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Former Civil Rights Lawyer Krasner Puts Justice Reform into Practice as New Philly DA
Article • April 19, 2018 • from CLN May, 2018
Filed under: Criminal justice system reform, Criminal Prosecution, Prosecutors
Former Civil Rights Lawyer Krasner Puts Justice Reform into Practice as New Philly DA by Derek Gilna by Derek Gilna For decades, politicians have won many elections by promising to be “tough on crime,” which translated into escalating prisoner counts, unbalanced budgets, and societal disintegration of the inner city. In …
USP Lewisburg Special Management Unit Report with BOP Response 2018
Publication • April 6, 2018
Filed under: Sexual Assault, Retaliation, Conditions of Confinement, Totality of Conditions, Restraints, Prisoner Privileges, Mail, Sex Offender Treatment
USP Lewisburg Special Management Unit Report with BOP Response 2018 Source: bop.gov USP Lewisburg Special Management Unit District of Columbia Corrections Information Council April 6, 2018 District of Columbia Corrections Information Council Charles Thornton, Board Chair Phylisa Carter, Board Member Katharine A. Huffman, Board Member Calvin Woodland Jr., Board Member …
Philly Decriminalizes Possession of Small Amounts of Marijuana
Article • March 16, 2018 • from CLN April, 2018
Filed under: War on Drugs
Philly Decriminalizes Possession of Small Amounts of Marijuana by Christopher Zoukis by Christopher Zoukis Since 2014, police in Philadelphia, Pennsylvania have had the option of issuing a $25 fine in lieu of arresting a citizen found in possession of a small amount of marijuana. In 90 percent of all such …
Magistrate Judge: Change Rule of Evidence That Allows Prior Conviction to Impeach Witness
Article • March 16, 2018 • from CLN April, 2018
Filed under: Evidence, Criminal Procedure
Magistrate Judge: Change Rule of Evidence That Allows Prior Conviction to Impeach Witness by Derek Gilna by Derek Gilna Judicial proceedings are governed by strict rules, but none is more burdensome to convicted offenders than having their testimony disregarded because of a prior felony conviction. Federal proceedings are governed by …
Pennsylvania Supreme Court: Police Emergency Lights Next to Parked Car Constitute Seizure
Article • March 16, 2018 • from CLN April, 2018
Filed under: Searches, Fourth Amendment, rights
Pennsylvania Supreme Court: Police Emergency Lights Next to Parked Car Constitute Seizure by Dale Chappell by Dale Chappell When a Pennsylvania state trooper turned on his emergency lights and pulled next to a car parked on the side of the road, it was an “investigative detention” for which he did …
Pennsylvania Supremes: Modified “Vertical” Approach to Collective Knowledge Doctrine
Article • March 16, 2018 • from CLN April, 2018
Filed under: Criminal Prosecution, Criminal Procedure
Pennsylvania Supremes: Modified “Vertical” Approach to Collective Knowledge Doctrine by Richard Resch by Richard Resch In January 2018, the Pennsylvania Supreme Court refined the contours of the collective knowledge doctrine as it exists in the Commonwealth. The doctrine relates to the warrantless seizure of a person by an officer acting as …
$ Millions to Settle Philly Police Misconduct Cases
Article • March 16, 2018 • from CLN April, 2018
Filed under: Police Misconduct
$ Millions to Settle Philly Police Misconduct Cases by Derek Gilna by Derek Gilna Philadelphia is the latest big city in the spotlight after a series of big-money settlements to resolve dozens of police misconduct cases. According to court records, more than 300 lawsuits against narcotics officers with the Philadelphia …
$11,000 Settles Police Racial Profiling Case
Article • March 2, 2018
Filed under: Racial Discrimination, Racial Profiling
$11,000 Settles Police Racial Profiling Case by Christopher Zoukis by Christopher Zoukis The city of Wilkes-Barre, Pennsylvania agreed to pay a university professor $11,000 after she sued the city's police department for racial profiling. The city also promised that all officers will review departmental policy prohibiting racial profiling on a …
Supreme Court Sets Aside Complicated Pennsylvania Death Penalty Case
Article • December 28, 2017
Filed under: Criminal Prosecution, Death Penalty, Criminal Procedure
Supreme Court Sets Aside Complicated Pennsylvania Death Penalty Case by Derek Gilna by Derek Gilna The U.S. Supreme Court on June 9, 2016 overturned the action of relief by the Pennsylvania Supreme Court, that vacated the decision of a post conviction court that found the death penalty conviction  of Terrence …
Pennsylvania Police Motor Vehicle Recordings Not Exempt From Disclosure
Article • December 22, 2017
Filed under: Disclosure of Records
Pennsylvania Police Motor Vehicle Recordings Not Exempt From Disclosure by Matthew Clarke by Matt Clarke On September 14, 2016, a Pennsylvania appellate court held that video and audio recordings made by police vehicles were not automatically exempt from disclosure under the Right-to-Know Law, 65 P.S. §67.101-76.3104 (RTKL) or the Criminal …
$440,000 Settles Police Officer Harassment, Retaliation Claim
Article • December 20, 2017
Filed under: Sexual Assault, Assault by Police, Whistleblowing
$440,000 Settles Police Officer Harassment, Retaliation Claim by Christopher Zoukis by Christopher Zoukis A Bristol Borough, Pennsylvania police officer has accepted $440,000 to settle a claim that he was harassed and retaliated against for reporting a sexual assault committed by his partner. Ritchie Webb had been working for the Bristol …
$385,000 to Victim of Police Sex Abuse in Penn.
Article • December 20, 2017
Filed under: Assault by Police, Harassment by Police
$385,000 to Victim of Police Sex Abuse in Penn. by Christopher Zoukis by Christopher Zoukis A police officer and the city that employed him settled a federal civil rights claim brought by a woman who alleged that the officer sexually abused her. Pursuant to the June 10, 2013 settlement, Bristol …
Third Circuit Questions Bail System While Upholding Dismissal of Lawsuit Alleging Malicious Prosecution
Article • December 13, 2017
Filed under: Malicious Prosecution, Bail Bonds
Third Circuit Questions Bail System While Upholding Dismissal of Lawsuit Alleging Malicious Prosecution by On September 1, 2016, the United States Court of AppeaIs for the Third Circuit affirmed a District Court's order dismissing the lawsuit filed by a man who was jailed for nearly a year on misdemeanor theft …
$151,000 Malicious Prosecution Award Upheld by Pennsylvania Appellate Court
Article • December 7, 2017
Filed under: Malicious Prosecution, False Arrest
$151,000 Malicious Prosecution Award Upheld by Pennsylvania Appellate Court by Christopher Zoukis by Chris Zoukis A three judge panel of the Commonwealth Court of Pennsylvania has upheld a Philadelphia County Court of Common Pleas finding that Detective Linda Blowes was liable for the tort of malicious prosecution to the tune …
Appeals Court Rules in Favor of NAACP Ad
Article • November 30, 2017
Filed under: Prison Reform, Crime/Demographics, Statistics/Trends, Cost of Prison Systems
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 …
Pennsylvania’s Lifetime Employment Ban Unconstitutional
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’s due process clause. The ruling came in …
Pa.. v. Chmiel, hair analysis evidence, opinion, 2017
Brief • November 22, 2017
Filed under: FBI
Pa.. v. Chmiel, hair analysis evidence, opinion, 2017 [J-21-2017] IN THE SUPREME COURT OF PENNSYLVANIA EASTERN DISTRICT SAYLOR, C.J., BAER, TODD, DONOHUE, DOUGHERTY, WECHT, MUNDY, JJ. COMMONWEALTH OF PENNSYLVANIA, Appellee v. DAVID CHMIEL, Appellant : : : : : : : : : : : No. 726 CAP Appeal from …
Pennsylvania Supreme Court Rules State Sex Offender Registration Law Violates Ex Post Facto Clause
Article • November 16, 2017 • from CLN December, 2017
Filed under: Sex Offender Registration, Sex Offenders (Discrimination)
Pennsylvania Supreme Court Rules State Sex Offender Registration Law Violates Ex Post Facto Clause by David Reutter by David Reutter The Pennsylvania Supreme Court held that the registration sections of Pennsylvania’s Sex Offender Registration and Notification Act (“SORNA”) are punitive and thus cannot be applied retroactively. The Court concluded that …
Third Circuit Holds Habeas Petitioner’s Claim Based on Prosecutor Knowingly Using Perjured Testimony Not Subject to Brecht “Actual Prejudice” Standard
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 …
Stokes v. RealPage, PA, Criminal Record Expungement, 2017
Brief • June 30, 2017
Filed under: Disclosure of Records, Public Records
Stokes v. RealPage, PA, Criminal Record Expungement, 2017 Case 2:15-cv-01520-JP Document 51-2 Filed 06/30/17 Page 2 of 96 UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA HELEN STOKES, on behalf of herself and all other similarly situated, Plaintiffs, v. Case No. 2:15-cv-01520-JP REALPAGE, INC., Defendant. JAMES JENKINS, individually …
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