Tag Archives: Prisons & Jails

Prisons & Jails – Constitutional – Life Sentences – 80 Years – Lesser Offenses (access required)

Lovette v. North Carolina Department of Correction When petitioners were sentenced to life imprisonment, life imprisonment was defined as 80 years. Although the petitioners in Jones v. Keller, 364 N.C. 249, 698 S.E.2d 49 (2010), were also sentenced to life imprisonment when that sentence was defined as 80 years, the Jones court limited its decision – refusing to apply earned credits to shorten the Jones petitioners’ sentences – to prisoners convicted of first-degree murder. Since petitioners in this case were convicted of lesser offenses (second-degree murder and second-degree burglary), Jones does not prevent the application of earned credits to their 80-year sentences.

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Tort/Negligence – Wrongful Death – Civil Rights – Taser – Prisons & Jails (access required)

Cobbs v. County of Guilford Plaintiff alleges that her decedent, a jail inmate, was unarmed, had been tasered once, was “handcuffed behind his back, after which time he was restrained and then tasered in the back,” and “died as a result of an application of restraint….” Plaintiff states a wrongful death claim, notwithstanding the public officer immunity doctrine.

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Criminal Practice – Prisons & Jails – Possession of Contraband – Shank in Shoe – Sentencing – Career Offender – Violent Crime (access required)

U.S. v. Mobley An inmate convicted of possessing contraband, after he was discovered with a shank in his shoe, can be sentenced as a career offender because possession of the shank qualified as a crime of violence under the federal sentencing guidelines, the 4th Circuit says.

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Prisons & Jails – Constitutional – Due Process & Ex Post Facto Clauses – Parole Denial Policy – Violent Offenders (access required)

Burnette v. Fahey Plaintiff Virginia inmates have not stated due process and ex post facto claims against defendant members of the Virginia Parole Board in their official capacities for an alleged policy of denying parole to parole-eligible inmates convicted of violent offenses; the 4th Circuit affirms dismissal of the inmates’ complaint.

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Criminal Practice – Prisons & Jails — Habeas Corpus – ‘Good Time’ Credits — Custody Grade (access required)

Waddell v. Dep’t of Correction A North Carolina prisoner whose 1975 death sentence was commuted to life in prison loses his challenge to the state’s application of “good time” credits to allegedly extend his sentence beyond his effective release date; the 4th Circuit upholds the district court decision that the prisoner’s habeas petition...

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