Court in Va. examines death row isolation policy
Criminal Law
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
-
Billionaire pleads guilty to sexual assault charge
Criminal Law 06/10/2014A Wisconsin billionaire has pleaded guilty to a misdemeanor charge of having sexual contact with a teenage girl. Fifty-nine-year-old Samuel "Curt" Johnson III of Racine was originally charged with a felony count of child sexual assault. But prosecuto...
-
Court revives victim lawsuit in mistaken shooting
Criminal Law 05/05/2014The Supreme Court has reinstated the lawsuit filed by a former major league baseball player's son who was shot on the porch of his family home by a Houston-area police officer. The justices on Monday ordered a lower court to reconsider the case of Ro...
-
Two men found guilty for selling U.S. company’s technology
Criminal Law 03/07/2014A federal jury found two men guilty Wednesday of economic espionage involving the theft and sale of a U.S. company’s technology to a competitor controlled by the Chinese government. The jury returned the verdicts against Robert Maegerle and Walter Li...
New York Commercial Litigation Law Firm - Woods Lonergan PLLC
Founded in 1993 by Managing Partner James F. Woods, Woods Lonergan PLLC has built a strong reputation as a resourceful and industrious firm that provides clients with clear, concise, and straightforward answers to their most challenging legal issues. Partner Lawrence R. Lonergan, who joined the firm in 2008, has been a friend and colleague to Mr. Woods for over 40 years and shares the same business philosophy. Woods Lonergan PLLC’s collective experience and expertise enables the firm to expeditiously and effectively analyze the increasing challenges clients face in an evolving business and legal world, in many instances, avoiding unnecessary time and expense to our clients. Our mission is simple: provide cutting-edge expertise and sound advice in select areas of the law for corporate and business clients. We thrive on providing each client with personalized attention, forceful representation, and a collaborative team effort that embraces collective knowledge.