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$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 …
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. …
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