Federal Court Orders Colorado to Provide Outdoor Recreation to Supermax Prisoner
by Matt Clarke
A federal court in Colorado has heldthat a mentally ill prisoner who spent over 12 years in administrative segregation must be afforded an opportunity for outdoor recreation. The court also ordered the Colorado Department of Corrections ...
Florida Court of Appeals: Prison Guards Can Raise “Stand Your Ground” Defense
by Matt Clarke
On March 28, 2014, a Florida Court of Appeals held that a former Department of Corrections guard charged with aggravated battery for assaulting a prisoner was entitled to pursue a “stand your ground” defense pursuant ...
Texas Prison Population Drops as Guard Shortage Persists
by Matt Clarke
In spite of a three-year downward trend, Texas continues to lead the nation with the largest state prison population. At the same time, the state has pursued a variety of incentives to address a chronic shortage of prison guards. ...
Fifth Circuit Declares SORNA Unconstitutional in Certain Cases, Reversed by Supreme Court
by Matt Clarke
The full Fifth Circuit Court of Appeals held in July 2012 that Congress did not have the power to enact criminal penalties for failing to register as a sex offender following an intrastate move, as ...
Colorado: Sentencing Court May Override Sexually Violent Predator Risk Assessment Score
by Matt Clarke
The Colorado Supreme Court has held that a sentencing court may designate a person convicted of a sexual offense a Sexually Violent Predator (SVP) even if a risk assessment instrument (screening instrument) indicates that the person ...
Seventh Circuit Extends Appeal Filing Deadline for Prisoner Misled by Court Clerk
by Matt Clarke
In a well-crafted opinion delivered on August 8, 2013, the Seventh Circuit Court of Appeals held that a prisoner who was misled by a court clerk regarding the status of his habeas corpus petition should ...
Fifth Circuit Holds Louisiana Commutation Changes Not Ex Post Facto
by Matt Clarke
In an opinion filed May 21, 2013, the Fifth Circuit Court of Appeals held that changes to commutation laws and rules in Louisiana, which gave the pardons board the authority to deny a hearing on commutation and ...
Texas Supreme Court Rules on Which Experts Qualify for Civil Commitment Trial
by Matt Clarke
On August 31, 2012, the Supreme Court of Texas held that an expert who testifies in a civil commitment proceeding under the Texas Civil Commitment of Sexually Violent Predators Act (CCSVPA), Chapter 861, ...
U.S. Department of Justice Releases Former Prisoner Report on Sexual Victimization
by Matt Clarke
On May 12, 2012, the Bureau of Justice Statistics of the U.S. Department of Justice released a report on a survey of former state prisoners about sexual victimization in jails and prisons. The first ...
by Matt Clarke
On April 25, 2012, Connecticut Governor Daniel P. Malloy signed into law legislation that eliminates the death penalty for future crimes and replaces it with life without parole – part of a trend to abolish capital punishment. [See: PLN, June 2012, p.16].
The signing took place ...
