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Articles by Matthew Clarke

Texas Court of Appeals: No Law Library Access Right for Prisoner Who Waives Appointed Counsel

Texas Court of Appeals: No Law Library Access Right for Prisoner
Who Waives Appointed Counsel

By Matt Clarke

On April 30, 2008, a Texas court of appeals ruled that a prisoner who waived his right to counsel in a criminal case has no right of access to a law library. ...

Fifth Circuit: Federal Government May Collect Restitution Up To 20-Years

By Matt Clarke

The Fifth Circuit court of appeals held that the government may place a lien on property to collect restitution for up to twenty years after the judgment, even if the victim has waived collection of the restitution.

In 1992, David B. Ridgeway was convicted of 22 federal ...

Fifth Circuit: No Liberty Interest in Discretionary BOP Sentence Reduction

By Matt Clarke

The Fifth Circuit court of appeals upheld the denial of sentence reduction to a federal prisoner who had completed the Residential Drug Abuse treatment Program (RDATP).

Michael Richardson, a federal prisoner incarcerated at the Federal Correctional Institution (FCI) in Seagoville, Texas, was told by FCI staff that ...

Louisiana Court Of Appeals Overturns Strip Tier Cell InjunctionOverturns

Louisiana Court Of Appeals Overturns Strip Tier Cell Injunction

By Matt Clarke

On June 20, 2007, a Louisiana state court of appeals overturned a district court’s granting of an injunction against prison officials placing the prisoner into a strip tier cell (STC) without his having committed a new disciplinary infraction. ...

Sundry Claims Board Only Remedy For Maryland Prisoners Injured On Paid Jobs

by Matt Clarke

A Maryland court of appeals has ruled that Maryland state prisoners injured on paid jobs may only seek compensation through the Sundry Claims Board (SCB).

Melvin James Dixon, a former Maryland state prisoner, was on a work detail paying $0.90 a day at the Pre-Release Unit of ...

Maine Supreme Judicial Court Reinstates Challenge to Maine SORNA

By Matt Clarke

The Maine Supreme Judicial Court has reversed the dismissal of a challenge to the Maine Sex Offender Registration and Notification Act (SORNA), 34-A M.R.S. §§ 11201-11256.
John Doe is the pseudonym of a person convicted after 1982 and before 1986 of a sex offense against a family ...

California Federal Court Refuses to Dissolve Most of Orantes Injunction

By Matt Clarke

On July 23, 2007, a federal district court in California issued an opinion declining to dissolve the injunction issued in Orantes-Hernandez v. Meese, 685 F.Supp. 1488 (C.D.CA 1988), 919 F.2d 549 (9th Cir. 1990), which established immigration processing standards for Salvadoran nationals.

The class-action civil rights lawsuit ...

Idaho Court Of Appeals: Indigent Prisoners Not Required To Post Bond

By Matt Clarke

The Idaho Court of Appeals has ruled that an indigent prisoner’s legal action cannot be dismissed for failure to post the bond required by I.C. § 6-610 of persons filing suit against a “law enforcement officer.”

Steven Lee Hyde, an Idaho state prisoner and adherent of the ...

Nevada Supreme Court: Parole Board Hearings Exempt From Open Meetings Law

by Matt Clarke

On September 20, 2007, the Supreme Court of Nevada held that parole release meetings were exempt from the requirements of the Nevada Open Meetings Law (OML), N.R.S. Chapter 241.

John Witherow, a Nevada state prisoner, filed a complaint in state court against the Nevada Board of Pardons ...

Texas Prisoner’s Property Destruction Damages Properly Pleaded

By Matt Clarke

A Texas court of appeals has held that a state prisoner properly pleaded damages within the minimum jurisdictional limits of the district court.

Jeffery D. Westbrook, a Texas state prisoner incarcerated at the Allred Unit, filed suit pro se in state district court alleging prison officials on ...