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Fines and Fees: Explained by Jessica Brand by Jessica Brand, In Justice Today In our Explainer series, Fair Punishment Project lawyers help unpackage some of the most complicated issues in the criminal justice system. We break down the problems behind the headlines — like bail, civil asset forfeiture, or the Brady …
Article • December 27, 2017
A Dubious Arrest, a Compromised Prosecutor, a Tainted Plea: How One Murder Case Exposes a Broken System by Megan Rose by Megan Rose, ProPublica.org <script type="text/javascript" src="https://pixel.propublica.org/pixel.js" async="true"></script> The case of Demetrius Smith reads like a preposterous legal thriller: dubious arrests, two lying prostitutes, prosecutorial fouls and a judge who backpedaled …
Indiana Court of Appeals Rules in Favor of Sex Offender Prohibited From Contact With His Own Children by by Christopher Zoukis David Bleeke was convicted in 2005 of residential entry, attempted criminal deviant conduct and sexual battery for entering an adult female's apartment and attempting to digitally penetrate her vagina. …
Article • December 20, 2017
$1.65 Million Settlement in Nebraska Wrongful Arrest Case by Christopher Zoukis by Christopher Zoukis A Cass County, Nebraska man has agreed to settle a federal civil rights case that alleged that he was accused, arrested and jailed for a double murder that he did not commit. Matthew Livers was arrested …
Article • December 20, 2017
$2,000 Settles Texas False Arrest Claim by Christopher Zoukis by Christopher Zoukis A Whitehouse, Texas woman and her minor son have settled a claim of false arrest and false imprisonment for $2,000. Candace Caroline McCarrell was driving with her son, J.M., on June 8, 2012, when she was pulled over …
Article • December 19, 2017
$320,000 Settlement in Wrongful Imprisonment Case by Christopher Zoukis by Christopher Zoukis A federal lawsuit alleging wrongful arrest and imprisonment by the LAPD settled for $320,000 on January 16, 2007. The case involved the murder of 16-year-old Martha Puebla, who was shot and killed outside her Sun Valley, California home. Puebla …
$450,000 Settlement to Whistleblower in Case of Framing by David Reutter by David Reutter The U.S. Court of Appeals for the Sixth Circuit ruled a one-legged woman exonerated of murder can sue a Kentucky State Police (“KSP”) detective whom the woman charged framed her. In connection with her case, a …
Article • December 19, 2017 • from CLN January, 2018
DOJ Ends Unconstitutional Investigative Holds by Louisiana Police by David Reutter by David M. Reutter The U.S. Department of Justice (“DOJ”) determined that two Louisiana police agencies utilized unconstitutional “investigative holds.” The practice was used by the Evangeline Parish Sheriff’s Office (“EPSO”) and the Ville Platte Police Department (“VPPD”) to …
Article • December 19, 2017 • from CLN January, 2018
Filed under: Sentencing
Tennessee Supreme Court Clarifies Split Confinement Sentence Procedures by David Reutter by David Reutter In response to a federal district court’scertified questions of law, the Tennessee Supreme Court held that when imposing split confinement sentences under the Tennessee Sentencing Reform Act of 1989, a trial judge is authorized to fix …
Article • December 19, 2017 • from CLN January, 2018
Sentence Vacated Due to Improper Enhancement Under Sentencing Guidelines by Christopher Zoukis by Christopher Zoukis The United States Court of Appeals for the Second Circuit vacated an improperly enhanced sentence of 46 months for illegal reentry after deportation. In 2009, Roman Bartolo Genao, a national of the Dominican Republic, was …
Article • December 19, 2017 • from CLN January, 2018
U.S. Supreme Court Rejects Habeas Relief Citing AEDPA Deference by Brandon Sample by Brandon Sample, Esq. If you are a state prisoner hoping to find a sympathetic ear for a federal habeas petition, two recent decisions from the U.S. Supreme Court illustrate the challenges one must overcome. Kernan v. Cuero …
Second Chance Reforms 2017 CCRC Limiting Second Chance Reforms in 2017 Roundup of new expungement and restoration laws December 2017 COLLATERAL CONSEQUENCES RESOURCE CENTER The Collateral Consequences Resource Center is a non-profit organization established in 2014 to promote public discussion of the collateral consequences of conviction, the legal restrictions and …
Article • December 14, 2017
Changes to California’s Parole Scheme Not Unconstitutional by The Ninth Circuit Court of Appeals held the most recent voter approved changes to California’s parole laws do not violate the ex post facto clause. In 1988, California voters passed proposition 89, which amended the California constitution to grant the governor the …
Article • December 14, 2017
Texas Court of Appeals Upholds Dismissal of Suit Against Parole Board by Matthew Clarke by Matt Clarke On February 23, 2016, a Texas court of appeals upheld the dismissal of a lawsuit brought against a parole board member and two parole commissioners. John Henry Boykin, a Texas state prisoner, filed …
Article • December 14, 2017
Filed under: Appeals, Parole, Habeas Corpus
California Court of Appeals Vacates Parole Denial for Claiming Innocence by Matthew Clarke by Matt Clarke On September 1, 2015, a California court of appeal vacated the decision of the Board of Parole Hearings to deny parole to a prisoner who had been convicted of first-degree murder and sentenced to …
Article • December 14, 2017
Filed under: Parole
California Court of Appeals Holds Consecutive Sentence Begins When Prisoner Found Suitable for Parole by In a decision handed down on May 14, 2015, a California court of appeals held that a prisoner's consecutive sentence for a felony committed while incarcerated (custodial felony) begins on the date he is found …
Article • December 13, 2017
Sixth Circuit Affirms Summary Judgment Dismissal in Lawsuit Filed by Man Wrongfully Convicted of Arson, Murder by On September 1, 2016, the Sixth Circuit U.S. Court of Appeals affirmed a district court order dismissing most of a lawsuit filed by a man who spent 26 years in prison for an …
Article • December 13, 2017
Filed under: Sentencing
Despite Opposition, California Governor Moves to Reduce Prison Terms by Matthew Clarke by Matt Clarke When California Governor Jerry Brown announced his intention of getting a voter initiative to reduce the length of time nonviolent prisoners would spend in prison onto the ballot, it engendered opposition ... and a sense …
Article • December 12, 2017
Seventh Circuit: Falsely Accused Man, Conviction Expunged, Cannot Sue Anonymously by Christopher Zoukis By Christopher Zoukis The United States Court of Appeals for the Seventh Circuit has ruled that a man who was falsely accused of a crime and later had his record expunged cannot sue for malicious prosecution anonymously. …
Article • December 12, 2017
Eleventh Circuit Grants Habeas Hearing in Judicial Bias Case by Christopher Zoukis By Christopher Zoukis The United States Court of Appeals for the Eleventh Circuit has reversed a district court and ruled that an evidentiary hearing is required when a criminal defendant has sufficiently alleged actual bias on the part …
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