Fplp Mar Apr 2008
Download original document:
Document text
Document text
This text is machine-read, and may contain errors. Check the original document to verify accuracy.
FLORIDA PRISON LEGAL ers .ectives OLUME 14 ISSUE 2 ISSN# 1091-8094 T.ents Used to Scare. Legislators Into Funding More Prisons' hortly after the Florida Legislature went into its regular session in March of this year, with deep cuts in S agencies' budgets expected in the face of a state budget shortfall, the Florida Department of'Corrections came out fighting for an increase to its budget to continue building more prisons. The FDOC's first blow ' was ;a right' cross, 'the department's secretary warned legislators that large budget cuts will lead to more cramped and dangerous -prisons and a rise in crime around the state. In January the FDOC was riding high, Gov. Crist's proposed state budget urged 'lawmakers to give the prison system $343 million more to build more prisons this year over and above its $2.3 billion budget That, however, was before the outcry really took off that Florida is facing a budget crisis and that deep cuts are going to have tobe made in all areas. As the legislative session progressed it was made clear that the FDOC was going to face cuts too. Legislators'said "'that despite a surge in prison admissions the budget crunch could tnean scaling back prison construction and expansion. The FDOC responded by claiming that with the current 96,000 state prisoners the system is already at 97.3 percent of capacity and pointing out that it is expected ~e.prison population,wit, ,~ch 105,000 by ~id- MAR/APR 2008 2009 and overcrowding if new prisons aren't funded. Lawmakers hung tough, some suggesting hanging extra bunks in cells housing non-violent and elderly prisoners (without regard to space requirementS).' Another' suggestion was made to send florida prisoners to prisons in other states, which other states with overcrowding problems have been doing for years. The FDOC swung back, saying it has no plans to send·prisoners out of state, but it does have plans to buy metal buildings that can be readied quickly for prisoners and surplus military tents to houSe prisonerS. ' ' In fact, punching quickly, by the end of March the FDOC announced. that it was already putting up tents at eight prisons around the state. Uping the rhetoric, the FDOC justified ~e 'tents claiming the system was getting "dangerously close to reaching 99 percent capacity," at which point state law will' mandate earlyrel~se for certain prisoners. That state law is the result of federal court intervention in-the 1980's and 90's when Florida was forced to reduce its prison overcrowding and fold up tents that it was housing prisoners in then. 'U,sing the tents as a threat, theFDOC raised 24 of them at eight sites in March, An FDPC spokesperson said the department plans on erecting 108' of the tents during the next 18 months. Each of the tents measure 18 by 24 feet, cost $20,000 each and house 22 prisoners. They feature ceiling fans, a large exhaust fan, a heat pump and wooden floors. Separate shower, and bathroom tents will also be erected and prisoners will eat in, the existing food service . buildings at the, prisons'where th\' tents are located. ' Florida Prison Legal Perspectives >"'iiORiE~"!~"I~~!!,'i;t;1Il~~E':': .. : . ::-:":":".:,; .. :.: '" .:" .. :". :-:<. , :::" ' .... :.; ....• .:." ••••••••: . :.:-.::\ ,1.1~~ill ... : ." . . " ,...... . . ." <,". :~~A~(",,;;~~.,:',',"'" . .. • 2 ~." .• :: ::/~i.<'~ 1 ""'.,':1 . ...:::j The department claims the tents are a temporary solution, just to get them by until the budget crunch is over. The legislature seemed to be unfazed by the FDOC historically dangerous tactics, by mid-April there were proposals to cut the FDOC's $2.3 billion current budget by $160 million. That reduction would come from gutting prisoner education, vocational and drug ,rehabilitation programs, a direct reversal of what FDOC Secretary Walter McNeil and his predecessor, Jim McDonough, have advocated. ' InUne with what McDonough had proposed before his unexpected retirement in January, McNeil said keeping those programs means lower costs for oversight of lowrisk prisoners who are making the transition back to public life. It also means that prisoners with drug problems or a lack of working skUls are better able to make a permanent return to public life. ' ' ' Without them, McN~i1 said, "my suspicion is that there is going to be an increase in, ,?rime in our state" as prisoners unprepared for life outside of prison are released. ', .' , Undeterred, the Legislature count,ered with an uppercut, proposing that benyeen 1,400 and 2,QOO jobs may have to be cut in the department While suggesting 'to cut prisoner programs, which'likely will lead ~ increased crime, didn't stir up much objection, the suggestion to cut jobs for FDOC probation and 'cOrrectional officers sent' a stream of them, reeling to T~lIaha$$ee to protest oUtSide the Capital building. " ,. It doesn't take a Don King to figu~ ~ut that whatever happens Florida prisoners ,are going to experience some hardships in the future~. Bl,lt the big' loSs will' be to Floridians as the crime rates will increase willi the expec~d cuts to, public education,' when 'Florida a'lready has one of the highest droPout rates in ilie 'country~ and with the continued refusal by legislators to implement and fund proven programs that would 'reduce prison recidivism.. _ , Florida Prison Legal Penpectives -Federal Habeas CorpusTitle 28 U.S.C. Section 2254 Standard of Review by Dana Meranda r he Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) amended the statutory provisions that tlvern fact review. State court fact· findings, if fairly lade, will be accorded a presumption of correctness and ~tion 2254(eXl) now provides that the burden of :butting the presumption of correctness is by clear and lnyincing evidence. Addington v. Texas, 99 s.ct 1804 979) (discussing the lIclear and convincing" standard of 'OOt). ., . Courts have generally equated section 2254(eXl)'s >Dcept of "clear and convincing evidence" with the :learly erroneous" standard appellate courts use to review IstriCt court fact findings. Inre Heidnik 112 F.3d lOS, \2 (31ll Cir. 1997). ' . 28 U.S.C. sections 2254(d)(2) and 2254(e)(l) govern abeas corpus fact review. Courts that .have interpreted nd applied these amended sections to situations were the tate courts made no finding of fact. on a. determinative iSue, Bell v. Cone, 125 s.ct. 847, 856 (200~),or if a state ourt rmding ,was the product of unfair procedures, or is lot supported by the state court recofd, the federal court, it free to reach its own independent judgment on the luestion. Wiggins .v. Smith, 123 s. ct 2527, 2539 (2003)~ raylor v. Maddox. 366 F.3d 992, 1000, 1014 (9th Cir. !004). . • , Under the ~DPA, federal habeas corpus review ,of It~ courts' legal and mixed legal-factual rulings is lubJect to the amended section 22S4(d), which provides hat a state prisoner's ha~ .corpus application shall not :Ie granted with respect to any claim that was adjudicated' lD the merits in State court proceedings, unless the uljudication of the claim: ~l) resulted in a decision that was contrary to, or involved !n unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States; or (2) resulted in a decision that was based on an unreasonable determination of the factS in light of the evidence presented in the State court proceeding. ' Section 2254(dXl) places a new constraint on the power of a federal· habeas court to grant a state prisoner's application for a writ of habeas corpus with respect to claims adjudicated on the merits in state court. Under section 2254(d)(I), the writ may issue only if one of the two conditions is satisfied. Williams v. Taylor, 120 s.ct 1495, IS23 (2000). So~e Federal courts have concluded (for purposes of section 2254(d» a summary state court opinion that fails to articulate it's analysis of the federal constitutional claim is not an adjudication on the merits. Treating the state court's decision as ~e focus for analysis, the Eleventh Circuit has reached the opposite 'conclusion in Wright v: Sec'y. Dep't. of Co"ections, 278 F.3d 1245, 1254 (11 11I Cir. 2002), (joining circuits that have concluded that the summary nature of a state court decision does not lessen the deference that it js due)~ , The amendments to section 22S4(d)(I) have changed federal habeas corpus review, in three basic ways. First, the statute provides that the federal court is to review the state court "decision" that 'denied the claims'now raised in the habeas corpus petition, as opposed to adjudicating those claims independently of the state court decision. Consequently, section 22S4(dXl) eliminates the prior rule of adjudication de novo (or from scratch) and makes the ' state court decision (rather than the specific claim raised in the habeas petition) a primary focus of federal court review. Jackson v. COa/ter, 337 F.3d 74, 83 0" Cir. ' " . 2003). The federal court should examine the merits of the claim first, then, if there 'is' meri~ 'to: the constitutional issue, the court should review the state coutfs decision to determine whether the criteria of section, 2254(d)(I) precludes a grant offederal habeas corpus relief. . Second, in reviewing the state court decision to determine whether secti9n 2254(d)(I) limits relief, the federal law to which the state court decision is compared is limited to clearly established federal law, as determined by the Supreme Court of the United States. Hart v. Allorney General, 323 F.3d 884, 893 n.16.( 11 III Cir.) cert. denied, 540 U.S. 1069 (2003). .. And third, amended section 2254d1 establishes certain limitations upon relief in those cases in which the federal court finds constitutional error. The federal court cannot grant federal habeaS corpus relief unless its review of the state court decisiop on the basis of clearly establishes . S~preme Court law reveals that the state court decision was defective in one of two way~ither (I ) that the "decision was contrary to clearly estab'lished Supreme Court law"~ or (2) that the "decision involved an unreasonable application of clearly established Supreme Court Law." , The state court decision is the central focus of the federal review process. , " A state court decision will be contrary to clearly establis~ed precedent if the. state court applies a rule that contradIcts the governing law set forth in our cases. Penry v. Johnson, 121 S.ct. 1910, 1918 (2001), (quoting Williams v. Taylor 120 s.ctat 1519). A state court decision will be contrary to our clearly established precedent if the sJate court confronts a set of facts that are materially indistinguishable from a decision of this Court and nonetheless arrives at a result different from our precedent. Accord Penry v. Johnson, 121 s.ct: at 1918; . 3 Florida Prison Legal Penpeetives In consttuiJ.1g the "Unreasonable application" clause, the .FPOC Lt~ Sentenced To Court· explained"a state-court decision that correctly Life In Prison -identifies the' governing legal rule but applies it by Melvin perez unreasonably' to the facts of a particular prisoner's case would certainly qualify as a decision involving an unreasonable application of clearly established federal Marianna judge sentenced a former Liberty ( law." Wiggins v. Smith, 123 s.ct. at 2534-:-35. lieutenant, Julian Jack Shiver, to life in prison ( January 29, 2008. The unreasonable application inquiry should ask .whether the state court's application of clearly established Shiver was involved in a shooting that took place at federal law was objectively unreasonable.. Cottondale residence that left his wife dead, Lisa Shive The question under the AEDPA is not whether a who worked at Calhoun CI. . , . Authorities say that Shiver knocked on the door of,tJ federal court believes the state court's determination was incorrect but whether that determination was residence and asked for his wife. A man later identified a unreasonabl~a substantially higher'threshold. Schriro ~. Paul Barber Jr~, who also worked at Calhoun CI, told hil Landrigan, 127 s.et. 193'3, 1939 (2007). to leave. Shiver then kicked in the door, shot hi~ wife Some increment 'of incorreetnes,s beyond error is the head with a 9 millimeter and then turned and fired ( Barber. required. McCambridgev. Hall, 303 F.3d 24, 36 (1 st Cir. 2002) (en bane). The increment need not necessarily be Thereafter, Barber ran and got a shot~ and fire great, but it must be. great enough to make the decision back, shooting Shiver twice in the torso. Barber the unreasonable i'n the independent and objective judgment called 911 and emergency workers arrived at the' 5ce1l which found Shiver and· his wife. on the floor. Shiver of the federal court. Francis S. v. Stone, 221 F.3d 100, III (2nd Cir. 2000). wife died in a Dothan hospital six days later. Despite the foregoing analysis, the "objective Shiver waived his rightto trial,after -admitting he she unreasonabJenessu standard awaits definition by the Court his wife and Barber, then entered a guilty plea. n in future cases. charges included second degree murder, attempted secon The Supreme Court has made clear that AEDPA does degree murder, burglary while armed with a' firearm, an not require. a federal habeas court to adopt anyone shooting into an occupied dwelling. methodology in deciding the only question that matters Before sentencing Shiver, the judge addressed him an under section 2254(dXl )-whether a state court decision is stated: "[t]he bottom line, by pleading'guilty to the chq contrary to, or involved an unreasonable application of, , of second degree murder, which is a first degree felon: clearly established Federal lllw.Lockyer \I. Andrade, 123 punishable by life since a fire arJ1\ was used, you woul, s.ct. 1166, 1172 (2003). . serve. a natural life term, do you understand that?" Shive Acquiring· relief from the federal courts in the current replied '''[y]es, sir." In Florida, life means lif~ said Jo era is almost nonexistent. This is illustrated in FPLP Vol. Grammer from the office ofthe State Attorney. 13, Issue 5/6, pg. 1-2 (A study conducted by Vanderbilt . Bob Sombathy, Shiver's attorney, requested that hi University) that Itof 2,384 non-capital cases examined, client be allowed to s"rve his time in federal prison only 7 petitioners won relief in the federal courts." instead 'of having. to serve time in the same system hi Nonetheless, it is important that the petitioner stay abreast worked for as an officer. The case would be reviewed said the judge. _ of current and developing case .law when contemplating the pursuit summarized "bove. _ A FLORIDA CLEMENCY SPECIALIST FOR ASSISTANCE INFORMATION: Soy Patties, Reduced Calories for Florida . Prisoners www.nationalclemencyproject.com NATIONAL CLEMENCY PROJECT. 8624 CA~P COLUMBUS ROAD , HIXSON, TENNESSEE 37343 (423) 843-2235 by Teresa Bums Posey D uring Marc;h '08 as the Legi!lature went into sessio and talk about big budget cuts in Florida sta government increased-. ·becoming the theme of d 4 Florida.Prison Legal Perspectives to 3,500. And Florida is actually providing between 2,900 session, Aramark Corporation, a private for-profit and 3,100, depending on Aramark'sunauthorized company which has had a contract to feed the majority of manipulation of the menu it is suppose to be following. state prisoners si]1ce 2001, chimed in on how to save , And contrary to .Crist's assertions, dieticians say that taxpayers money":""feed prisoners veggie burgers and fake the healthy weight of a 37-year-old male-the average age chicken nuggets. of Florida prisoners-who is 5 feet 9 inches tall is 160 Aramark, which'has a 570 million-per-year three year pounds. To maintain ,that weight with daily living contract with the state, proposed a variety of what it activities, and just one hour of ext!rcise or labor, requires claimed were cost~cutting measures to help the state deal with an expected $2.7 billion budget shortfall next year. 2,937 calories a day. And ,more calories are needed, if Trinity Food Services, Aramark's competitor. in prison exercise ~i'la~or increases ~eyond that. Yet, unde'r pressure to accommOdate ideas at least, in food service'vending, also has a contract with the Florida Department of Corrections. Trinity gc;ts $25 million per ' March DOC officials bit 'into veggie burgers and imitation chicken nuggets supplied by Aramark and suggested as year. Together the two private for-profit companies feed replacements for higher-cost, grain-fed prOductS such as all of Florida's 96,000+ state prisoners. . ' Aramark's "altruistic" suggestions came shortly 'after . hamburgers.' Two thumbs up, DOC officials gave the veggle burger, calls were made for ail investigation into the company's contract with the state (sc;e related story in this issue of a big thumb down <m the fake chicken nuggets. "I heard the soy burgers tasted better" than hamburgers, FPLP) and in apparent response to word that state which are greasy because of the low-quality beef from legislators were discussing various ideas on ways to cut which 'they are made,"said Sen. CriSt. But, he cautioned, the FDOC's budge~ including reducing the amount of food/calories that prisoners are being fed. ' don't do away with the "chickentenders" which are "the favorites" ofprisoners, he said. Sen. Victor Crist (R-Tampa) (who claims no relation to "Apparently someone was stretching the truth to Gov. Charlie "Chain-gang" Crist), the Senate's powerful influence Sen. Crist. The only' hambUrgers Florida chairman of the criminal and civil justice appropriations prisoners have been receiving 3 or 4 times a month have committee, was the first to raise the idea to cut the amount been made from. good quality beef, and baked, not fried. of calories that prisoners are fed. He said .that 3,200 calories a day is too much. And prisonerS have never been fed "chicken tenders." The But former FDOC Secretary Jim McDonough strongly only chicken they receive is an occasional piece of baked chicken that is often undercooked in the Araniark-run objected to such an idea sho~ly before he left office in kitchens and that frequently. has been he direct cause of February. He caUed it "absurd" in' a letter to Crist and .food poisoning outbreaks in Florida's prisons over the other ilawmakers. That's because prisoners are required to perform some sort of labor, such as work squads, unless years. Many prisOners won't eat the chicken for fear of getting sick. they have a medical excuse. Current Secretary Walter McNeil also expressed his Whether Florida prisonerS will be deprived of food and opposition to cutting prisoners' food, saying that a caloriecalories in arder for the private food service companies to cut should be,the last resort. An FDOC spokesperson said boost their profits or to shave money from the FDOC's budget remains to be seen. However, with the economy . that. "Secretary McNeil will not compromise the basic nutritional needs of our inmates, nor the quality of the going In the direction it is and with Florida having to cut food served.II Prison officials also e~pressed concern tliat its ,budget, notonly this year but for the foreseeable future, reducing prisoners' diets, coud lead to violence in the it can be expected that conditions in the prisons are going to suffer._ prisons. However, Aramark appeared to be unconcerned with such objections in its eagerness to pander to "get tough" Ideologies in the Legislature and in a possible effort to Union/Activists Call avoid an investigation into its lucrative contract to feed for Investigation of prisoners. Aramark proposed cutting the daily calorie intake over 30 percent to 2,100 per day. Aramark told Aramark's Florida legislators that such a move could save taxpayers $15 ,Prison Contract , million a year. Even Victor Crist wasn't willing to go that far, but he n February '08 the Campaign" for Quality Services, a did suggest a cut to ,2,700 calories a day, saying that most joint project of the Service Employees International states are giving prisoners 2,700 calories and that's what Union (SElU) and UNITE HE~, held a cally in Miami nutritionists recommend. where labor,eleeted and community leaders, and prison In actual fact, the average daily caloric intake for male activists, including representatives from Florida Prisoners' prisoners is about 3,000. Texas, at the low end, gives 2,400 to 2,700. Arkansas, on the high end, provides 3,000 Legal Aid Organization, Inc. (FPLAO), called' for an . ' I 5 Florida Prison Legal P~rspectives investigation of the Aramark CorPoration's food service contract-with the Florid~ DeplP1ment ofCorrections. . . The "coalition is calling for a state investigation of Aramark's past. ahd "current conduct in Flonda prisflns, especiaUy concerning the gap betweenmealsseJ:Ved and . meals billed for, savings to the company frolll changing the approved menu, and hiring' of any' state official who approved menu changes." " The coalition says that kamark should return to the state millions .of doll~ the private for-pro~t company made through serving reduced quality" food to prisoners and through the resultant drop of over 8 percent in prisqners showing up to eat in the Ararnark-run chow halls between 200 I" (when Aramark got the contract to feed the majority ofFlorida state prisoners) an(l2007. The coalitions also called on the state to re-bid Aramark's contract and replace it with a contract (and another company) that ~aintains stable facility condition~, ensures that savings are passed along to taxpayers, and removes incentives to reduce food quality and nutrition in order to increase profits. Specifically, this would include contractors being paid based 'on meals actually served rather than the prisoner population, regardless of whether they.eat a meal Qr not,. ~ the Ararnark contract has provided. " A spokesperson for Aramark responded to the coalition's call' for an investigation saying, "The charges "they level about oui' business in Florida have been proven to be baseless." In support of that. claim Aramark points out that the FOQC is still a client, which would not be the case if Aramark wasn't providing top quality, best-value service. In a recent survey, the department s~red Aramark very highly when asked if it would hire the company again. However, no explanation was given by Aramark as" to why, the FDOC suddenly terminated Aramark's contract for, the FDOC's Region II and gav~ it to a competing comp~y, Trinity Food Services, in October 2007. , . Ariunark's spokesperson also complained that the unions failed to take into account that as part of the accreditation process Aramark is routinely inspected by the American Correctional Association (AcA) and others who require that good meals be served to prisoners. "We couldn't pass these inspections with the incredibly high marks we routinely receive if we didn't," said the spokesperson. Not mentioned was that Aramark always receives advance warning when the ACA is going to il)spect a Florida priso~, giving it time to clean up the kitchens and prepare better meals that follow the FDOC menus while inspectors are there.. According to one prisoner, Mike C., who recently served several years at Sumt~r Correctional Institution located in Central Flori~ "Aramark has been one of the worse things to happen to the Florida prison system in recent years. When they first took over the food was okay for about siX months, after that it got worse. Aramark Constantly doesn't follow the menu or recipes, serves poor quality, poorly prepared food" and the" sanitation is atroCious. At" Sumter the food trays stayed filthy and in the summer you couldn't eat for trying to fight swarms of flies. Guys who could mostly ate out ~f the canteen, not very healthy, but it beat cabbage and the turkey scrap meat that Aramark uses for everything. Of course, the less Ararnark feed the more profit it makes. Something's wrong with that picture." " Aramarkclaims that since 2001, when former Gov. 'Jeb Bush ordered the FDOC to give Ararnark the contract to feed 90 percent of the state's prisoners, that it has saved Florida taxpayers over $100 million. Critics say the reality is such savings are smoke, that the starchy, poor quality Aramark food has and will continue to increase medical costs for prisoners, especially with prisoners serving longer terms. " . , It could be worse for. prisoners. niere has been some talk about the FDOC taking over food service again. There , would go the fruit juices, fresh fruits, fairly freshsalads, and very likely a return to even worse food preparation and sanitation and possible wholesale theft of food by FDOC employees, as was the situation before the food service was privatized._ Land of the Imprisoned ccording to a ne~ ,report released Feb..28, 2008, by . the· Pew Center on the States. for the first time in US history, more than one of every 100 adults in America are in prison or jail. Whether per capita or in raw numbers. it is more than any other countrY in the world, making the US t~e world's No. 1. incarcerator of its own citizens, the report states. Using state-by-:state data, the' Pew researchers found that at the start of2008 there were 2,319,258 Americans in jail or prison. To incarcerate so many, the 50 states spent over $49 billion on' corrections last year, that's up from less than $11 billion 20 years ago, states the report. The report shows how the pri,son population increased in 36 ~tes and the federal prison system last year. The . report singled out Florida to use as an example "case study in growth." Florida is expected to have 99,000 people in .its prisons by the end of June this year (it currently has 96,000 in March). Only Oregon spent a larger share of its general revenue on incarceration, the report says. The report was compiled by the Pew Center's Public Safety Performance Project, which is working with 13 states to divert offenders from prison without jeopard.izing public safety. / ' In related news: In mid-March the US State Department released its usual annual human-rights report that, .i~nically, condemned Russia, Burma and China for arbitrarily imprisoning too many oftheir citizens. A Florida Prison Legal Perspectives despite a lengthy list of evidence that tended to show that he couldn't have' committed the, crimes. The conviction stood for 24 years until DNA testing proved he didn't do it and he was freed in 2006. " Crotzer is one of nine men in Florida who have now been exonerated by DNA testing. Eight of them were freed. while one died in PCison just before the testing proved his innocenge. , In addition 'to the $1.25 million, Crotzer will also receive free tuition to take classes at a state university, Crotzer Awarded college or career center, if he wants it. He earned his OED while in prison. The monetary compensation that he will 51.25 Million receive amounts to about $137 for every day that he spent in prison. n April 3, 2008, the Florida Senate approved paying. "Justice can prevail," Crotzer said after hearing the Alan Crotzer $1.25 million for the 24 years that he Senate's action. "They showed they can, have integrity."_ spent in Florida's prisons for a double rape that he was wrongfully convicted of committing. The Senate voted unanimously for the compensation bill that had already been approved by the House. Gov. Crist said he looks forward to signing the bill into law, finalizing Crotzer's receipt of the compensation. Crotzer, 47, was convicted in 1982 for allegedly abducting and raping two women from a T~pahome, Shortly thereafter, China released its own report on human-rights violations in'the US. The report cited the US government's own statistics showing that violent crime, particularly guri deat!ls, increased in the US last year. It also criticized the high rates of incarceration in the US (which is, per capita, six times that of China), infant mortality, and uninsured families. O David W. Collins, Attorney at Law Former state prosecutor with more than 20 years of c~nallawexperience "AV" rated by Martinda~e-Hubbell Bar reg,ister ofPreeminent L~wyers . ' Your voice in Tallahassee' representing prisoners in all areas of post-conviction relief: Appeals Plea Bargain Rights 3.800 Motions Sente~cing'arid Scoresheet Errors Green, Tripp, Karchesky, Beggs cases 3.850 Motions State and Federal Habeas Corpus Jail-time Credit Issues Gain-time Eligibility Issues Writs of Mandamus Clemency Habitualization Issues Probation Revocation Issues Write me today abo1,lt your case! David W. Collins, Esquire P.O. Box 541 . Monticello, FL 32345 (850) 997-8111 "1he hiring of a lawYer is an important decision that should not be based solely upon 'advertisements. Before you decide, ask me to send you free written in'formation about my qualifications and.experience." . . , . " . Florida Prison Legal Perspectives Loren D. Rhoton' ____.p.o.st.c_o.nv_i_~t_io_n.A_tt.o.rn.e_y. • • .• • • • 1 Direct Appeals Belated·Appeals ,Rule 3.850 Motions Sentence Corrections New Trials Federal Habeas Corpus Petitions 412 East Madison Street, Suite 1111 , Tampa, Florida, 33602 (813) 226-3138 . Fax'(813) 221-2182 Email: lorenrhoton@rhotonpostconviction.com Website: www.rhotonpostconviction.com The hiring of a lawyer is an important decision that should not be based solely on advertisements. Before you decide, ask us to send you tree written information about our qualifications. BUY THE BOOK - ON SALE NOW POSTCONVICTION RELIEF FOR THE FLORIDA PRISONER A Compilation ofSelected Postconviction Corner Articles A collection of Loren Rhoton's Postconviction Corner articles is now available in one . convenient book geared towards Florida inmates seeking justice in their cases. Insights basea on professional experience, case citations, and references to the relevant roles of procedure are provided. This book, is specifically directed toward those pursuing postconviction relief. To order, send $20.00 in the form of a money Qrder, cashier's check or inmate or personal checks please) to the 'address above, or bank check (no stamp's, cash . order online at www.rhotonpostconvicfjon.com•. . 8 POST CONVICTION CORNER \, ...... by Loren Rhoton, Esq. , My articles usually focus on specific issues relating to postconviction cases. One of the'main areas that arise iIi postconviction cases relates to ineffective assistance oftrial counsel. The right of an accused to counsel is beyond question a fundamental right. See, e.g., Gideon v. Wainwright, 372 U.S. at 344,83 S.Ct. 792, (liThe right of one charged with a crime to counsel may not be deemed fundamental and essential·to fair trials in some countries, but it is in ours."). Without counsel the right to a fair trial itselfwould be of little consequence. United .States v. Ash, 413 U.S. 300 (1973); for it is through counsel that the accused secures his other rights. Maine v. Moulton, 474 U.S. 159 (1985); See also: Schaefer, Federalism and State Criminal Procedure, 70 Harv.L.Rev.l,8 (1956); ("of all the rights that an accused person has, the right ~o be represented by counsel is by far the most pervasive, for it affects his ability to assert any other rights he may have."). It is well entrenched that this right to counsel is the right to effective assistance of counsel. Evitts v. Lucey, 469 U.S. 387 (1985); Strickland v. Washington, 466 U.S. 668 (1984). In this article, instead. of focusing in depth on just one issue, I would like to give a list of potential ineffectiveness of counsel issues with cites to relevant cases. As with all of my articles, I recommend that the cases which are cited are checked by the reader to make sure that they are applicable' to your particular case. With that being said, here is a list of some potential ineffectiveness of counsel issues: . . -Counsel's Conflict ofInterests- Lee v. State, 690 Sd.2d 664 (Fla. 1st DCA 1997); Cuyler v. Sullivan, 446 U.S. 335 (1980) [An actual conflict of interest on the part of trial counsel can impair the perfonnance of a lawyer and ultimately result in a finding that the defendant did not receive effective assistance of counsel]. State v. Coney, 845 S·0.2d 120, 133 (Fla.,2003) [Once a·defendant satisfies both prongs ofthe Cuyler test, prejudice is presumed and the defendant is entitled to reliefJ~ Alessi v. State, 969 So.2d 430 (Fla. 51b DCA 2007) [Gives in depth analysis to the conflict question and addresses the type of conflicts which Florida has . recognized under Cuyler v. Sullivan analysis]. . -Counsel Conc,eding Client's Guilt- Although an attorney has the right to 9 Florida Prison Legal Penpectives make tac.tical decisions regarding trial strategy, the detennination to plead guilty or not guilty in a criminal matter is a matter which is left completely to the defendant. Nixon v. Singletaly, 758 So.2d 618 (Fla. 2000). The Due Process Clause of the United States, Constitution' does not permit an attorney to admits facts at trial that amount to a guilty pl~a without the client's ' consent. Brookhart v. Janis, 384 U.S. 1 (1966). The constitutional right of a criminal defendant to.plead'not guilty entails the obligation of his attorney to structure the trial of the case around his clienfs plea. Wiley v. Sowders, ' ,647 F.2d 642 (6th Cir., 1981). And, where defense counsel admits guilt without his client's consent, and thereby fails to subject the prosecution's case to meaningfUl adversarial testing" such a defendant is denied of his right to effective assistance of counsel and prejudice to said defendant is presumed. Nixon v. Singletary, 758 So.2d 618 (Fla. 2000). -Counsel's Failure to Move to SuppressPhysiqal Evidence-. A trial attorney's (ailure to move to suppress evidence against a d~fend~t can constitute ineffe'ctive assistance of counsel. Kimmelman v. Morrison, 477 U~S. 365, 91 L.Ed. 2d 305, 106 S.Ct 2574 (1986). -Counsel's Failure to Move to SUJl.Press Confession- Jenrette v. State, 761 So.2d 41 ~ (Fla. 2nd DCA 2000) [postc~nviction claim that counsel was ineffective in failing to move to suppress defendant's confession was facially sufficient where defendant stated that he advised coun$el that his ;' confession was made while he was in custody but before he was advised of M!randa rights and that he would not have pled guilty to the charge if his coun~el had moved to suppress said confession]., Stancley, State,.917 So.2d 911 (Fla. 4th DCA 2005) [When a defendant alleges thai his attorney was ineffective for failing to move to suppress a confession based upon :faulty Miranda warnings, such an allegation states a faci~ly sufficient claim ofinei7ectiveness of counsel]. " -Iwoluntqry Plea Due to Misadvice ofCounsel- A guilty plea is not voluntary or intelligent if advice given by defense counsel, and on which a defendant relies in entering a plea, falls below a level of reasonable competence such that the defen<lant does not receive effective assistance of counsel. u.s. v. Loughery, 908 F.2d 1014 (D.C. Cit. 1990). The misadvice oran attorney, in the plea context, as to how long the defendant will have to actUally serve on a sentence can constitute ineffective assistance of counsel. Gartnon v. Lockhart, 938 F.2d 120 (8 th . Cir. 1991))/ A defendant's guilty I 10 Florida Prison Legal Penpectives plea is considered involuntary ifit is induced by a defense counsel's promise which is not kept, and a defendant may withdraw his plea if he was misled and induced to plead by his counsel's mistaICen advice. Ricardo v. ~, 647 So.2d 287 (pIa 2nd DCA 1994). . . -Cumulative Impact q,fDefense Attornev 's Deficiencies- The cumulative impact of a defense attorney's deficiencies at trial can. prejudice a defendant and thus deprive him of his Sixth Amendment right to effective assistance of counse.1. Harris by and through Ramseyer v. Wood, 64 F.3d 1432 (9th Cir. 1995);.see also, Mak v. Blodgett, 970 F.2d 614 (9th Cir.1992). ["...significant errors occurred that, considered oumulatively, compel affirmance of the district court's grant of habeas corpus as to the sentence of death."); see also, Cooper v. Fitzsimmons, 586 F.2d 1325 (9th Cir. 1972) ["prejudice may result from cumulative impact ofmultiple deficiencies."]. This is so even where no single error of omission of the counsel, standing alone, significantly impairs the defense. Ewing v. Williams, 596 F.2d 391 (9th Cir. 1979). See also, HellO' v. State~ 652 So.2d 1263 (4th DCA 1995). . -Counsel's Failure to Present Mitigation Evidence at Sentencing- Asay v. State, 769 So.2d 974 (Fla. 2000) [counsel m~y be ineffective for failing to investigate mitigating circumstances where substantial mitigating evidence. could have been presented]; Reed v. State, 795 So.2d 140 (Fla. 5th DCA. 2001) [petitioner's claim for ineffective assistance of counsel based on counsel's failure to investigate and pr~sent mitigating evidence prior to sentencing was facially sufficient, and-thus he was entitled to hearing on . petition, where petitioner had history of medical and psychological problems, petitioner alleged he was released from mental health facility after suicide attempt day before committing burglary, assault, and grand theft, and petitioner's guilty plea allowed for possibility of lesser sentence if . mitigating evidence. were presented]; .and; Williams v. State, 529 U.S. 362 (2000) [ineffectiveness of counsel demonstrated were defense counsel failed to present substantial mitigating evidence at sentencing and where; but for counsel's errors, there was a reasonable probability that the outcome ofthe sentencing would have been different]. The above examples are but a few of the available issues relating to ineffective assistance of counsel. It is in no way exhaustive. If any ofthe above issues look like they may be applicable to a particular case, it is.recommended . ~ 11 Fltirida'Prisoo· Legal Perspectives that further legal research should be conducted. The examples are merely instructive and hopefully may have enlightened some ofrity"readers as to 'potential issues which may he available. Nevertheless, this article' 'may he a good starting point for investigating issues fo~ a postconviction motion. In the future; I will endeavor to li~t additional issues which may be pertinent. , , Loren Rhoton is a member in good standing with the Florida Bar and a member ofthe Florida Bar Appellate'Practice Section. Mr. .Rhoton practices almost e~clusively in the po,stconviction/appellate 'area ofthe law, both at the State and Federal Level. He h~ assisted hundreds ofincarceratedpersons with their cases and has numerous 'written appellate opinions.• , , . " , ExPER.JE~CED CRIMINAL DEFENSE ATTORNEY AVAILABLE FOR STATE AND FEDERAL POST-CONVICTION MATTERS * Admitted to the Florida' Bar in .1973 . * Over thirty years experience in ~~ practice of criminal Law * Providing representation in DirectAppeal~,Belated Appeals, 3.850 motions, 3.800 motions, 2255 motions, ~tate and Federal Habeas Corpus Petitions, Detainer Issues, and other Postconvicti,on ¥a~ers. , . Inquiries to: I • Law Offices,of ,Vanier'D.!M.tizar 2153 Lee. . Winter Pari, :fL 32789 'fo((:free 'fet 1-888-645-5352' 'fet (407J 645-5352 . ::fax: (407) 645-3224 . 'Roaa . = ThG hiring of a ~awyor is an ilI;lortAn~ dac1D1on tha~Qhou1d no~ 1)Q based lIolely, Upona4verUIIOIIlQDU. Bofore you doc1do, aolt us oend you frOG infoamUon Abou~ our qualUioaUona andexpor1once. 12 . - - _ .. - Florida Prison 'L,ega. Penpectives NEWS~RIEF AR- Officials'are planning to open a high-security, penitentiary after a study released on January 24,·2008. The penitentiary would be at the Federal' Correctional' ComplexForrest City where the Federal Bureau of Prisons already operates three prisons that house about 4,000 prisoners. The new facility could add about 1,000 prisoners. ~ CA- On January 10, 2008, Gov. Arnold Schwarzenegger released his state budget proposal that' would begin in July 2008. One proposal calls for the early release of 22~000 prisoners. CA- On January I, 2008, Sara Jane Moore, 77, was paroled from a federal prison near San Francisco. No details were offered by prison officials for paroling her. Moore was convicted and sentenced to life in prison for an assassination attempt on President Gerald Ford on Sept. 22, 1975. Moore served 32 years in prison before being paroled. CO- Police released a statement on January 27, 2008, that Diago OlmosAlcalde, 38, had been arrested after a DNA 'match on a 1997 rape, murder" and kidnapping. Alcalde was a Wyoming prison parolee at the time ofhis arrest. CO- Jessica Duran filed a lawsuit against Mesa County officials on January 16, 2008, claiming that her privacy and civil rights were violated. Duran argues that guards passed around nude photos of her she sent to ,her husband while he was incarcerated at the jail. 'And as a result, she' suffered emotional , fdistress and humiliation. Jail officials respond by arguing that dtey open 1 catch woods near the Longhorn Saloon' at about 3:30 a.~ DE- The guardian and a . 17 year old FL- In 'March '08 Tiffany Cole, 26, itirl mistakenly .released from the New CaStle Detention Center turned themselves in on February '3, 2008. The guardian' was asked by 'jail officials if she was a group home 'worker, whim she replied she was, guards let her and the 17 year old go. , Jail guai'ds called authorities after a true group home worker arrived looking for th~ girl. officially became the only person on' Flori,da's female death row. Cole received the death penalty after being convicted ofthe robbery, kidnapping and murders of Reggie and Carol Sumner, both 61. The couple's bodies were found in a shallow grave' aeross the'border in Georgia in 2005. Three ofthe four people arrested in the case received 'the death penalty. Cole's boyfriend, Mi~hael Jackson, and Alan Wade also received a death sentence. The forth, Bruce Nixon, received .55 years in prison for testifying against the others. Cole is being housed at the Lowell CI annex where the female· death row is located. , inmate mail' contraband. only to DE- Calvin Harmon, 44, .escaped from DOC personnel on January 6, 2008;' at the Beebe Medical Center where he was being treated for a , medical condition.. Officials say that Harmon was ~ought to be changing into hospital garb, however, he eluded staff. ' FL- As of April 20, '08, 'postcards , are the only type .of pe~onal mail Hillsborough County' sheriffs that prisoners in the Lee County, officers ,0, were suspended for Florida, jail are allowed to receive. purposely tipping a paralyzed man Pictures are required to be printed on out ofhis wheelchair onto ajailhouse postcards, if sent,' and envelopes floor, said authorities. A surveillance 'containing any other correspondence, footage taken on January 29, 2008 ' aren't' allowed unless they' contain shows deputy Charlotte Marshalllegal correspondence. The new Jones, 44, dumping Brian Sterner out policy was enacted in response to a of . his .wheelchair. 'Sterner was biohazard threat that locked down , arrested on a warrant for a traffic the Charlotte County Jail in February , violation: 'Three officers were placed when a mail clerk fell ill after on ..administrative leave 'pending an opening a letter containing a white . investigation, Jones was suspended powder substance. The Charlotte Co. without pay. The names of the three Jail has not restricted prisoners mail other officers were'not released. ' following that incident, unlike neighboring Lee County. It is FL- Lake City officials arrested , doubtful the Lee County restriction David Lee Sweet, 51, on January 30, will last long, p~soilers, especially 2008, while checking a business area those in jail awaiting trial, retain because 'of 'recent burglaries. Sweet significant· protections of First had escaped during the' month of Amendment rights. and if not December 2007 from the Georgia ~oluntarily lifted; the mail restriction DOC and ~as found hiding in the will likely be challenged in court. ~ . On February ,13, 2008, four 13 Florida PrisoD' Legal Pe'rspectives' FL- A Miami state judge sentenced fonner Miami police officer, Michael Ragusa,')2, to 10 years in prison on February 12, 2008. The former police officer entered a guilty plea to rape and kidnapping charges. Ragusa Was accused of. sexually assaulting three women in Miami Beach, 'last year, while he was in unlfonn,and in hjs patrol car. " " FLo The Justice Eq~ality. Human Dignity Tolerance Fo,undatton announced on February '12, 2008, that the former DOC secre~, Jim McDonough. had accep.ted ~ posiqon with the New York-based foundation that promotes, crUD,inal' ju~ice ,re{()rm., McDonough ~,named. ,a senior fellow for the foundation. T1}e foundation, which was c;~ed, I in 2000, has over,SI million iJ)v~te~ in projects in Flori4a, including mental health 'issues for people ..jn. the criminal justice syst~ and,juveni,le justice reform. ' FLo During the first week. "of , February 2008, Tajuane Dubose, 19, a Duval County Jail 'inmate, .was , charged with a nljsdemeanor .offense of viola(mg jail rules. Jail officials say that Dubose was chai'ge~ because of six, disciplinary repo{tS, ~e received for disrespecting officials, disobeying orders, and damag~n.g city property!,Dubose is bejog hel4 at~e jail awaiting;: t}ial for a mu~er charge. '"., J, . . ' FL- On February 9,2008, Kutana Woods was fired· from the Juvenile Facility Xouth ~Ac8demy . for unnecessarily intervening in,~ verbal de-escalating dispute ~eeo st8ff and a tee"ag~ inmate! Otlicial$ ~y that Woods used an unne~ degree of force ~t caused the' 16 year old inmate broken, shoulder. Woods w8.l!, a mental .health ~chnician at the facility. The name ofthe 16 year old was notreleased. a' FL- Two Columbi.a County Jail inmates, Anthony W~. 34, and 14 the women said she had sex with 'the Michaek Chaumont, 33, are bei.ng charged with escape, battery on a law ' fonnerpolice chief after he promised enforcement officer. and false I~nien~y 'for: her husband in a drunkeil-driving . case. Prosecutors imprisonment. The charges stem from an incident that took place on' had ~nitially charged Yates with rape. January 24, 2008. The two JIUI inmates tried to escape and four other m- Goy': Lingle requested' .federal money to put up temporary tent-like inPUltes halted the escape. The names of the four inmates. were;,not structures-on the Big island, Maui, released. The four jail inmates were and Kauai in Hawaii, after jail trusties. Officials say that at lawmakers on the outlying islands around 1:00 a.m., ari offiCer went.to opposed building a new permanent .another, section", to check on a prison. l1tis announcement was disturbance. when the two inmates made on January 30, 2008, and came : came up. behind him' and 8rab~ed : in. effort to' ease p~isoner him iD a bear hug. The two took the overcrowding. officer's keys.' locked' him in the IA- A federal lawsuit was filed on dorm and tried to .~caPe through a f\fC exit where they were ,stopped by January 31, 2008, by Lisa 'Lambert ,the f~ur;trusties. ' asserting that the Woodburg County Jail violated her constitutional rights FL- On February, 1, 2008, Shaun for s,trip searc~ing her. Lambert had Mcf.adden, 26, was arrested on two bl;en arrested on' a simple counts of misconduct With female misdemeanor. domestic abuse and " iD~a~' he transported. McFadden claimed that the strip search was .worked with the -prisoner. transport _demeaning, dehumanizing, and company Transcor. One of, the humiliating: inmates call1=(! authorities and notified them that McFadden had IA- DOC. is beefing up security at taken them to 'hotel ,md. had sex the Oakdale prison officials with the two. Jail officials say he announced on January 7, 2008. Hightech fences and outdoor lighting will "picked ilp the twQ. female inmates and told o~ci~s he was taking them be installed to prevent escapes at a to a local hospital because they cost of two million. Officials plan to complete construction by early ~!!d~'t been cleared m~ically for summer 2008. transport and l1~ed ppysicals. ,Authorities ~ocated McFadden and a female inmate in the hotel room. . IN- A prisoner who spent more than two decades in prison for the murder , of' an 89 year old' woman was exonerated on January 28, 2008, GA- ..On _January.6, ~Ob8, a -fonner after. a new DNA test. David Scott, offacer". Michelle correctional 39, left the Vigo County Courthouse ,Robinson, Was sentenced 10 three years probation. Authorities' Say ,that a free man after a judge ordered his release. Officials say that another, ill.July 2008, ~obinson ~as, caught man has been arrested for the having sex with a prisoner .at the Coweta -CQunty ~risori. ,_ She plead murder. guilty to violating her oath of office ,to avoid se~aI assault charges. KY- A former state police trooper, who in 2005 admitted that he 'forced GA- David Yates, 42. the former an undercover informant to kiss him LUthem.ilIe' . police chief, ' was and tried to persuade a fellow state sentenced to five years .in prison after trooper to lie to a federal grand jury entering a guilty plea on Febl'WlJi about the incident, was sentenced \0 14", 2008,to, coercing, sexual 10months in prison.Jason O'Bannon encounters with two women. One of plead guilty on January 17, 2008, to an a Florida Prison Legal Penpectwes witness tampering .and violating the infonnant's civil rights. KY- During the last week of January 2008, three fonner Grant County }ail guards plead not gUiltY to encouraging a SfOUP of inmates to rape another inmate who was 17 years old and cover it up. The three guards are Clinton Shawn Sydnor, Wesley Lanham, and Shawn Freeman. The charges against the three, include conspiracy against rights and deprivation ofrightS under ' color of law. LA- On December 30, 2007, police arrested one of six teens who had escaped' two weeks prior from the 'Youth Study Center. Three of the teens were captured the same day, while two remained at huge. In the last 15 months there have been three escapes at the Center. LA- A prisoner who spent almost 26 years in prison for a rape he did not cOmmit was released on January IS, 2008, based on DNA tests. Rickey Johnson, 52 had been arrested in 1982 and at the time DNA testing Wasn't available. MD- A prisoner who was receiving medical treatment at the Laurel Regional Hospital escaped after he overpowered guards.' bfficials say that Kelvin Poke" 45, briefly took a worker hostage before stealing two getaway cars on January 2, 2008. Poke made his way:outside and shot out the window of a car, then drove away. Thirty miles away police found him and Poke tried to flee. Poke 'then got out of the car and opened fare on' officers who shot back and killed him. The hostage was not seriously injured. Authorities gave no infonnation as to where Poke was serving time. ME- The York County Jail and the Maine Civil Liberties Union have settled a federal lawsuit filed by tltree inmates'lbat were foreed to clean up a' bloody cell in 2006 without safeguards. On February 26, 2008, the jail agreed it no longer force inmates to clean, up blood spills without proper triiining or protection. complaint against the county sheriff in 2005 for emotional injury claiming he found worms in his food prepared by the Aramark Company. Mo- NJ- Union County Jail guards took will A, prisoner at a St. Louis prison, Nonnan Lee Toler, filed a lawsuit on Jil;nuary 6, 2008, claiming his soul 'is at stake because he is Jewish and prison officials refused to serve him with kosher meals in prison. Officials argue'that Toler was once labeled a white 'supremacist, was found with photos of Hitler, and has Nazi-inspired tattoos. MS- In Feb. '08 a fonner guard at the federal prison in yazoo County was sentenced to 25 months in prisolt ·himself for providing cigarettes to it prisoner for' mon~y.' The former guard, Victor Dean, pleaded guilty in December to bringing five cartons of cigarettes to.the prisoner for $1~OOO which was wired tQ a friend of, Dean's. '. 20 hours to notice that two inmates had escaped during' the month of . December 2007. One inmate- was captured on January' 8, 2008 in' 8 basement apartment one mile away from the jail, while the second inmate, was reported to be in custody the next day at Mexico City. NJ- A Middlesex County Jail Inmate who tried to escape on January 19, 2008, will be charged with escape, said authorities. Timothy Petties, 20, was unable to leave the jail. Officials say that Petties crawled into the ventilation system where he stayed for'two days. Jail guards found him using a thermal imaging camera that detected his body heat. N1.W- Officials ch4lrged Tom Havel, 54, who was the head ofthe San Juan County Detention 'Center, with NC- A prisoner trying to escape was killed by guards on JanuarY 22, 2008, - kidnapping, aggravated' battery, and at the' Johnston Correctional intimidation of a witness. The Institution. Officials say that Adelino charges were brought against him on Nejera scaled twa fences surrounding January IS, 2008. Authorities say a paint plant and ilP'0red ,several \ Havel beat his wife and held her against her will. Havel was placed on commands to stop before being shot. Nejera was serving a '10 year paid leave pending the outcome of sentence' for a second degree 'murder the charges. conviction in 200 I. NM- The Bernalillo County ND- Jail inmates from the Rolette Metropolitari Detention Center County Jail were m'oved to other decided on January 10, 2008, not to facilit~es on'January 9, 2008, after lin accept prisoners who have inspection conducted during' the committed .technical parole month of'· December -2007. The violations. This move came in an inspection concluded that officers, at effort to cut cost and make space. the'jail lacked training. Only one'out Officials claim that technical parole of eight guards had completed the violators are the responsibility of the required 120 hour state training faciHty that released them. program. NV- Prisoners will be transferred to NE- A Madison Count)' jail impale, other prisons from the SaO-bed Emilio Paron, had his lawsuit Southern Nevada Correctional dismissed' on January 2, 2008, 'for Center announced the head' of DOC failing, to prove deliberate on 'January IS, 2008. This will take indifference to his health and safety. place in July 2008 and is part of a Paron had filed a .civil rights plan to cut prison spending by $25 15 Flori~a million. The director said that this closure will save $11.5 million. NV- During the first week ofJanuary 2008, legislation was enacted to try to reduce prison overcrowding. David Smith, member of the State Parole Board. said that 1.600 prisoners will be eligible for parole hearings in February. This number is more than double the hearings held monthly for parole eligible prisoners. a NV- In a jail that has a capacity of about 2.800 inmates:, with an average of two fights a day, TV helps calm the angry masses, said the Las Vegas Sun. The Sun reported on the Clark County Detention Center during the second week of January 2008. The . jail is about 700 inmates over capacity, however, gangs and rivals are able to sit together nicely and it keeps their mind occupied,· reported the Sun. NV- On February 28, 2008, a fonner Clark County Jail' inmate. Daimon' Hoyt, 42, pleaded not guilty to charges of trying to hire a hit man to kill the judge, assigned to his case, the prosecutor, and' a police detective. Officials. say that Hoyt offered .to pay a fellow jail inmate $10,000 for each killing.. OR- After Major Frank Jackson pledged to crack down on officer misconduct in 2006, more police officers and jail guards. were disciplined in 2007 than in the last seven years, said a report released on' December 30, 2007 by The Plain . Dealer. In 2007, 25 officers were given reprimand letters. retraining, and unpaid suspensions or w~re dismissed. OR- DOC officials said on January 27, 2008, that they plan to add about 450 prisoners to two prisons in Dayton. This move came in an attempt to ease crowding at the Ohio Correctional Institution. These additions will bring both prisons to almost 150% capacity and half ofthe 16 Prison Legal Penpectives cells will have double bunks. Officials say that 32 prisons designed for about 37.000. prisoners are holding almost 50,000 prisoners. service weapon during an arguplent at their home. Lugo in recent years , hadmad~ two domestic abuse complaints against the officer. OR- Ajudge on February 27, 2008, sentenced. Bobby Cutts. to life in prison widl a chance of parole after 57 years. Cutts was a fonner police officer who was charged with killing his pregnant lover, Jessie Davis, 26, and her fetus' in June 2007. The fonner cop claimed that the murder was an accident during an argument. The jury spared Cutts' of the death penalty. PR- A Puerto Rico DOC employee was fo~nd murdered on January 2, 2008, in ~e town of Taa Baja. Officials say that Ana Diaz VBzquez, SO, wBs found dead in the back ofher ford explorer with multiple stab wounds. Police are investigating a prisoner who did time where VBzquez worked who officials believe killed her. The fonner . prisoner's name w~ not releas~. OK- Authorities charged Custer County Sheriff Mike Burgess with coercing and bribing, female. prisoners so he could use them in a sex-slave operation run out of the county jail. Burgess resigned Apr. 16, '08, just as .state prosecutors filed 35 felony charges against him, including 14 counts of second-degree rape, seven counts of forcible oral sodomy and five counts of bribery by a public official. . RI- The DOC announced that on January 6, 2008, 20 prisoners at a· minimum security prison at Cranston reCeived disciplinary action for participating in an ultimate fighting contest The prisoners claimed they were gathering in a donn room to play chess, however, offiCers later noticed prisoners with bruises,. on their heads and knuckles. OK- The head of DOC, Justin Jones, announced on February 14, 2008, that prisons in Oklahoma had reached 98.6% of capacity one week prior. Jones called o!' lawmakers to provide funding to buy new private prison bed space. RI- A jury acquitted Ernest Spaziano, a state prison correctional officer, of assaulting a prisoner on January'31, 2008. Spaziano had been charged with a misdemeanor charge of simple assault. The incident took place two years ago. Officials did not say where Spaziano worked nor gave the name ofthe prisoner assaulted. PR- A Puerto Rico police officer, Edwin Davila Negron, 41, turned himself in on January 6, 2008, hours later after he shot and critically wounded his wife, Maribel Alvarez, 35, who was also an officer. The incident took place in the town of Niguabo and came during· an argument. between the two in. their home. Officials say that Negron used his service weapon in the shooting.. SC- An undercover officer captured Te11Y Lowry, 59, who had escaped on January IS. 2008, from the Federal Correctional Institution in Estill. Officials say that Lowry was waiting for a friend of a friend to pick. him up, when he inadvertently got into a truck with the undercover officer who had him under surveillance. His arrest took place five days after he eScaped. PR- On Jan~ary 13, 2008, Carlos Ranios Santiago, 37. a Puerto Rico police. officer, was arrested for killing his wife, Deborah Berrocales Lugo. Authorities say Santiago confessed killing Lugo with his UT- After a prisoner escaped from a doctor's office that left a prison guard dead in June 2007, prison officials have been leading to more specialized treatments inside the state's prison system. During the Florida Prison Legal Perspectives month 'of Decemb~r 2007, state prisons began hemodialysis for fiye prisoners with kidney failure. UT- In an effort to ward off lawsuits after being exonerated from a wrongful conviction, the state Senate' approved a bill that would give, an exonerated .person the average salary of a state worker, now $35.000 a • year. The bill was approved on January 22, 2008, but a cap was included to pay only for a maximum of 15 years for a wron~ful conviction. VA- The chairman of the Virginia State Crime Commission said in a statement released on January, 13. 2008, that the state must build one prison a year. According to the statement, the prison population ,is likely to grow about 6,700 in the next five years. This would bring t~e total prison population to abOut 44,700. A haJf-dozen m~or ,prison ·projects costing about $300 million are in ,the works to accommodate the increase. VA- State officials announced on February 27, 2008, that a $62 million maximum-security center for behavior rehabilitation was opened for violent sex offenders. The facility will hold about 300 sexually violent people who have .completed their prison sentence and were determined in civil-commitment proceedings to be public-safety risks. VI- Elwood York, the head of the Virgin ISlands' prison system resigned on December 30. 2007. His resignation ends a 10-year tenure during which ,the island was chastised by a federal court for neglecting mentally ill prisoners. , VT- Vermont state prisoners have filed a class-action lawsuit against the VT DOC claiming that a fooa called "Nutraloaf" is so disgusting it should be considered cruel and unusual punishment. The loaf, which is served to prisoners who have allegedly thrown their regular food trays put. of their cells ,or used the trays or utensils weapons, is , according to prispn officials, made, out of bread, vegetables and powdered milk baked into a loaf. Prisoners, however, say the nasty. uneatable loaf is used fol' punishment and sho~ld therefore only be served after, a formal' heai:ng is held ,~ determine if a prisoner actually committed an otIenseor" whether guards were just lying to get them on the loaf. An attorney representing ~e prisonerS, Seth Lipsclt~iz, said, "Even in prison you get a little bit of' due process." as' WI- A prisoner, Stuart Ellanspn, 38. who held a dental worker in a storage room, for about 5 Vz" hours' at the Waupun Correctionallnstitution~was sentenced on January 14. 2008 to 15 . years. Ellanson was, already serving life before the incident. took· place. The dental worker was rel~ unharmed. WI- In remanding a case back to the lower court on January 29, 2008. the District One Court, of'Appeals held that Milwauk~e CQunty must compensate thousands of inmates who were held for days in poor conditions at its jail. The, conditions include: overcrowding, s.l~ping ~n the floor next to urinals. and staying in bug-infested areas. The DCA will let, the lower court determine the amount the inmates will be paid. , WV- DOC officials announced on January 16,'2008. that the prison cOSt has almost doubled in the last seven years. In 2000 the cos~ was $7 t 7 million and in 2007 513.6 million. Officials say a 37% increaso in the prison population and health care for prisoners eats up around 14% of the annual budget. Law makers have considered adding 'around' $15 million to the next fiscal' year's budget. . " state. who was a snitch. has been settled. The snitch filed a lawsuit claiming that he was beaten and sexually assaulted by another prisoner at the Rawlins State Prison. Moreover. he told prison officials he feared retaliation for, snitching on his cousin, who was at the same prison. and officials housed them together while 'refusing to transfer him. The • name of the snitch was not released and details about the settlement were being kept confidential WY- Wyoming state pai<i $350.000 to settle a lawsuit ijled by a,former prisoner who claimed that he had been sexually assaulted and beaten by another prisoner at the state prison. The WY attorney general and plaintiffs attorney had declin~ to release the pay~ent amoUnt. The AP had to a public records request to obtain the information in Feb. See above WY article. _ file ;'.~G .' 'INcARCERATEDSERVICES :,-;: ,.:.-. o~."'~~-,~~.~,{.-&~..:..~~~r~ ~ """"'~'.t X'Jenifer"" odwinX; . state announced that a lawsuit filed by a former prisoner against the .. oVER, 12 y~ , • ~ I ; ,. . Adv cy •: ,Internet esearch : j • • lASSIFICAnON ' : lenatlon •. ! lculatlon: e Breakdown . 'Custody , Release Oa ;, Sentence StnJ " " WO'"" ~Iease . ,~ . ,:Parole Hearl , Transition ~;\~2'1rMlstel Iblllty/Crlterla ' Preparation slstall'E! ; , ~ eous,$$i'!&% \,: P.o. ,386 QuinCy, F~~a 32353 Oteclc wIth ycur dasslllcaUOn olflalr llnd the fOOC central office first. If ycu stili have questlons, wrllllll Iettel wltlt II brief GlllllaMlIciII of ycur s/tWIlIon, lind tYPo of DSSlstDnce requested, endoso W)!- On December 30. 2007. the , HELPING YOU B~CETHE SCALES II $10' a_ment fee for a response. We are not attorneys, and therefore do not provldo legal CDURSo! or representation, lind will not Ilorform any 50fVtees In YlolAtion of FooC rules and rClllullltions. 17 Florida Prison Lega. Perspectives Resource List Aprll2008 Office of Vital Statistics POBox210· . Jacksonville, FL 32231·0042. 904 1359-6900 " FLORIDA Government Governor (Charlie Crist) PIA5, The Capitol Tallahassee, FL 32399-0001 Maintains state birtWdeath certijicates. etc, 850/~88-4441 www.myOorida.com Parole Commission • 2601 Blair Stone Rd" Bldg. C Tallahassee, FL 32399·2450 . 850/922-0000 Attorney General PIAl, The Capitol Tallahassee, FL 32399-1050 850/487-1963 www.oM.state.fl.US www.mc.s~e.fl.us •Public Service Commission 2540 Shumard Oak Blvd, Tallahassee, FL 32399-o8S0 ·8S0/413-605S www .floridapsc,~oin Department ofCorrections /. Secretary Walt McNeil . 2601 Blair Stone Rd, Tallahassee, FL 32399·2500 850/488-7480 ., www,dc,st8te,fl,us' \.,. · Regulates in-state utilities. including telephone services. Department ofHealth . ., 2585 Merchants Row Blvd.' . , Tallahassee, FL 32399 850/245-4321 www,doh,stlte,fl!us' . Department' ,of (poLE). Florida House of Representatives 402 S. Moriroe Street Tallahassee, FL 32399-1300 850/488-1157 (Clerk) . www;flhouse.gov taw, ,EnforCement ..' , Florida Senate 404 S. Monroe Street Tallihassee, FL 32399-1100 850/487-5270 (Secretary) www,flsenate,gQv POBox 1489 Tallahassee, FL 32302-1489 850/410-7000 www:fdle.state,fl,us Department ofState , PL-02, The Capitol Tallahassee, FL 32399-0250 850/245-6500 " www.dos.state.fl.us Websites contallisoll lIa1e agencies' rules (Florida Admlnlrtrative Code) and "Florida Administrative. Weekly" detailing current agency rulemaJdng 1"'0. . Office ofExecutive Clemency (parole Commission) 2601 Blair StOne ad. . Bldg. C. Room 229 Tallahassee, FL 32399-2450 8501488-2952 .' { Websites contain contact 1"'0 for all state legislalors; a copy of all current Florida laws (statutes); and bills thai have been introduced in the Legislature and their history, including in many instances "staff analyses" valuable for understanding legislaiive intent. , Services: Membership-based organization. Provides information advocacy to state prisoners and their families and advocaies, Conducts grassroots organizing of prisoners' families and handles impact /itigation' concerning civil rights / administrative law affecting prisoners, their families and children, Publishes bl-montlily news journal.. "Florida Prison Legal Perspectives. It Florida Justice Institute 2870 First Union Financial Ctr. 200 S. Biscayne Blvd. Miami, FL 33131-2310 30S/358-2081 Fax: 30S/358-o910 . www.FloridaLawHelp.com Services,' Handles civil rights /itigation concerning jail / prison conditions. Makes rej'e"aIs for damage / civil-rights cases, Prison. advocacy. lobbying. develops strategies for alternatives to incarceration. Florida Institutional Legal Ser., Inc, 1110-C NW 8111 Street . Gainesville, FL 32601 35219SS-2260 Fax: 35219SS-2189 . www.criminaljusticeforum.comlPrisonIssues-FifesIFILS 8.ervlces: Legal ass/stances to Florida s(ate prisoners. Post conviction assistance to three prisons only: FSP, UCI and FCl Impact lit/gation: conditions of confinement, civil rights, ,,!edical, etc, Some individual services. JAG Incarcerated Services P,O. Box 386 (FPLP) Quincy, FL 32353 FLORIDA Legal Aid / Advocacy,Organizations Florida Prisoners' Legal Aid Org" Inc.. POBox 1069 .. Marion NC 28752 www.floridaprisons.net mlp@aol,cqm Services: Prov;ces assistance/adVocacy on Florida DOC/Parole matters. Write for info on s.ervices and rates, FLORIDA Attorneys Loren Rhoton, Attorney Rhoton &. Hayman, P.A, 18 Florida Pris~D Legall Penp~ctives 412 E. Madison St., Ste. 1111 Tampa, FL 33602 813/226-3138 E-mail: motonI67@ao\.com . Specializes in Florida post conviction, direct appeals, sentence corrections, new trials. federal habeas corpus, 3.850, 3.800 ' David W. Collins, Attorney POBox 541 Monticello, FL 3'2345 850/997-8111 Specializes in all area ofpost conviction relief, including, app~als, 3.850,3.800 state-federal J!abeas corpus, parole hearings, clemency; etc. Daniel D. Mazar, Attorney 2153 Lee Road Winter Park, FL 32789 1-888-64S-53S2(Toll free) 407/645-5352 407/645-3224 (Fax) Provides representation in Direct Appeals, Belated Appeals, 3.850 motions, 3.800 motions, State and Fed Habeas Corpus, Detainers, and other Post Conviction matters. Over 30 yrs. expo In criminal law. Michael Ufferman, Attorney 2022-1 Raymond Diehl Rd Tallahassee, FL 32308 850/386-2345 www.uffermanlaw.com Provides representation in State and Federal Criminal POst Conviction Motions. Payment plans av~i/able. -The hiring of an al/orney is an important decision that should not be based solely upon aavertisements. Before you decide. ask the aUorney to send you free written information about their qualifications. FLORIDA BooksIPublicatlonslJournals l&al Continuing Legal Education Publications (CLE) CLE pub/lcations are produced by the Florida Bar in collaboration with LexisNexis. These are excellent books covering Florida-specific legal topics, such as Administrative Law, Appellate Practice, Family Law, Legal Research Legal Writing, Trial Practice, Civil Law. Rules ofCourt, etc. To obtain more i""o and prices for available publications in ~he CLE series contact: LexisNexis, Attn: 'Order Fu/flllment, 1275 Broadway, Albany, NY /2204 (ph# 800/ 562-//97). Ask for Flo. Bar CLE Publication catalog. "Post Conviction Relief for the Florida Prisoner" ..A collection in book form of Tampa attorney Loren Rhoten's Postconviction comer articles based on professional experience, to relevant rules of procedure. Price $20. To order iend' money order, CQShier's or inmate bank check to Loren Rhoten, Attorney (address listed In "Florida Attorneyt" section abave) or 'Order online at. www.r~Otonpostconviction.com "2007 Manual" Govemment-in-the-sunshine Manual covering Florida Sunshine Laws (open public meetings and records laws) published by The Fir~t Amendment Foundation. Price $15.95 check or money order to: First Amendment Foundation, 336 E. Coliege Ave.,' Ste /0/, Tallahassee, FL·32301. Credit card orders call. 85(J1224-4555 or order online at www.jloridafaf.org Add' 7.5% state sales tox to $15.,95 payment. FLORIDA assistance and referrals to Jewish prisoners and theirfamilies. Kairos Outside 140 N. Orange Ave., #180 Winter Park, FL 32789 407/629-4948 www,kjarosprisonminjstry,or,g .kairosjo@ao!.com Services: Provides men/oring, religious ministry, family reunification sup'port and weekend retreats for female adults with incarceratedlavedones. Prison CoMectiOn, Inc. 18S9 Polo Lake Dr. East Wellington, FL 33414 8881218-8464 www.theprisonconnection.com seeacon@aoJ.com .. NATIONAL' Newsletters/Journals california Prison Focus 2940 161!l Street, Ste. BS San Francisco,CA 94103 wWw.prisons.org Quarterly news journal reports on issues/conditions in CA SHU prisons. Some national info. Prisoners $4 per yr., all others $20. .Sample copy $1. FAMMGram 1612 Ie St., NW, Ste. 1400 Washington, DC 20006 www,famm,org Other G~oups ~ Organizations Citizens United for Alternatives to the Death Penalty 177 N. US Hwy I, Ste. B-297 Teque5t;'FL 33469 Services: Grassroots organizing people opposed to death penalty. of Aleph Institute 9540 Collins Ave. Surfside, FL 33154 305/ 864-5553 . www,aleph-jnstitute,om admjn@aJeph-institute,org Services: education, Provides Jewish .religious emergency counseling, Quarterly news journal focused on fight against mandatory minimum prison sentences. Published by Families Against Mandatory Minimums - a National organization. Prisoners $/0 individuals $25, professionals $50. Membership-based organization. Fortune News 53 W. 231'1I St., 81b Floor New York, NY 10010 www,fortunesocietv,org Quarterly magazine of the Fortune society carrying wide variety of articles and i""o about prisons, prisoners, crimina/justice. rehabilitation, etc, Free to prisonen. 19 ." Florida Prison, Legal re~pectives . I Hepatitis C Awareness News PO Box 41803 Eugene, OR 97404 Coalition for Prisoners,Rights Newsletter P.O. Box 1911 Santa Fe. NM 87504 Bi-monthly newsletter published ~ by hepatitis C Prison Coalition with news and info about Hep C and llIVlHCV,.. Free upon request, but stamp donations needed and. welcomed Prison-related newsletter published montJdy. Free to prisoners and their families. all others S12 per yr. Donations/stamps appreciated to help with publishing/mailing. NATIONAL, . Book Projects Justice Matters . PO Box 40085 Portland, OR 97240-0085 Quarterly newsletter published by the . Western Prison Project. Prisoners $7 . per year, $15 all others. Good resource Info. Prison Legal News . 21190 NW 80lh St. #148 Seattle, WA 98117 Web site: www,pdsonlegalnllws.org Monthly journal carries summaries and analysis ofrecent prisoner rights casu, self-help litigation articles, prisonr~/ated news. Prisoners SI8 per year, S25 others. Sample copy $1. Quarterly selfhelp newsletter covers' (non-prison) civil /ltlgatlon issues..,Two- . year subscription S12. Upendra Dasa P.O, Box 9116 Boise, ID 83707-9116 . 01" Liberation Prison Project P.O. Box 31527 San Francisco. CA 94131 Krishna· ., (' Offers Buddhist materials Human Kfudness Foundation P.O. Box 61619 Durham, NC 27715 Free interfaith spiritual books and., newsletter. 20 Books Through Bars . 4722 Baltimore Ave. Phil~elphia, PA. 19143-3503 Prison Book Program clo.LucyParsons Ctr. & Boo!cstore 1306 Hancock St., Ste 100 Quincy. MA 02169 Nolo News 50 Parker St. Berkeley, CA 94710' Free materials ConsciollSne.u The, following sources provide free books to prisoners. liIowever, these projects rely on volunteers and donations to operate, Whenever possible, prisoners should help these projects when requesting free books by sending a few stamps for postage. . Requests for specific books can rarely be honored, instead, request books by type. e.g. mystery, legal, historical, novel, etc. Requests are usually limited to 2' or 3 books at a time. . . Prison Book Project PO Box 396 Amherst, MA 01004-0396 Prison Book Project P.O. Box 1146 Sharpes, FL 32959 Subterranean Prison Books . 9 E. Gregory Pensacola, FL 3250I Wayward Council Books Gainesville Books for Prisoners P.O. Box 12164 Gainesville. FL 32604 Books 4 Prisoners clo Groundwork's Books .0323 Student Center La Jolla, CA 92037 . Book 'em . P.O. Box 71357 Pittsburg, PA 15213 MEP P.O. Box 5311· Madison, WI 53705 DC Prisoners Book Project P.O. Box 5206 HyattsvilJe~ MD 20782 Bound Together Bookstore Prison Literature Project 1369 Haight St. San Francisco. CA 94117 NATIONAL Resource Lists "ACLU Prisoner Assistance Directory" (Florida prispnerssee Volume 4. of· "Prisoners and the Law" in major institutions' law library-'contains above directory.) , . UResource Directory for Prisonersu Naljor Prison Dhanna Service PO Box 7417· Boulder. CO 80304 .' www.naljor.com . \ ., . (Directory can be printed off·website for free.) "National Prisoner Resource List" . ovailablefree from: '. Prison Book Program 1306 Hancock St, Ste 100 Quincy. MA 02169 "Resource and Organizing Guide" oval/ablefrqm,' Prison activist Resource Center PO Box. 339 Berkeley, CA 94701 . (Donation/stamps requested to help offiet printing/mailing costs.) "Directory of Programs Serving Families ofAdult Offenders" available free from.' National Institute ofCorrections Infonnation Center. , 1860 Industrial Circle. Ste. A Longmont, CO 8050 I NATIONAL Grou,pSJOrganlzations The Sentencing Project Florida Prison Legal Penpective& .www.nationalclemencyprojeet.com ~ 918 F. St., NW, Ste. 501 Washington, DC 20004 2021 628-0871 Services: Provides technical assistance to develop alternative sentencing programs and conducts research on criminal justice .issues.· No direct services to prisoners. Criminon P.O. Box 7727 (FPLP) Clearwater, FL 33758 Providesfree self-help courses. SPR works to end sexual violence against prisoners: Counseling resource guides for prisoners and released rape yictlms and advocates are availablelor: AI., AZ, CA, CO, FL, GA, IL, LA, OK, OR. MI, MS, NC, NY, TX WI or nationwide.· Specify state with request. Vietnam Veterans of America 8605 Cameron St., Ste 400 Silver Spring, MD 20910 www.vva.org Publishes "From Felon to Freedom" a pre-release guide· for· imprisoned veterans. Wrile for more info. Amnesty International, USA Salvation Army P.O. Box 269 Alexandria, VA 22313 322 Eighth Ave. New York, NY 10001 www·amnestv.org Has parole/probation programs .in· almost every major city. Writelor info. AI 'Is an Independent, international organization that works to protect human rights., for Correct HELP P.O..Box 46267 West Hollywood, CA 90046 HIV Hotline 323/822·3838 Provides info related to HIV, Contact If you can't access progrf:!1nS or are not receiving proper medication. ,,- National Death Row Assistance Network ofCURE Claudia Whitman 6TolmanRd. Peaks Island, ME 04108 www,ndran.org NDRAN is a new CURE project formed to help death row prisoners across u.s. gain access to legal, financial and community support and to assist prisoners' efforts to act as selfadvocates. Sun ~ubscriptions 915 Densmore Dr. Winter Park, FL 32792 . Discount magazine subscription service. Write/or price list. . {When· contacting the above discount magazine services, please let them bulw that you learned about them. in Florida· Prison Legal Perspectives.] INTERNET RESOURCES Information on the Internet is available to prisoners with family or mends on the outside ,with online access who will print and lJlail material in. The amount ofinfo on the 'Net' is tremendous. Info on almost any subject can be fOund online. The following lists some websites that .may be useful for info•. LegallLeglslative NATIONAL Services Services: Organizes prisoners and their families to work for criminal justice reform. Many state chapters. National Clemency Project (FPLP) 8624 Camp Columbus Rd. Hixson, TX 37343 Grani Publications Alicc',S. Grant P.O. Box 28812 Greenfield, WI 53228-0812 Discount" magazine subscription service for prisoners; Sf!nd SASEfor price list. , , Stop Prisoner Rape 3325 Wilshire ·Blvd., Ste. 340 Los Angeles, CA 90010 www·sptOrg CURE (Citizens United Rehabilitation ofErrants) National capitol Station PO Box 3210 Washington, DC 20013 2021789-2126 www.cuo;national.org printed from the above website at no cost. General Let My Fingers Do Your Typing PO Box 4178·FPLP Winter Park, FL 32793-4178 www.lawcrawletcom Searches government and other sites for law. Services: Professional typing· services by mail. Computer, typewriter, transcription, black/color printing and photocopying. Free price list upon request. Special rateslor prisoners. www.no!o.com Provides some general legal irifo and sells books on wide variety 0/ legal topics useful to the public. center for Constitutional Rights 666 Broadway New York, NY 10012 www.jailhouselaw.org CCR is one of the organizations that cooperates to produce the "Jailhouse Lawyer's Man.ual. "Copies olthe manual are provided to prisoners at no charge. The JLM can also be downloaded and www.findlaw.com Good sitelor searching out federal and state law. www,washlaw,edu Legal search enginefor loco/ing primary legal sources at the federal and stale levels. www.prisonactivists.om 21 Florida Prison Legal Perspectives ".. • Provides wide variety of prison-related info. Includes large "LinJc" section to m.any other related legal and nonlegal websites. University website. . . 01 Florida law library . www.stetson.edu(~epartments/!jbmryl!a ~ www.martindale.com Provides info ,on lawyers nationwide, including contact info. area ofpractice, how long. dc. Federal www.thODl8S.IQC,gov . . Sourceforfederal legislative malerial. www.uscourts.goy Links and information about Supreme and otherfederal cOurts. u.s. www.call.U5COUrts.goy Eleventh Circuit COUl't of Appeal websile. www,flnd,uscourts·goy _#?~ District Court. Northern District of Florida website. . Us. .Stetson University law library website. www.legal.fim.edu Posts the "Government in the Sunshine Manual" (Public meetings and public recot'ds manual). www·Oabar.orglnewOabar/memberservic eslCLE . Sells continuing Legal Education series oflegal books concerning Fla.law. Florida Supreme Www.fJcourts.orn. " ' Court: . District Courts of Appeal: First DCA: www.ldca,org Second DCA: vimv.2dca.org Third DCA: www.3dca,Oxourts.org Fourth DCA: www.4dca;org Fifth DCA: www,Sdca.org Circuit Courts: III Circuit: www,tirstjudicialcin:uitorg 2nd Circuit: www.2ndclrcuILleon.fJ.us 3M Circuit: www,;ud3.flcourts.org 4lbcircuit:www,coj.netJDepartments!Fgu www.fJsd:uscoYrts.goy J1h+,Judlcial+Cjn;uit+Courtldefiuilt.htm . U.s. Dutrict Court. Southern Duirict of 5~in:uit . , Florida website. hP;!0tid5,fJcourts.orglcourtsiindex,htm 6 Circuit: ·www.jud6.om . 7t1J Circuit www.cin:uit7.gm . St!l C~uit: www.cin;ujtS.om. www.myfloridacom . . 9t!l Circqit:; m,ninja9,org . Links to state agency and government IOt!lC~~;www,judIO,org . offices' websltes. II III Circuit: Iittn;lljudlUlcgurts,org .. 12':" Cirqqi~ httniU12circuitstale.O,us www,Osenate.g9Y c' 1311> Circuit: http;laudI3,Ocourts,org www·Ohouse.gov 14lb Circuit·· for information call ·850747-5327 .., Florida Legislature's wehsite.s, Provides . dir~01 state legislators; completi ISlb Circuit: Florida statutes (laws): Senate'. and !Jt'!,co.pglmbeach,fJ,uslcadmln . 16 CirCuit: www';udI6,f1courts,qrg House bills, bill histories and analyses, l71h-~in:uit: www.l7tb,flcqurts.org ISIh Sttcuit www';udI8.0cqurts,qrg www·flcourts·grn. 191h Circuit: www,cin;ult19,org Provides directory and links to Florida courts" websites. 201h Circuit: www.ca.ci!s20.org www.f1md.t!scourts·gov U.S. District COUI'I. Middle District of Florida wemite. www,FCLA.edu Florida Stale University law /Ibrary website. www.law.mjaroj,eduJIibrary University ofMlaml/aw library website. www.law.uO.edu 22 FPLP updates this ,list on a continuing basis as a service to readers. Please let us know if you are aware of other resources that prisoners, their families or advocates maybe interested In at the below address or by e~ail: Florida Prison Legal Perspectives Attn: Resource List POBox 1069 Marion, NC 2S752 tplp@ao!.cqm Please f~1 free to copy and distribute this resource list to others.• TV P I· N' G SERVICE· Computer· Typewriter' AL L KIN DS OF T YPIN G Including but not lim"ed to: . Legal Briefs, TeXt Documents, Newstetteis, Articles, Books, Manuscrfpts, Database, Charts, Fonns, Flyers, Envelopes, ETC, alack I Color Printing &. Copying "SPECIAl. RAlfS FOR PBJBOHERSD FORA "FREE" PRICE LIST ANi> MORE INFORMATION SEND A SASE TO: LET MY' FINGERS DO YOUR -TYPING Sandra Z. Thomas' PO Box 4178 wrnter Park, FL 3279~178 Phone: 407-579-5513 CRIMINO~ (An inmate education organization) Stuck in the "system?" Took a wrong tum? Need a change? Write and ask for the free "'The Way to Happiness" correspondence course from: Criminon Florida - FPLP6 P.O. Box 7727 Clearwater, FL 33758 • Flo rid aPr i son·L ega I Per s pee t i v es Florida Prisoners' Legal Aid Organization Inc. BECOME A MtMBER" I , /', YES '! I wish to b~me a member ofFlorid~ Prisonerst Legal Aid'Organization, Inc. ' ;";" 3. Your Name and Address (PLEASE PRINT) 1. Please Check .;' One: o o DC# _~ Membership Renewal _ Name New Membership Agen~lLibraryllnstitDtion IOrg! 2. Sel~t .;' Category a SIS Family/A~vocatelIndividUaI CI $10 Prisoner ' '., ., City; State Zip CJ $3,9 AttorneyslProfessionals a ~60 Govtt AgenciesILibrarieslOrgsJetc. ' EmailAd~ and lor Phone Number PI~ make all checks or money orders payable to Florida'Prisoners' Legal Aid Org.,lne. Please complete the above fonn and send it along with the indicated membership dues to: FPLAO, Inc., P.O. Box 106~, Marlon NC 287~. Fbrjfamily members or loved ones ofFlorida prisoners who arc unable to afford the basie membership dues, ~y contrlbl,ltlon is acceptable fo.r mCJilbcrship. Memberships run oneycar.lfyou would like to make a donation to FPLAO, Inc.. to hclp thc organization Continue Its worle for l?rlsoners and..thcir families, send donations In any amount to the same address. Thank You. All members receive Florida Prison Legal Perspectives. ' Criminal Appeals Stale and Federill Advertise in FPLP Criminal Postconviction Motions FcderJI Habeas Petitions Reach new clients or customers th~ough advertising in Florida Prison Legal Perspectives. To obtain . advertising and rate information write or email us at: Slale 3.850 and 3,800 I\-'ollons MICHAEL UFFERMAN ,\ II"rl1e~·-;II,I.a\\" 2022,1 Raymond Diehl Rd .• Tnllnhasscc, FL 32308 850-386-2345 CREDIT CARDS ACCEPTED WWW.\lfft::rnllllllllw.com FilEE CONSULTATION PAn.1ENT PLANS AVAILABLE FPLP Attn: Advertising P.O. Box 1069 Marion, NC 28752 Or fplp@aol.com 23 Q I!J < 0 ~ .... ~ 3:: m ~ • g .... en \0 ~ ,. "'" t=: .., - '"~,., .. ~... t"'l .... '" '" ~ ~ ~. ., o ( :z ':;j Zo ~ '" "0 '" ~ ~ m ?o •0 N 3:: =: ? " 10 ~ i:! ~ ,. •3 • ~ :1j iii ::;'" U> C ~ ~ '"~ ; C ... " > ~ ~ ;; ~ •3 _ • ·;;- .·. ~~ ;.n ~ =:1'0 ~ S' 5" ~ :::. 5' ~• 0 • 3= ~a o' c = l'O . :t ~ m ~ c: 3: 0 < m "0 ''"mm" ...z •~•• = !:!. ~ ill .,'" s ....~ ...." ~ ~= ~Q. - . •0 ~