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New York Jailhouse Lawyer Wins Resentencing, Release
Loaded on Oct. 15, 2023
by Benjamin Tschirhart
published in Prison Legal News
October, 2023, page 40
by Benjamin Tschirhart
At 28 years old, drug addicted and semi-homeless, Kelly Harnett was nobody’s idea of a model citizen. So when implicated along with boyfriend Thomas Donovan in a July 2010 murder in a public park in Queens, New York, she knew it was bad. But she didn’t expect ...
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More from this issue:
- Breaking the Cycle of Understaffing, Lockdowns and Increased Violence in Prisons, by David Reutter
- From the Editor, by Paul Wright
- Wexford Faces Liability for Indiana Prisoner’s Delayed Specialist Referral, by David Reutter
- After Ninth Circuit Refuses to Compel Arbitration, National Class Certified in HRDC’s Challenge to Jail and Prison Debit Card Fees, by Mark Wilson
- Convicted Sex Offender Now a Licensed Attorney in Washington State
- Unable to Post Bail, Detainee Starves to Death in Arkansas Jail, by David Reutter
- $110,000 Paid By Tennessee Jail to Women Allegedly Forced to Stage “Sex Shows” for Guard
- $1 Million Settlement for California Prisoners Used to Bait Guard Charged with Sexual Misconduct
- $30,000 Paid by Pennsylvania to Prisoner Who Alleged Guards Beat and Tortured Him, by Douglas Ankney
- Seventh Circuit Revives Illinois Prisoner’s Claim Over Knee Surgery Delayed 29 Months, by Mark Wilson
- Louisiana Prison Guard Helps Pregnant Prisoner and Learns That No Good Deed Goes Unpunished
- Number Held in U.S. Prisons and Jails Dipped in Pandemic’s Second Year, by Douglas Ankney
- $1.25 Million Settlement for California Jail Prisoner’s Loss of Limbs, by David Reutter
- 46 Honduran Prisoners Massacred in Their Cells
- Fourth Circuit Reinstates North Carolina Prisoner’s Suit, Finding Grievance Procedure Availability an Open Question, by Mark Wilson
- COVID-19 Increased Racial Disparities in Prisons and Jails
- Court Orders Preliminary Injunctive Relief for Transgender Massachusetts Prisoners, by Douglas Ankney
- Guantanamo Bay Detainees Subjected to Forced Rectal Feeding and Hydration, by Eike Blohm, MD
- Wrongly Imprisoned for Killing Oregon Prison Director, Frank Gable Finally Fully Freed
- Naphcare’s Lack of Care Leads to $26.75 Million Verdict for Washington Jail Death
- $2,060,000 Awarded to Former New York Prisoner Left Quadriplegic After Assault by Guards, by Douglas Ankney
- Ex-felons on Parole and Probation Now Allowed to Vote in Minnesota
- How Corporations Turned Prison Tablets Into a Predatory Scheme, by Derick McCarthy, Ruqaiyah Zarook, Tommaso Bardelli
- The Almost Unknown Turkey Bowl and Black Sheep, by Douglas Ankney
- Report Finds Prison a Factor in Falling U.S. Life Expectancy
- Third Prisoner Dies in 2023 at California’s New Folsom Prison
- Virginia Prisoner Wins Habeas Release on Ineffective Assistance of Counsel Claim, by Douglas Ankney
- Settlement Reached Over COVID-19 Measures, Home Confinement Releases at FCC Lompoc
- New York Jailhouse Lawyer Wins Resentencing, Release, by Benjamin Tschirhart
- CoreCivic Fails to Defeat California’s Anti-SLAPP Law at Ninth Circuit, Must Pay $45,630 in Attorney Fees
- Colorado One of Four States Making Phone Calls Free for Prisoners
- Sixth Circuit Revives Blind Tennessee Prisoner’s Suit Against DOC and CoreCivic
- $1.85 Million Approved for Tampa Man Wrongfully Imprisoned for 37 Years
- Suit Against Pennsylvania Jail and Controversial Trainer Down to Just Two Plaintiffs
- Almost $1.1 Million Awarded to One-Legged Pretrial Detainee Forced to Hop to California Jail Cell, by David Reutter
- Florida Solitary Confinement Lawsuit Dismissed, by David Reutter
- Former BOP Guard Gets Light Sentence for COVID-19 Fraud, by Douglas Ankney
- Academics Find Prisoners Denied Access to Public Information, by Matthew Clarke
- Citing Improvements at Mississippi State Prison at Parchman, Rappers Drop Suit, by Douglas Ankney
- Settlement Includes $78,000 in Damages Against Minnesota DOC for ADA Violations
- 400 Prisoners Relocated After Fire at Texas State Penitentiary
- Texas Death Row Prisoners Challenge Blanket Policy of Automatic Solitary Confinement, by Douglas Ankney
- Colorado Lawmakers Shut Down Sheriff’s Participation in ICE 287(g) Program
- Prisoner Health Update: Hemorrhoids, by Eike Blohm, MD
- JPay Denied Motion to Compel Arbitration in Suit Over Debit Release Cards
- Despite Prior Settlement Agreement, Sick Michigan Prisoners Still Forced to Wait for Medication in Cold and Rain, by Douglas Ankney
- Nearly 5,000 Sexual Victimizations Counted in Three Years in U.S. Prisons and Jails, by Douglas Ankney
- $3.25 Million Settlement Reached With Defendants Jailed in Missouri “Debtor’s Prison” for Unpaid Fines, Fees, by Matthew Clarke
- $2.125 Million Paid So Far for Virginia Prisoner’s Death from Treatable Aneurism, by Matthew Clarke
- San Francisco Jail First in Nation to Provide Detainees Tablets With Totally Free Content
- Utah Prisoner Blows Whistle on Abuse of Federal Grants, Leading to $1.55 Million Settlement – And New Law Restricting Prisoner Records Requests
- News in Brief
More from Benjamin Tschirhart:
- Fourth Circuit: South Carolina Prisoner’s Bivens Claim Must Detail Unconstitutional Acts of Each Defendant, April 26, 2024
- Louisiana Sheriffs Repeatedly and Conveniently Destroy Public Records, Dec. 15, 2023
- St. Louis City Jails Director Under Fire, County Jail Director Leaves After Nearly $2.7 Million in Legal Payouts, Nov. 15, 2023
- Condemned Arizona Prisoner Reprieved, Nov. 15, 2023
- Sheep and Sheepdogs: Use and Abuse of Non-Lethal Crowd Control Weapons, Nov. 1, 2023
- New York Jailhouse Lawyer Wins Resentencing, Release, Oct. 15, 2023
- Closed Circuit Cameras: Not the Objective Lenses We’re Told, Oct. 1, 2023
- Former Illinois Guards Sentenced for Prisoner’s Fatal Beating, Aug. 15, 2023
- Police Departments Conspire with Boards to Secretly Install License Plate Cameras Without Consent of Residents, Aug. 1, 2023
- New York City Stops Reporting Rikers Island Deaths Amid Rampant Guard Misconduct, July 15, 2023
More from these topics:
- California Court of Appeal Announces Defendants May Obtain Brady Evidence From Police Officers’ Personnel Files in Advance of § 1172.6 Hearing Requesting Vacatur of Conviction and Resentencing for Certain Types of Murder Convictions, Feb. 15, 2025. Disclosure of Records, Police, Brady Violations, Murder/Felony Murder, Resentencing, Prior Conviction/Sentence/Incarceration, Evidence - Admissibility.
- Massachusetts Supreme Court Vacates Threat-Based Conviction on First Amendment Grounds Because Jury Instructions Failed to Include Mens Rea Element Mandated by Counterman for ‘True-Threat’ Conviction, Feb. 15, 2025. Jury Instructions, Resentencing, Threats, Negligence/Reckless Endangerment.
- First Step Act Linked to Modest Reductions in Time Served by Federal Prisoners, Feb. 1, 2025. First Step Act, Resentencing, Credits.
- California Court of Appeal Announces Youthful Defendants Sentenced to Terms ‘Functionally Equivalent’ to LWOP Entitled to Resentencing Under § 1170(d), Feb. 1, 2025. Life without Parole (LWOP), Resentencing, Juvenile Offenses/Offenders.
- Oregon Supreme Court: Governor Can’t Revoke Commutation After Sentence Expires, Jan. 15, 2025. Parole/Probation Searches, U.S. Sentencing Guidelines, Resentencing, Revocation Proceedings, Overreaching.
- Former Tacoma Reentry Center Severs Washington DOC Contract, Jan. 15, 2025. Release and Reentry, housing.
- Biden Commutes Sentences of Most Federal Prisoners on Death Row, Jan. 15, 2025. Alternative Sentencing, Death Penalty/Death Row, Resentencing.
- 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.
- Ninth Circuit Reverses Federal Prisoner’s Conviction for Assaulting Guards at California Prison, Dec. 15, 2024. Excessive Force, Failure to Protect (Staff), Resentencing.
- California Supreme Court Announces Uncharged and Unproven Offense-Specific Enhancements May Not Be Imposed Under § 1172.6(e) Resentencing, Dec. 1, 2024. U.S. Sentencing Guidelines, Resentencing, Sentence Enhancements/Departures.