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Articles by Matthew Clarke

State Auditor Finds Vermont Sex Offender Registry Unreliable

by Matt Clarke

On June 25, 2010, the Vermont State Auditor released a report entitled Sex Offender Registry: Accuracy Could be Significantly Improved. As the title implies, the auditors found critical or significant errors in 79% of the community-based Sex Offender Registry (SOR) records audited. The errors were discovered by ...

Fifth Circuit: Sex Offender Conditions May be Imposed for Prior Sex Offense

by Matt Clarke

The Fifth Circuit Court of Appeals held that a person on parole for a crime that was not a sex offense, but who had completed a sentence for a prior sex offense conviction, could be subjected to sex offender parole restrictions.

David Brian Jennings was on parole ...

Sixth Circuit: No Sanction for Third-Party Spoilation in Michigan

By Matt Clarke

On March 21, 2008, a panel of the Sixth Circuit court of appeals held that a defendant could not be sanctioned for third-party spoilation of evidence in a Michigan case involving excessive use of force by a state prison guard. The panel also recommended that the en ...

Fifth Circuit: "Some Evidence" Not Required To Deny Texas Mandatory Supervision

Fifth Circuit: "Some Evidence" Not Required To Deny Texas Mandatory Supervision

By Matt Clarke

On December 12, 2008, the Fifth Circuit court of appeals held that the "some evidence" standard of Superintendent v. Hill, 472 U.S. 445, 105 S.Ct. 2768, 86 L.Ed. 356 (1985), did not apply to denial of ...

Texas Prisoner Allowed To Appeal IFP Despite Misfiling Affidavit

By Matt Clarke

On September 24, 2008, a Texas court of appeals issued an order allowing a Texas prisoner to proceed in forma pauperis despite having improperly filed his affidavit of indigence with the wrong court.

Junior Ray Brown, a Texas state prisoner, filed suit in state district court alleging ...

Texas Court Must File Prisoner Suit if Unpaid Previous Indigent Case on Appeal

By Matt Clarke

On November 26, 2008, a Texas court of appeals held that a state district court must file a prisoner's civil suit petition even if he had not paid for the court-ordered fees and costs in a previously filed suit that was currently on appeal.

Gordon R. Simmonds, ...

Houston May Not Keep Traffic Light Camera Documents Secret

by Matt Clarke

On October 12, 2009, a Texas state district court held that the City of Houston had no right to keep secret over 250 government documents related to the deployment and use of traffic cameras at intersections controlled by traffic lights.

After a Rice University study found that ...

Bexar County, Texas Fails to Properly Evaluate Mentally Ill Jail Prisoners

by Matt Clarke

In 2009 the Texas legislature amended a law, codified at Article 16.22 of the Code of Criminal Procedure, with the intent to require early identification of mentally ill jail prisoners so they can receive appropriate treatment and consideration upon sentencing.

Bexar County, which includes the city of ...

Minnesota DOC Releases Study on Impact of Prison-Based Sex Offender Treatment

by Matt Clarke

In March 2010 the Minnesota Department of Corrections (DOC) released a report on the impact of in-prison sex offender treatment programs on recidivism rates. The results of the study “suggest that prison-based treatment in Minnesota produces a significant, albeit modest, reduction in sex offender recidivism.”

The report ...

U.K. Terrorism Suspects May Challenge Extradition Based on U.S. Prison Conditions

by Matt Clarke

On July 8, 2010, the European Court of Human Rights (ECHR) in Strasbourg, France held that four suspects being detained in the United Kingdom pending extradition to the United States on terrorism charges could challenge their extradition based upon the expected prison conditions they would be subjected ...