Court rejected the State’s argument that “for consideration” may be proved by evidence of drug possession ...

First Circuit Reverses Summary Judgment on Guard’s Disparate Treatment Claim

by Mark Wilson

The United States Court of Appeals for the First Circuit held that a lower court improperly granted Puerto Rican prison officials’ summary judgment on a female guard’s gender discrimination claim.

Vilmarie Caraballo-Caraballo was hired as a guard by the Corrections Department of the Commonwealth of Puerto Rico ...

Witness Misidentification: Ohio Man’s 14 Convictions Vacated

by Mark Wilson

An Ohio man who was convicted of a violent home invasion robbery on the basis of faulty eyewitness identifications was exonerated just minutes before being sentenced to a lengthy prison term.

On February 5, 2017, a man armed with a handgun confronted a 32-year-old woman in the ...

New Jersey Customs Agents Indicted for "Rape Table"

by Mark Wilson

"Once the lights go out, they grab you like a gang, and they forcibly throw you on the table and one officer ended up mounting me and pretty much riding me like a horse," said Customs and Border Protection (CBP) officer Vito Degironimo. "I'm grabbed by ...

Florida Sheriff: Sex Offenders, People with Warrants Not Welcome at Hurricane Shelters

"If you go to a shelter for #Irma and you have a warrant, we'll gladly escort you to the safe and secure shelter called the Polk County jail," warned Florida's Polk County Sheriff's Department Twitter Account as Category 5 Hurricane Irma made landfall on September 6, 2017 ...




 

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