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Article • December 12, 2017
Filed under: Sentencing
Fifth Circuit Vacates Child Pornography Sentence by Christopher Zoukis By Christopher Zoukis        The United States Court of Appeals for the Fifth Circuit has vacated and remanded the sentence of a convicted child pornographer. Jason Daniel Scott pleaded guilty to one count of possessing child pornography and was sentenced …
Article • December 12, 2017
Filed under: Bail, Bail Bonds
Efforts to End “Scourge of Money Bail” Meeting with Success by David Reutter By David M. Reutter The initiative by Equal Justice Under Law to end the incarceration pending trial of persons too poor to post bail is reaping positive outcomes.  Each day, there are about 500,00 human beings who …
Article • December 11, 2017
Man Wrongly Imprisoned on Death Row for 28 Years May Sue Ohio by Dale Johnston was convicted of murdering his stepdaughter and her boyfriend and sentenced to death. The decision of a three-judge panel in 1984 was based in part on testimony from a hypnotized witness. He always denied having …
Article • December 11, 2017
Congress Exempts from Taxation Awards to Wrongfully Convicted by Derek Gilna by Derek Gilna Congress has passed the wrongful Conviction Tax Act of 2015 with votes from both sides of the aisle, exempting the damage awarded granted the wrongfully convicted from federal tax liability.   According to the Innocence Project, a …
Article • December 7, 2017
Filed under: Parole, Parole Conditions
Qualified Immunity for Parole Commissioner Accused of Biased Decision Making by David Reutter by David Reutter District of Columbia Court of Appeals held the former chairman of the United States Parole Commission was entitled to qualified immunity in a prisoner's lawsuit alleging that his denials of parole were infected by …
Article • December 7, 2017
$67,500 Settlement in Case of Mistaken Identity in Minnesota by Lonnie Burton by Lonnie Burton On July 19, 2016, the city of Hopkins, Minnesota, finalized a settlement agreement in which it agreed to pay a man who was falsely arrested and charged with a sex offense a total of $67,500. …
Article • December 7, 2017
$82,500 Damages to Detained American, Federal Judge Blasts ICE by Christopher Zoukis By Christopher Zoukis In a scathing opinion, Judge Jack B. Weinstein, Senior Judge of the United States District Court for the Eastern District of New York, awarded a wrongfully detained American citizen $82,500 in damages for false arrest …
Article • December 1, 2017
$100,000 Settlement in Atlanta False Arrest and Imprisonment by Christopher Zoukis By Christopher Zoukis A Georgia woman who claimed that she was wrongfully arrested and jailed settled her claims against the City of Atlanta for $100,000 in August 2013. Teresa Culpepper, 48, called 911 on August 21, 2011 to report …
Article • December 1, 2017
$6.375 Million to Exonerated Former Prisoner by Christopher Zoukis By Christopher Zoukis A man who was wrongfully convicted of rape and attempted armed robbery agreed in August 2013 to accept $6.375 million to settle his claim that he was wrongfully convicted and imprisoned for over a decade. Larry Gillard was …
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 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 17, 2017
Demographic Differences in Sentencing, an Update Demographic Differences in Sentencing: An Update to the 2012 Booker Report UNITED STATES SENTENCING COMMISSION United States Sentencing Commission One Columbus Circle, N.E. Washington, DC 20002 www.ussc.gov William H. Pryor, Jr. Acting Chair Rachel E. Barkow Commissioner Charles R. Breyer Commissioner Danny C. Reeves …
Publication • November 17, 2017
A Place to Call Home A Place to Call Home A Vision for Safe, Supportive and Affordable Housing for People with Justice System Involvement © 2017 Prisoner Reentry Institute John Jay College of Criminal Justice City University of New York 524 West 59th Street, Suite 609BMW New York, NY 10019 …
Article • November 16, 2017 • from CLN December, 2017
Missouri Supreme Court Holds Probation Revocation for Nonpayment of Court Costs Unconstitutional by Mark Wilson by Mark Wilson The Missouri Supreme Court sitting en banc ruled that a sentencing court improperly revoked a defendant’s probation for failing to pay court costs without first inquiring into the reasons for his failure …
Article • November 16, 2017
Seventh Circuit Vacates Death Sentence Because Stun Belt Worn by Defendant Contaminated Penalty Phase by Mark Wilson by Mark Wilson The United States Court of Appeals for the Seventh Circuit vacated a death sentence, finding that requiring the defendant to wear a stun belt at trial contaminated the penalty phase. …
Article • November 16, 2017 • from CLN December, 2017
Filed under: Sentencing
Oregon Supreme Court Rules No Vindictiveness in Resentencing Where Longer Term for Specific Conviction but Overall Multi-Conviction Sentence Shorter by Mark Wilson by Mark Wilson The en banc Oregon Supreme Court ruled that the “presumption of vindictiveness” is not triggered by an increased sentence on a single count when the …
Article • November 16, 2017 • from CLN December, 2017
Seventh Circuit: Violent Cop’s Below-Guideline Sentence Not Justified, Again by Mark Wilson by Mark Wilson The United States Court of Appeals for the Seventh Circuit held for a second time that a lower court improperly failed to explain its rationale for sentencing a violent police officer significantly below the applicable …
Article • November 16, 2017 • from CLN December, 2017
D.C. Court of Appeals Rules Warrantless Use of Stingray Device Constitutes Unlawful Search and Reverses Defendant’s Convictions by Richard Resch by Richard Resch In September 21, 2017, the District of Columbia Court of Appeals, the highest court in D.C., ruled that the warrantless use of a cell-site simulator (the generic …
Article • November 16, 2017 • from CLN December, 2017
Filed under: Parole, Parole Conditions
Ninth Circuit Concludes Mandatory Supervision Akin to Parole for Fourth Amendment Analysis by Mark Wilson by Mark Wilson In 2014, Steven Cervantes pleaded guilty to California counterfeiting and drug felonies. He was sentenced to three years in jail. The sentencing court then divided the sentence into two years of imprisonment …
Article • November 16, 2017 • from CLN December, 2017
Filed under: Habeas Corpus
Third Circuit Holds Habeas Petitioner’s Claim Based on Prosecutor Knowingly Using Perjured Testimony Not Subject to Brecht “Actual Prejudice” Standard by Richard Resch by Richard Resch The U.S. Court of Appeals for the Third Circuit held that when the prosecution knowingly presents or fails to correct perjured testimony, the defendant …
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