Deferred Sentence Completion Automatically Restores Civil Rights in New Mexico
by Mark Wilson
n May 1, 2014, the New Mexico Supreme Court held that satisfaction of the conditions of a deferred sentence fully restores a defendant’s civil rights by operation of law, without the need for a gubernatorial pardon.
In ...
Oregon Courts Must Give Notice before Amending Judgment
by Mark Wilson
On August 6, 2014, the Oregon Court of Appeals reversed a lower court’s second amended judgment that reinstated a former prisoner’s lifetime term of post-prison supervision (PPS). The lower court lacked authority to amend the judgment, because the parties ...
Lawsuit Over Suicide of Oregon Prisoner Settles for $100,000
by Mark Wilson
The mother of an autistic Oregon prisoner who committed suicide shortly before his scheduled release accepted $100,000 to settle her suit against state prison officials.
As previously reported in Prison Legal News, Richard Gifford, 22, suffered from ...
Third Circuit: No Supervisory Qualified Immunity for Prisoner Suicide
by Mark Wilson
On September 5, 2014, the Third Circuit Court of Appeals affirmed the denial of qualified immunity to supervisory prison officials for inadequate third-party medical care resulting in a prisoner’s suicide.
The Delaware Department of Corrections (DOC) operates the ...
Unauthorized Oregon “Offense Surcharges” Reversed
by Mark Wilson
On June 11, 2014, the Oregon Court of Appeals vacated $140 in “offense surcharges” imposed on crimes committed prior to the date the surcharges were authorized.
An Oregon law (Ore. Laws 2009, ch 659, § 2(3)) allows a sentencing court to impose ...
Oregon: State Must Prove Defendant’s Ability to Pay Attorney Fees
by Mark Wilson
On July 23, 2014, the Oregon Court of Appeals vacated $36,000 in court-appointed attorney and indigent contribution fees, as there was no evidence the defendant had the ability to pay them.
Oregon law authorizes trial courts to ...
Unexhausted Oregon Parole Claims Not Cognizable
by Mark Wilson
On March 19, 2014, the Oregon Court of Appeals held that a pro se prisoner’s parole decision claims were not cognizable on appeal because he failed to raise those issues in his administrative review request.
The Oregon Board of Parole and ...
Third Circuit Denies Intervention in CRIPA Class-Action Suit
by Mark Wilson
On April 11, 2014, the Third Circuit Court of Appeals rejected a prisoner’s motion to intervene in a 28-year-old class-action case on the eve of settlement.
In 1986, the United States filed suit against the Virgin Islands under the ...
Eighth Circuit Reverses Denial of Qualified Immunity; Prisoner Proved Neglect, Not Deliberate Indifference
by Mark Wilson
On March 25, 2014, the Eighth Circuit Court of Appeals reversed a district court’s denial of qualified immunity on a prisoner’s claims that a delay in providing blood pressure medication caused him to go ...
Texas Court Reexamines Test for Misconduct by Forensic Scientist
by Mark Wilson
On January 15, 2014, the Texas Court of Criminal Appeals modified its earlier decisions in which it had presumed that evidence handled by a forensic scientist who engaged in misconduct was false and material.
Jonathan Salvador was a ...
