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Restitution Not Owed for Arrest Costs, West Virginia Court Holds
Petitioner Michael John McGill appealed his December 2010 state conviction for escape from home confinement while on bail and the sentencing judge’s order that he pay $8,261.56 in “restitution to the State for costs associated with apprehending him following his unauthorized departure from home confinement.”
According to a decision by ...
According to a decision by ...
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More from this issue:
- Violence, Security Lapses and Media Attention Lead to Reforms at Georgia Prison, by David Reutter
- From the Editor, by Paul Wright
- Prison Phone Justice Campaign: Recent Developments
- Bankruptcy Injunction Covers Pre-petition Incarceration Costs, but Not Those that Accrue Afterwards
- What Are the Odds of Complete Reversal After Conviction in the Second Circuit?, by Peter Schmidt
- The Effects of Private Prison Confinement in Minnesota on Offender Recidivism
- Confronting Prison Slave Labor Camps and Other Myths, by James Kilgore
- Ninth Circuit: 9-Year Detention Pending Civil Commitment Proceeding Warrants Habeas Relief
- Possession of Rape Video Warrants Restitution; Victim Awarded Over $1 Million Thus Far; Supreme Court Grants Cert.
- California: Felons with Prior Juvenile Strikes Excluded from County Jail Placement Under Realignment Act
- PA Prison Lieutenant Fired After Assisting in Criminal Investigation
- PLN Settles Censorship Suit Against Texas County Jail for $175,000
- New Trial Granted in Jail Strip Search Case Following Jury Verdict; $385,000 Settlement, by Matthew Clarke
- California: State Prisoner Cannot Serve Concurrent Sentence in County Jail
- Iowa: Bad Faith or Misconduct can Overcome Mental-Process Privilege in Disciplinary Case
- Prisoner Assaulted in Tennessee Jail Settles Suit for $530,000, by Derek Gilna
- Arrested: What to do When Your Loved One’s in Jail, by Wes Denham, by John Dannenberg
- California: Sexually Violent Predator Entitled to Jury Trial on Petition Seeking Conditional Release
- Qualified Immunity Denied to Prison Psychiatrist who Prescribed Lethal Drug Combination; $450,000 Settlement
- Medical Parole for Texas Prisoners on the Decline, by Matthew Clarke
- Court Employee Fired for Helping Wrongfully Convicted Prisoner Prove His Innocence, by Christopher Zoukis
- NY Prisoner’s Youthful Age Considered in Modifying Prison Disciplinary Sanction
- Islamic Organization Petitions to Let Muslim Women Prisoners Wear Hijabs, by Christopher Zoukis
- Eighth Circuit: No Qualified Immunity for Excessive Use of Force, Retaliation
- Ninth Circuit Reverses Dismissal of Wiccan Prisoners’ Establishment Clause Claim
- West Virginia Sex Offender Does Not Have Right to Attend Specified Church
- Rules Governing Lethal Injections Not Required under Georgia Law
- Deliberate Indifference Medical Claim Accrues Upon Discovery of Injury and its Cause
- Private Corrections Institute Issues First Annual Awards for Activism, Advocacy and Reporting on Private Prisons
- Criminal Background Checks Criticized for Incorrect Data, Racial Discrimination, by Derek Gilna
- Former Kansas Prisoner’s Sexual Misconduct Suit Overcomes Qualified Immunity
- Ninth Circuit Upholds Six-Day Contraband Watch Conditions
- Reflections on the No More Jails Campaign in Champaign County, Illinois, by James Kilgore
- Ninth Circuit Questions Constitutionality of Requiring Jail Prisoners to Wear Pink Underwear, by Matthew Clarke
- Pennsylvania Jail Official Indicted for Groping Co-workers, by Christopher Zoukis
- Solitary Confinement’s Invisible Scars, by Five Oman Mualimm-ak
- Lawsuit, Whistleblower Allege Rape by Guards at New Mexico Prison
- Ninth Circuit: Immigration Detainees Must be Afforded Opportunity to Challenge Continued Detention after Six Months
- Restitution Not Owed for Arrest Costs, West Virginia Court Holds, by Derek Gilna
- Discretionary Immunity Dismissal of Ohio Prisoner’s Negligence Claims Reversed
- Washington: No Public Funds for Deferred Prosecution Treatment Programs
- Short-term Deprivation of Toilet Paper Does Not Violate Detainee’s Rights
- Justice Department Reports: Correctional Populations Declining at Slower Pace, by Derek Gilna
- Jails Market Electronic Cigarettes to Prisoners, by Christopher Zoukis
- Crime Declines while Anti-crime Funding Increases, by Christopher Zoukis
- News in Brief
More from Derek Gilna:
- Federal Judge in Louisiana Issues Sweeping Opinion Finding Numerous Eighth Amendment, ADA and RA Violations at Angola, April 1, 2022
- Human Rights Defense Center Prevails in Censorship Lawsuit Against Napa County Jail, California, Sept. 1, 2021
- California State Auditor’s Report Faults Counties for Waste and Poor Oversight of State Funds Used in “Public Safety Realignment”, Sept. 1, 2021
- The Fight Over Cellphones in Prisons Rages On, Sept. 1, 2021
- District Court Extends Armstrong Order to Five Additional California Prisons, Sept. 1, 2021
- HRDC Settles Censorship Lawsuit with Johnson County, Kansas Jail for $50,000 and Policy Changes, Aug. 1, 2021
- Virginia Prosecutors to Dismiss 400 Drug Convictions Tied to Disgraced Cop, July 15, 2021
- Discredited New York Police Detective’s False Testimony Causes the Dismissal of Close to 100 Drug Convictions, June 15, 2021
- D.C. Department of Forensic Sciences Firearms Examination Unit Under Fire, April 15, 2021
- Mississippi Joins Illinois and Few Other States Prioritizing Vaccination of State Prisoners to Slow Spread of COVID-19, April 1, 2021
More from these topics:
- BOP Eases Money Grab from Federal Prisoners, Feb. 15, 2025. Seizure of Prisoner Funds, Restitution, Commissary, Bureau of Prisons (BOP), Changes by the BOP.
- Two Mississippi Prisoners Escape in One Month, Feb. 15, 2025. Escapes.
- Charges Dismissed Against Connecticut Guards Who Assaulted Prisoner, Feb. 15, 2025. Escapes, Guard Brutality/Beatings, Dismissal, Social Media, Acquitted Conduct/Uncharged Crimes/Dismissed Counts.
- Michigan Supreme Court Greenlights Adding Restitution At Resentencing of Former Juveniles Sentenced to LWOP, Jan. 15, 2025. Life without Parole (LWOP), Restitution, Juvenile Offenses/Offenders.
- Eleventh Circuit Announces Defendant Must Know Leaving Residential Facility Without Permission Is ‘Unlawful’ for Escape Conviction Under 28 U.S.C. § 4082(a), Dec. 15, 2024. Escapes, Release and Reentry, Constructive/Imputed/Presumed knowledge.
- Two Who Escaped from Arkansas Jail Recaptured, July 1, 2024. Escapes.
- Indiana Supreme Court Clarifies Framework for Determining When Courts May Apply Cash Bail to Public-Defender Costs and to Fines, Costs, and Fees, June 15, 2024. Appointment of Counsel, Costs, Restitution, Bail Bonds.
- $700,000 Jury Verdict for Wisconsin Prisoner Denied Due Process in Disciplinary Hearing, June 1, 2024. Work Release, Hearing Officers, False Charges (Disciplinary Hearings), Escapes, Damages.
- U.N. Panel Finds Rampant Racism in U.S. Criminal Justice System, June 1, 2024. Racial Discrimination, Commentary/Reviews, Crime/Demographics, Criminal Prosecution, Statistics/Trends.
- Dramatic Prisoner Escape in France Leaves Two Guards Dead, June 1, 2024. Escapes, Murder by Escapees.