U.S. "Refining" Its Claim on Detention Power: At SCOTUSblog, Lyle Denniston posts that the Obama Administration has outlined a new position with regard to those that are being detained at Guantanamo Bay. In a memorandum submitted to U.S. District Court Judge John Bates the Obama Administration has disclosed its detention authority is based on the Authorization for the Use of Military Force (AUMF), which is not necessarily informed by the laws of war. The new stance casts aside the Bush Administration's policy that the President has detention power because he is Commander-in-Chief. Attorney General Eric H. Holder, Jr.'s separate "declaration" can be found here. Also available is the Justice Department's press release discussing the new Administration's stance. Joe Palazzolo also has this post at Blog of the Legal Times.
U.S. Sentencing Commission's 2008 Annual Report: Doug Berman has posted the Sentencing Commission's 2008 Annual Report and Sourcebook of Federal Sentencing Statistics. The Sourcebook provides figures, charts, and tables of selected national, circuit and district sentencing data.
Wrongfully Convicted Men Can Sue the Federal Government: At Blog of the Legal Times, Jordan Weissman posts on yesterday's decision from U.S. District Judge Rosemary Collyer that two wrongfully convicted men could sue the government. Joseph Eastbridge and Joseph Sousa were convicted for the 1976 murder of 26-year-old Johnnie Battle. Sousa served 19 years before winning parole in 1995, and Eastbridge was released in 2005, just 30 days before Judge Collyer cleared the men of wrongdoing. The 2005 decision followed testimony from a co-defendant than neither Eastbridge nor Sousa were involved in Battle's murder. After their convictions were overturned, their lawyers pursued a wrongful conviction claim under 28 U.S.C. §§ 1495 (Court of Claims jurisdiction) & 2513 (substantive requirements). Yesterday's ruling will allow the suit to go forward because Judge Collyer found that Sousa and Eastbridge's own actions did not contribute to their prosecution, which is one of the requirements under § 2513. The Justice Department had opposed this finding, arguing that Sousa and Eastbridge brought about their prosecution by helping the murderer escape. Both men will now be able to seek up to $50,000 for each year they were in prison.
U.S. Sentencing Commission's 2008 Annual Report: Doug Berman has posted the Sentencing Commission's 2008 Annual Report and Sourcebook of Federal Sentencing Statistics. The Sourcebook provides figures, charts, and tables of selected national, circuit and district sentencing data.
Wrongfully Convicted Men Can Sue the Federal Government: At Blog of the Legal Times, Jordan Weissman posts on yesterday's decision from U.S. District Judge Rosemary Collyer that two wrongfully convicted men could sue the government. Joseph Eastbridge and Joseph Sousa were convicted for the 1976 murder of 26-year-old Johnnie Battle. Sousa served 19 years before winning parole in 1995, and Eastbridge was released in 2005, just 30 days before Judge Collyer cleared the men of wrongdoing. The 2005 decision followed testimony from a co-defendant than neither Eastbridge nor Sousa were involved in Battle's murder. After their convictions were overturned, their lawyers pursued a wrongful conviction claim under 28 U.S.C. §§ 1495 (Court of Claims jurisdiction) & 2513 (substantive requirements). Yesterday's ruling will allow the suit to go forward because Judge Collyer found that Sousa and Eastbridge's own actions did not contribute to their prosecution, which is one of the requirements under § 2513. The Justice Department had opposed this finding, arguing that Sousa and Eastbridge brought about their prosecution by helping the murderer escape. Both men will now be able to seek up to $50,000 for each year they were in prison.
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