Washington Prisoner’s Wife Prevails on PRA Claim for Investigative Report Redactions
by Mark Wilson
On September 16, 2014, the Washington Court of Appeals held that information redacted from a prison investigative report should have been disclosed to a prisoner’s wife under the state’s Public Records Act (PRA). The appellate court ...
Oregon: No Presumed Prejudice for Violation of Attorney-Client Communication
by Mark Wilson
On August 20, 2014, the Oregon Court of Appeals upheld a lower court’s refusal to dismiss criminal charges against a defendant because a detective had read his legal mail.
Michael James Russum, 33, was charged with four sex ...
Ninth Circuit: BOP Improperly Denied RDAP Sentence Reduction; Remedy may be Reduced Supervised Release Term
by Mark Wilson
The Ninth Circuit Court of Appeals held on October 27, 2014 that the federal Bureau of Prisons (BOP) had improperly denied a prisoner early release eligibility, and remanded the case for a ...
Denial of Time Served Credit Violates Vermont Law
by Mark Wilson
On August 29, 2014, the Vermont Supreme Court held that an amended sentencing order denying time served credit violated state law.
In June 2013, Roger Perry pleaded no contest to two burglary charges in exchange for a total prison ...
Oregon Mental Patient’s Death Nets $1.4 Million
by Mark Wilson
The family of a man who died in his bed, just feet from a nurse’s station at the Oregon State Hospital (OSH), but whose body was not discovered for hours, accepted $1.4 million to settle a lawsuit filed against hospital ...
Oregon Parole Board Orders Must Explain Decisions, but Orders Defined to Include Administrative Review Responses
by Mark Wilson
On September 18, 2014, the en banc Oregon Supreme Court held that a 1999 law change does not exempt the state parole board from having to issue “final orders” explaining its decisions. ...
Ninth Circuit Upholds $106,000 in Damages Plus Attorney Fees for Withheld Evidence
by Mark Wilson
The Ninth Circuit Court of Appeals has upheld a $106,000 damage award and over $348,300 in attorney fees and costs for an innocent man’s 27-month pretrial confinement after two police detectives knowingly concealed compelling evidence ...
California Probation Cannot Exceed Maximum for Unpaid Restitution
by Mark Wilson
The California Court of Appeal, Sixth Appellate District, held on September 17, 2014 that trial courts lack authority to hold probationers in “suspended animation” beyond their maximum sentence to ensure full payment of victim restitution.
In California, restitution can ...
Third Circuit: Lack of Training for Jail Guards Bars Summary Judgment; $150,000 Settlement
by Mark Wilson
On April 11, 2014, the Third Circuit Court of Appeals held that a jail’s failure to train guards in conflict de-escalation and intervention techniques precluded summary judgment on a failure-to-train claim. The case subsequently ...
Nebraska Supreme Court Upholds One-Hour Law Library Access
by Mark Wilson
On June 13, 2014, the Nebraska Supreme Court held that a prisoner did not state a cognizable access to court claim because he failed to show actual injury resulting from a one-hour daily law library limitation.
Prisoners at Nebraska’s ...
