by Matt Clarke
On March 31, 2016, U.S. District Court Judge Shira A. Scheindlin granted final approval to a historic settlement between the New York Civil Liberties Union (NYCLU) and New York State that will usher in comprehensive reform of disciplinary solitary confinement in the state’s prison system. The reforms ...
by Matt Clarke
On January 4, 2016, the Seventh Circuit Court of Appeals reversed the dismissal of a lawsuit brought by a Muslim prisoner who was denied several sack meals during Ramadan.
Michael L. Thompson, incarcerated at the Waupun Correctional Institution in Wisconsin, filed a federal civil rights action alleging ...
by Matt Clarke
The mission of the Texas Forensic Science Commission (TFSC) is to set standards for the use of scientific evidence in the state’s criminal justice system. In investigating the proper standards for DNA testing during the summer of 2015, the Commission came to the unsettling conclusion that the ...
by Matt Clarke
Texas lawmakers recently took action to address the relationship between the Texas Mutual Insurance Company (TMIC) and the Travis County District Attorney’s Office, after finding the connection between the pair was too close for comfort.
Since 2001, TMIC had paid the DA’s office around $4.7 million to ...
by Matt Clarke
All law enforcement agencies, jails and prisons in Texas are required by state law to report in-custody deaths, but the raw statistics are not easily understood. That shortcoming prompted University of Texas Institute for Urban Policy Research and Analysis postdoctoral fellow Amanda Woog to create the Texas Justice Initiative – an electronic data set that spans the years 2005 through 2015 and contains interactive search criteria such as the name, race, age, demographics, and time and cause of death for people who died in-custody.
“We can’t have an informed conversation about who’s dying at the hands of police, or who’s dying in jails, if we don’t literally know who’s dying and how they’re dying,” said Woog. “I think this information can help us get to the bottom causes of mortality in the criminal justice system and with that lead us to solutions.”
Those are laudable goals. One of the factors that has hampered recent nationwide discussions about unjustified police shootings is a lack of statistical data concerning such incidents. The only other state with a similar compilation of death statistics is California, which has a population 50% greater than Texas but about the same number of annual ...
by Matt Clarke
In six separate opinions, the Supreme Courts of Kansas, Ohio and Colorado ruled on issues related to sex offender registration and probation requirements.
In a trio of decisions handed down on April 22, 2016, the Supreme Court of Kansas held the 2011 amended version of the Kansas Offender Registration Act (KORA) could not be applied retroactively to increase the mandatory registration term of a defendant whose offense was committed prior to the 2011 amendment.
In 2001, Promise D. Redmond pleaded no contest to one count of indecent solicitation of a child 14- to 15-years-old. He was sentenced to life in prison, but the sentence was suspended and he was placed on parole. Under the 2001 version of the KORA he was required to register as a sex offender for ten years.
The amended 2011 KORA required sex offenders to register for 25 years. Redmond stopped registering after ten years, and the state charged him with three counts of violating the 2011 KORA. Redmond moved to dismiss the charges and argued application of the amended 2011 KORA was an unconstitutional ex post facto violation.
The trial court granted the motion and the state appealed. The Kansas Supreme Court ...
by Matt Clarke
On May 4, 2016, Colorado Springs officials signed off on a $103,000 settlement that will end the practice of municipal judges converting fine-only violations of municipal ordinances into jail time for indigent defendants.
In a longstanding practice known as “pay or serve,” Colorado Springs municipal judges would ...
by Matt Clarke
If you were on trial for your life, you would want the best possible lawyer. That would exclude Houston, Texas attorney Jerry Guerinot, 71, who has a great deal of experience but a very poor track record. Guerinot lost all 34 capital cases he defended at trial, and in August 2016 announced he was no longer taking such cases.
Not all of Guerinot’s clients who faced capital punishment reside on death row. Thirteen received life sentences in plea bargains or jury verdicts. Two had their death sentences commuted to life after the U.S. Supreme Court held that defendants who were younger than 18 at the time of the offense could not be sentenced to death. One is awaiting retrial. Ten have already been executed.
“People who are well represented at trial do not get the death penalty,” observed Supreme Court Justice Ruth Bader Ginsburg.
Guerinot’s dismal record in death penalty cases reflected a failure to “conduct even rudimentary investigations,” according to an article in the New York Times titled “A Lawyer Known Best for Losing Capital Cases.”
“He doesn’t even pick the low-hanging fruit which is hitting him in the head as he walks under the tree,” ...
by Matt Clarke
On March 2, 2016, a federal jury awarded $25,000 to a woman who had been repeatedly sexually assaulted by a Tulsa, Oklahoma jailer when she was a minor held at the Tulsa County jail.
LaDona A. Poore was 17 years old when she was incarcerated at the ...
by Matt Clarke
On November 29, 2016, the Fifth Circuit Court of Appeals upheld a jury award of $1.5 million for pain and suffering and $917,000 for wrongful death in a lawsuit brought by survivors of a prisoner who died after being held for four days in an observation cell ...
