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Fourth Circuit Orders Sealing of North Carolina Court’s Order to “Protect Defendant from Harm”
by David M. Reutter
On June 17, 2020, the Fourth Circuit Court of Appeals ordered the sealing of a North Carolina federal district court’s order. That order denied a Defendant’s motion for resentencing because that order referred to “Defendant’s substantial assistance,” and there exists a compelling interest under the First ...
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More from this issue:
- Milestone: Thirty Years of Prison Legal News and the Human Rights Defense Center, by Paul Wright
- Fifth Circuit Reinstates Lawsuit Over Texas Jail Prisoner’s Death, by Matthew Clarke
- From the Editor, by Paul Wright
- Denied Medical Care During Pandemic, New Jersey Prisoner Treats Infected Wound With Bleach, by Dale Chappell
- Ninth Circuit: No Summary Judgment for Prison Officials Who Allegedly Allowed Attack on Nevada Prisoner, by David Reutter
- Lives at Stake as Pennsylvania County De-privatizes Prison, by David Reutter
- Coronavirus: A Second Wave of Infection, by Michael D. Cohen, MD
- Eleventh Circuit Vacates COVID-19 Injunction Against Miami Jail, by David Reutter
- Former Sheriff Joe Arpaio Loses Another Arizona Republican Primary, by Matthew Clarke
- Nebraska Declares Overcrowding Emergency in State Prisons, by Kevin Bliss
- Fourth Circuit: Opening of Detainee’s Legal Mail Outside His Presence Violates Right to Free Speech, by David Reutter
- Federal Judge Rules Prisoners Eligible for $1,200 Stimulus Checks; Application Deadline Extended to Nov. 21 for Online Filing, by Derek Gilna
- California Prison Guards Keep Jobs After Aiding Attacks on Sex Offenders, by Jayson Hawkins
- Texas: Prison Air Conditioning Needs Revisiting, by Edward Lyon
- Efforts to Keep COVID-19 Out of Montana Prisons Fuels Outbreaks in County Jails, by Alex Sakariassen
- Denial of Recruitment of Counsel for Wisconsin Prisoner Affirmed by Seventh Circuit, by David Reutter
- DOJ Finds Frequent Use of Excessive Force in Alabama Prisons, by David Reutter
- Two-Thirds of Nevada Prisoners Confined in Arizona Private Prison Test Positive for COVID-19, by Mark Wilson
- Third Circuit: District Court Erred in Ruling Against Pennsylvania Prisoner’s Civil Rights Complaint, by David Reutter
- Washington Prisoner’s State Public Records Act Lawsuit Results in His Freedom and $111,194 Award, by Matthew Clarke
- New Jersey Guard Acquitted in Sex Scandal, by David Reutter
- North Carolina Temporarily Closes Three Prisons for Lack of Guards; Final One Reopens During COVID-19 Pandemic, by Edward Lyon
- $225,000 Windfall in Lehigh County, Pa. But Officials Don’t Cut Jail Phone Costs, by David Reutter
- Second Circuit Reverses Summary Dismissal of Connecticut Prisoner’s Failure-to-Protect Lawsuit, by Matthew Clarke
- Private Prison Industry Ramped Up Campaign Contributions, Favoring Republicans, by Derek Gilna
- Pennsylvania Prisoner Loses Part of Leg, Wins Appeal in Precedential Grievance Process Case, by David Reutter
- Florida Spent $1.7 Million, and Counting, to Impede Felon Voting Rights, by David Reutter
- Investment Firm Buys Corizon, by Matthew Clarke
- $1.25 Million Settlement Against Tennessee County Over Sheriff’s Violations of Labor Law, by Douglas Ankney
- Violence at New York City’s Rikers Island Jail Increasing Even as Population Falls, by Edward Lyon
- Ankle Monitor Shortage at Chicago Jail Put Prisoner Releases During COVID in Limbo, by David Reutter
- Failed Michigan Jail Site to Host Innovation Center, by David Reutter
- Report: Screening Failures Cited in COVID-19 Outbreak in California Prisons, by Kevin Bliss
- Second Circuit: Denial of Exercise Over Four Months Defeats Summary Judgment, by David Reutter
- Rikers Island Death Case Against City of New York Settles for $5.5 Million, by Derek Gilna
- Families of 4 Alabama Prisoners Who Committed Suicide File Federal Lawsuit Against Prison Officials, by Matthew Clarke
- ICE Detainees Pepper-Sprayed Over Hunger Strike, by Daniel A. Rosen
- Connecticut: Summary Judgment Denied in Deliberate Indifference Case Where Facial Lesion Turned Out To Be Skin Cancer, by Chad Marks
- Eleventh Circuit: Florida’s Treatment Plan for Hepatitis C-Positive Prisoners Constitutional, by David Reutter
- Sixth Circuit Reverses and Allows Ohio Prisoner’s Civil Rights Lawsuit to Proceed, by David Reutter
- Mental Health Crisis in California’s Lock-Ups Worsens With COVID-19, by Edward Lyon
- Fourth Circuit Orders Sealing of North Carolina Court’s Order to “Protect Defendant from Harm”, by David Reutter
- Native Americans Protest Theft of Alcatraz Island, by Edward Lyon
- Temporary Halt of Federal Prison Labor at National Parks, but New Policy Proposed To Resume It, by Jayson Hawkins
- $70,000 Settlement in Private Firm’s Failure to Treat Arizona Prisoner’s Broken Wrist, by David Reutter
- Guard Violates Eighth Amendment by Brandishing Knife and Threatening Prisoner’s Life, by David Reutter
- Seventh Circuit Dismisses Summary Judgment for Defendants in Illinois Prisoner’s Lawsuit Over Beating, Choking, by David Reutter
- HRDC Files Civil Rights Lawsuit Against Colorado Sheriff for Censorship of Prisoner Publications, by Derek Gilna
- Captain Accused of Abusing Mentally Ill Prisoners Cleared in Internal Investigation, by Kevin Bliss
- New York City BOP Prisoner Dies After Being Pepper-Sprayed, by Kevin Bliss
- Former Pennsylvania Prison All Solitary with Silence Mandatory, by Edward Lyon
- Alabama Executes Non-Shooter in Police Killings, by David Reutter
- Former Angola Warden Burl Cain Appointed Head of Mississippi Prison System, by Matthew Clarke
- News in Brief
- Massachusetts Jail Phone Cost Reductions Under Attack, by Edward Lyon
More from David Reutter:
- California Court of Appeal: Petitioner Has Constitutional Right to Be Present at Evidentiary Hearing Under Felony Murder Resentencing Law, May 15, 2024
- Criminal Justice Reform Becoming a Corporate Priority, May 15, 2024
- Seventh Circuit Grants Qualified Immunity to Illinois Jail Guards Who Relied on Nurse’s Opinion that Detainee Was “Faking” Symptoms Before He Died, April 26, 2024
- Eighth Circuit: Arkansas Detainee Suffering Fatal Seizure Might Have Been Faking or Might Have Gotten Better, April 26, 2024
- Suit Proceeds Against CoreCivic by Guard Strip-Searched at Georgia Prison, April 26, 2024
- $1.4 Million Verdict for Florida Jail Guard Injured in Transport Van Crash, April 26, 2024
- Florida Supreme Court Bans ‘Vexatious’ Prisoner From Filing Further Pro Se Petitions, April 26, 2024
- $155 Million Settlement for 10,000 California Prison Guard Supervisors in Wage Lawsuit, April 26, 2024
- Unable to Post Bail, Detainee Starves to Death in Arkansas Jail, April 26, 2024
- Eleventh Circuit: “More than Gross Negligence” Required to Prove Deliberate Indifference, April 26, 2024
More from these topics:
- Fourth Circuit: Maryland’s First-Degree Assault Statute Is Indivisible so Conviction Is Not an ACCA Predicate for Sentencing Enhancement Purposes, May 15, 2024. U.S. Sentencing Guidelines, Career Offenders, Recidivist Enhancements.
- Seventh Circuit Announces Safety Valve Relief Under § 3553(f) Is Narrower Than Guidelines Firearms Enhancement Under § 2D1.1(b)(1), District Court Erred by Conflating Them, May 15, 2024. U.S. Sentencing Guidelines, Possession or Use of Firearms, Vicarious Liability, Safety Valve.
- New Data From BOP Reveals Technical Violations Account for Nearly a Third of First Step Act Recidivism, May 15, 2024. Crime, Statistics/Trends, First Step Act, Probation, Parole & Supervised Release, Revocation Proceedings.
- Eighth Circuit Announces ‘Categorical Approach’ Applies to SORNA Tier Analysis, April 15, 2024. Sex Offender Registration, U.S. Sentencing Guidelines, Sex Offender Registration and Notification Act, Military.
- Time Served Under the First Step Act: Reduction, Not Revolution, April 15, 2024. Statistics/Trends, First Step Act.
- Federal Prisoners Released Under First Step Act Show 37% Reduction in Recidivism, April 1, 2024. Crime, Statistics/Trends, Rehabilitation/Recidivism, First Step Act.
- Preliminary Analysis of Recidivism Data After Three Years Under First Step Act Is Promising but Inconclusive, March 15, 2024. First Step Act.
- U.S. Sentencing Commission Greenlights Retroactive Sentence Reductions, March 1, 2024. U.S. Sentencing Guidelines, Guideline Amendment/Variances and Retroactivity.
- Ninth Circuit Announces District Courts Must Either Orally Pronounce All Discretionary ‘Standard’ Conditions of Supervised Release in the Presence of Defendant or Provide Conditions in Writing Prior to Sentencing, Feb. 15, 2024. U.S. Sentencing Guidelines, Applicable Guidelines Issues, Sentencing Hearing, Right to be Present, Conditions of, Remands/Rehearings/Resentencings.
- Fifth Circuit Announces Revocation Judgments for Violation of Supervised Release Vacated Because Underlying Sentence Vacated, Feb. 15, 2024. U.S. Sentencing Guidelines, Resentencing, Revocation/Modification of Probation, etc., Revocation Proceedings.