Interesting article on the ongoing Brady fight. Specifically mentioned is the 2010 Working Group on Brady hosted by the
Jacob Burns Ethics Center at Cardozo Law School [cosponsored by,
among others, the National District Attorneys Association] and some criticisms.
http://www.newyorklawjournal.com/PubArticleNY.jsp?id=1202564932174&DA_Policies_Fail_to_Protect_Rights&slreturn=20120631223412
Tuesday, July 31, 2012
Wednesday, July 11, 2012
Compassionate Release & the Federal Bureau of Prisons
From the Amy Baron-Evans, Federal Defenders:
As you know, BOP rarely files a motion for early release under 18 U.S.C. § 3582(c)(1)(A) when an inmate has a terminal illness or for other extraordinary and compelling reasons under USSG 1B1.13. In this case, the inmate, Phillip Smith, was diagnosed with acute myelogenous leukemia in August 2011, but BOP twice refused to file the motion because, it said, his criminal history outweighed his medical needs (and imminent death). Phillip contacted his lawyer and he filed a motion with the court, contending that BOP was putting itself in the position of the judge, not filing the motion unless it thought the motion should be granted.
After a couple of weeks of litigation, BOP agreed to file the motion, and the judge immediately ordered Mr. Smith’s release on March 12, 2012, seven months after the motion should have been filed. Mr. Smith gave a
videotaped interview from home on April 2 and died April 9. Hundreds of people die of natural causes in BOP custody every year but BOP filed only 55 motions from 2009 to 2011. This was an unusual case in that the client called his lawyer and the lawyer took action that put pressure on BOP to file the motion.
Here is a blog that links to the interview of Phillip Smith and the pleadings in the case.
After a couple of weeks of litigation, BOP agreed to file the motion, and the judge immediately ordered Mr. Smith’s release on March 12, 2012, seven months after the motion should have been filed. Mr. Smith gave a
videotaped interview from home on April 2 and died April 9. Hundreds of people die of natural causes in BOP custody every year but BOP filed only 55 motions from 2009 to 2011. This was an unusual case in that the client called his lawyer and the lawyer took action that put pressure on BOP to file the motion.
Here is a blog that links to the interview of Phillip Smith and the pleadings in the case.
Bureau of Prisons Blog of Possible Interest
For those who are interested, the Frost-Bussert, LLC firm out of New Haven CT recently started a blog concerning federal Bureau of Prisons issues: http://thebopblog.blogspot.
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