Court in Va. examines death row isolation policy
National News
Virginia's practice of automatically holding death row inmates in solitary confinement will be reviewed by a federal appeals court in a case that experts say could have repercussions beyond the state's borders.
U.S. District Judge Leonie Brinkema in Alexandria ruled last year that around-the-clock isolation of condemned inmates is so onerous that the Virginia Department of Corrections must assess its necessity on a case-by-case basis. Failure to do so, she said, violates the inmates' due process rights.
The state appealed, arguing that the courts should defer to the judgment of prison officials on safety issues. A three-judge panel of the 4th U.S. Circuit Court of Appeals will hear arguments Tuesday.
The lawsuit was filed by Alfredo Prieto, who was on California's death row for raping and murdering a 15-year-old girl when a DNA sample connected him to the 1988 slayings of George Washington University students Rachel Raver and Warren Fulton III in Reston. He also was sentenced to death in Virginia, where he has spent most of the last six years alone in a 71-square-foot cell at the Sussex I State Prison.
Some capital punishment experts say a victory by Prieto could prompt similar lawsuits by death row inmates elsewhere.
"It gives them a road map," said northern Virginia defense attorney Jonathan Sheldon, who noted that the due process claim succeeded where allegations of cruel and unusual punishment have routinely failed. "It's not that common to challenge conditions of confinement on due process grounds."
Related listings
-
Court justice suspended over role in porn scandal
National News 10/22/2014The Pennsylvania Supreme Court on Monday suspended one of its members over his participation in a state government pornographic email scandal that involved employees of the attorney general's office. The court justices issued an order saying Justice ...
-
Writers object after UK court bans abuse memoir
National News 10/20/2014Prominent writers say free speech is under threat after a British court halted publication of a celebrity's memoir of child abuse because his ex-wife argued that it would harm their son. Three appeals court judges last week temporarily stopped public...
-
Case of American jailed in Cuba back in US court
National News 09/29/2014A government subcontractor who has spent over four years imprisoned in Cuba should be allowed to sue the U.S. government over lost wages and legal fees, his attorney told an appeals court Friday. Alan Gross was working in Cuba as a government subcont...
Victorville CA DUI Lawyers - Drunk Driving Defense Attorney
If you fail a sobriety test or have a blood alcohol level above 0.8%, you are considered to be driving under the influence in which you will be arrested. During this time you will be read your Miranda rights and it is crucial to exercise your right to remain silent. As they say, “anything you say can and will be held against you in court.” The courtroom takes no mercy on drunk drivers and any statement you make during your arrest will only damage your case. The charges you are facing for a DUI range from fines, a 12-month suspension on your license and worst-case scenario, prison time. Your attorney will be able to analyze your situation to decide the best way to go about your case. Our Victorville CA DUI Lawyers attorneys know the tricky ways to challenge all of the DUI tests and know how to claim improper collection of evidence. We will be able to negotiate on your behalf and free you from charges and help you keep your drivers license. The DUI process can last up to several months, we can make this process easier on you.