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Articles by Matthew Clarke

Sixth Circuit: Prisoner Must be Allowed Direct Appeal When Prison Delayed Appeal Mailings

by Matt Clarke

The Sixth Circuit held that Michigan had to allow the appeal of a prisoner’s criminal conviction when prison officials had delayed the mailing of his appeal documents until after the filing deadline had expired.

Following his criminal conviction in state court, John Andrew Dorn, a Michigan prisoner, ...

South Carolina DOC Must Establish Grievance Procedure For Crime Victims' And Prisoner Dependents' Claims Over Prison Industry Wages

by Matt Clarke

On May 7, 2007, the Supreme Court of South Carolina ruled that the South Carolina Department of Corrections (DOC) must allow prisoners' dependents, as well as crime victims entitled to restitution access to the DOC's internal grievance procedure to address issues involving prisoners' wages for participation in ...

The Sun Never Sets On Torture in American Military Prisons

by Matthew T. Clarke

PLN has reported extensively on some of the issues surrounding the treatment of prisoners in the American military prisons which were set up to hold people suspected of committing or supporting terrorism. This ranges from the murder, torture and abuse of prisoners in Iraq and Afghanistan ...

Fifth Circuit: Texas DNA Testing Motion Tolls Federal Habeas Limitations

by Matt Clarke

On November 14, 2007, the Fifth Circuit court of appeals ruled that a post-conviction DNA testing motion filed pursuant to Chapter 64 of the Texas Code of Criminal Procedure (C.C.P.) tolled the one-year limitations period for federal habeas corpus set forth in 28 U.S.C. § 2244(d)(2).

Wilbert ...

CCA May Be Liable For Guard Captain's Sexual Assault Of Louisiana Prisoner

by Matt Clarke

On March 15, 2007, a federal court in Louisiana held that the Corrections Corporation of America (CCA) may be liable for the sexual assault of a prisoner by a CCA captain at a CCA-run prison in Louisiana.

Brian B. Mitchell, a Louisiana state prisoner, was incarcerated at ...

Denial of Separate Religious Services Leads to Sectarian Tension Between New York Shiite and Sunni Prisoners

by Matt Clarke

Shiite Muslim prisoners in New York state prisons have long sought their own services separate from the majority Sunni Muslims. A recent federal court of appeals decision may help them get it.

The New York Department of Corrections (DOC) has 7,987 prisoners who identify themselves to prison ...

Official Capacity Not the Same as Governmental Agency in Texas Civil Suit

by Matt Clarke

On June 24, 2010, a Texas Court of Appeals held that suing employees of the Texas Department of Criminal Justice (TDCJ) in both their official and individual capacities was not the same as suing both the governmental entity and the employees, and thus the employees did not ...

Charges Against Phoenix New Times Editors Dropped/Private Prosecutor Dismissed

by Matt Clarke

In the middle of the night of October 18, 2007, Phoenix New Times founders Michael Lacey and Jim Larkin were arrested at their homes and charged with revealing grand jury information for publishing an article revealing that they had been subjected to a grand jury subpoena of ...

New Allegations of Widespread Prisoner Abuse in Iraq Emerge As Abu Ghraib Soldiers Sentenced; Abu Ghraib General Writes Book

by Matthew T. Clarke

PLN has previously reported the abuse of prisoners in American military prisons in Iraq. [PLN June 2004, p. 1; Nov. 2004, p. 36; Dec. 2004, p. 26]. The most infamous location where prisoner torture took place is Abu Ghraib prison near Baghdad. The brigadier general over ...

Prosecutors Who Commit Misconduct Are Rarely Disciplined

by Matt Clarke

Prosecutors have a great deal of power and discretion. They choose whether to prosecute a case, what charges to file against a defendant and what plea bargain to offer. They can influence the court when imposing sentence and can even seek the death penalty. Prosecutors are also ...