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Publication • December 1, 2017
Filed under: Immigration
Deaths in ICE Custody 2003-2017 List of Deaths in ICE Custody Data from: 10/01/2003 to 06/05/2017 ALIEN NAME SEX DATE OF BIRTH COUNTRY OF BIRTH DATE OF DEATH LOCATION OF DEATH LOCATION OF IHSC LAST DETENTION STAFFED 1 CACERES‐ Maradiaga, Vicente M 10/27/1970 HONDURAS 5/31/2017 Victor Valley Adelanto Community Correctional …
Tenth Circuit: Oklahoma Sex Offender Restrictions Are Not Punitive by Mark Wilson by Mark Wilson The Tenth Circuit held that Oklahoma's sex offender reporting and residency requirements do not amount to punishment. Juston Shaw was convicted of a 1998 Texas sex offense. He moved to Oklahoma ten years later. At …
Article • November 30, 2017
Appeals Court Rules in Favor of NAACP Ad by Mark Wilson by Mark Wilson The United States Court of Appeals for the Third Circuit held that a lower court's ban of a prison reform ad was unconstitutional. The court upheld a lower court's injunction, enjoining Philadelphia from prohibiting non-commercial speech …
Article • November 30, 2017
Connecticut Removal of Spanish-Speaking Juror Not Reversible Without Prejudice by Mark Wilson by Mark Wilson The Connecticut Supreme Court held that the improper exclusion of a prospective Spanish-speaking juror is not reversible unless prejudice is shown. Jeffrey P. Gould was tried on a Connecticut sex crime. While the prosecutor was …
Article • November 30, 2017
Filed under: Criminal Procedure
Whether Indiana Identity Fraud is for "Unlawful Purpose" is Affirmative Defense, Not Element of Offense by Mark Wilson by Mark Wilson The Indiana Court of Appeals held that whether a person falsely uses another person's identity is "for an unlawful purpose" is an affirmative defense rather than an element of …
Article • November 30, 2017
Nevada: Woman Freed After 35 Years Sues for Wrongful Murder Conviction by Lonnie Burton by Lonnie Burton Homophobic police officers in Reno, Nevada framed a mentally ill woman for a murder she did not commit by labeling her a lesbian, withholding evidence and coercing a confession from her, her attorneys …
Article • November 30, 2017
Michigan Court Forced to End “Pay or Stay” Policy by David Reutter by David Reutter A Michigan state district court judge was ordered to end a “pay or stay” policy that he used to toss poor defendants in jail for their inability to pay fines, fees and court costs. The …
Article • November 30, 2017
Reform of Florida’s Criminal Justice Laws Urged by David Reutter by David M. Reutter Florida taxpayers spend around $2.3 billion annually on the state’s Department of Corrections--twice what they spend on Florida’s 28 public colleges combined. At least five other states also led by Republican governors and GOP legislative majorities--Alabama, …
Article • November 30, 2017
Study Indicates Racial Bias Skews Criminality Risk Assessment Tool by David Reutter by David Reutter The use of software to predict future criminality is increasing in popularity. However, a study by ProPublica, an independent, nonprofit news agency that produces investigative journalism, found that prediction programs are racially skewed. Risk assessments …
Article • November 30, 2017
Fifth Circuit Dismisses Interlocutory Appeal of Roadside Body-Cavity Search Suit by Matthew Clarke by Matt Clarke On January 12, 2017, the Fifth Circuit court of appeals dismissed the interlocutory appeal of a deputy sheriff who was a bystander when a Texas Department of Public Safety (DPS) officer conducted a roadside …
Article • November 30, 2017
Filed under: Immigration
Corruption Homeland Security Dep't. Worse Than Porous Border by Matthew Clarke by Matt Clarke According to Department of Homeland Security (DHS) Inspector General John Roth, his office receives 300 to 400 cases alleging corruption against DHS personnel each year. The office investigates about 100 of them and passes the others …
Brief • November 29, 2017
Zee v. McDonnell, CA, Settlement Agreement, Retaliation (Wrongful Termination), 2017 SETTLEMENT AGHEEMl<:NT This Confidential Settlement Agreement and General Release of All Claims r·scttlcmcnt Agreement") is entered into between the following parties (''the Parties"): Plaintiff Tappan Zee ("Pluintifl") and Defendants Los Angeles County Sheriffs Department ("'LASD"). and County of Los Angeles …
Ohio's Adam Walsh Act Registration Not Retroactive by Mark Wilson by Mark Wilson The Ohio Supreme Court held that amendments to the state's sex offender registration law do not apply to defendants who committed their crimes before January 1, 2008. In 1996, the Ohio legislature enacted Megan's Law, establishing a …
Article • November 28, 2017
Fifth Circuit Upholds Denial of Continuance to Retain Counsel Morning of Revocation Hearing by Mark Wilson by Mark Wilson The United States Court of Appeals for the Fifth Circuit held that a lower court did not abuse its discretion in refusing to continue a supervised release revocation hearing to allow …
Article • November 28, 2017
Arkansas Supreme Court: Accident Report Information Not Exempt from FOIA Disclosure by Mark Wilson by Mark Wilson The Arkansas Supreme Court held that the federal Driver's Privacy Protection Act (DPPA) does not prohibit public disclosure of information contained in vehicle accident reports from being released under the Freedom of Information …
Article • November 28, 2017
Pennsylvania’s Lifetime Employment Ban Unconstitutional by David Reutter By David M. Reutter The Commonwealth Court of Pennsylvania held the lifetime ban on employment for persons convicted of enumerated felonies and seeking employ in facilities that care for older adults violates the Pennsylvania constitution&rsquo;s due process clause. The ruling came in …
Article • November 28, 2017
Filed under: War on Drugs, Sentencing, Parole
Missouri’s Release of Pot Dealer Doing LWOP Gives Hope to Nonviolent Drug Offenders Incarcerated Nationwide by Joe Watson By Joe Watson Jeff Mizanskey, a 62-year-old Missouri state prisoner serving life without parole (LWOP) on a nonviolent drug conviction, was released on Sept, 2, 2015, eliciting cautious optimism that thousands like …
Publication • November 28, 2017
Mental Health Consequences Following Release from Long-Term Solitary Confinement in California Mental Health Consequences Following Release from Long-Term Solitary Confinement in California Consultative Report Prepared for the Center for Constitutional Rights Human Rights in Trauma Mental Health Lab, Stanford University Table of Contents Executive Summary 2 Introduction 4 Methodology 4 …
Grado v. Naranjo, NM, Settlement, Sexual Misconduct, 2017
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