FLORIDA PRISON LEGAL

ers .ectives
OLUME 14 ISSUE 2

ISSN# 1091-8094

T.ents Used to Scare.
Legislators Into Funding
More Prisons'
hortly after the Florida Legislature went into its
regular session in March of this year, with deep cuts in
S
agencies' budgets expected in the face of a state budget
shortfall, the Florida Department of'Corrections came out
fighting for an increase to its budget to continue building
more prisons.
The FDOC's first blow ' was ;a right' cross, 'the
department's secretary warned legislators that large budget
cuts will lead to more cramped and dangerous -prisons and
a rise in crime around the state.
In January the FDOC was riding high, Gov. Crist's
proposed state budget urged 'lawmakers to give the prison
system $343 million more to build more prisons this year
over and above its $2.3 billion budget That, however, was
before the outcry really took off that Florida is facing a
budget crisis and that deep cuts are going to have tobe
made in all areas.
As the legislative session progressed it was made clear
that the FDOC was going to face cuts too. Legislators'said
"'that despite a surge in prison admissions the budget
crunch could tnean scaling back prison construction and
expansion. The FDOC responded by claiming that with
the current 96,000 state prisoners the system is already at
97.3 percent of capacity and pointing out that it is
expected ~e.prison population,wit, ,~ch 105,000 by ~id-

MAR/APR 2008

2009 and overcrowding if new prisons aren't funded.
Lawmakers hung tough, some suggesting hanging extra
bunks in cells housing non-violent and elderly prisoners
(without regard to space requirementS).' Another'
suggestion was made to send florida prisoners to prisons
in other states, which other states with overcrowding
problems have been doing for years. The FDOC swung
back, saying it has no plans to send·prisoners out of state,
but it does have plans to buy metal buildings that can be
readied quickly for prisoners and surplus military tents to
houSe prisonerS. '
'
In fact, punching quickly, by the end of March the
FDOC announced. that it was already putting up tents at
eight prisons around the state. Uping the rhetoric, the
FDOC justified ~e 'tents claiming the system was getting
"dangerously close to reaching 99 percent capacity," at
which point state law will' mandate earlyrel~se for
certain prisoners. That state law is the result of federal
court intervention in-the 1980's and 90's when Florida was
forced to reduce its prison overcrowding and fold up tents
that it was housing prisoners in then.
'U,sing the tents as a threat, theFDOC raised 24 of them
at eight sites in March, An FDPC spokesperson said the
department plans on erecting 108' of the tents during the
next 18 months.
Each of the tents measure 18 by 24 feet, cost $20,000
each and house 22 prisoners. They feature ceiling fans, a
large exhaust fan, a heat pump and wooden floors.
Separate shower, and bathroom tents will also be erected
and prisoners will eat in, the existing food service
. buildings at the, prisons'where th\' tents are located. '

Florida Prison Legal Perspectives
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The department claims the tents are a temporary
solution, just to get them by until the budget crunch is
over.
The legislature seemed to be unfazed by the FDOC
historically dangerous tactics, by mid-April there were
proposals to cut the FDOC's $2.3 billion current budget by
$160 million. That reduction would come from gutting
prisoner education, vocational and drug ,rehabilitation
programs, a direct reversal of what FDOC Secretary
Walter McNeil and his predecessor, Jim McDonough,
have advocated.
'
InUne with what McDonough had proposed before his
unexpected retirement in January, McNeil said keeping
those programs means lower costs for oversight of lowrisk prisoners who are making the transition back to public
life. It also means that prisoners with drug problems or a
lack of working skUls are better able to make a permanent
return to public life. ' '
'
Without them, McN~i1 said, "my suspicion is that there
is going to be an increase in, ,?rime in our state" as
prisoners unprepared for life outside of prison are
released.
',
.'
,
Undeterred, the Legislature count,ered with an
uppercut, proposing that benyeen 1,400 and 2,QOO jobs
may have to be cut in the department While suggesting 'to
cut prisoner programs, which'likely will lead ~ increased
crime, didn't stir up much objection, the suggestion to cut
jobs for FDOC probation and 'cOrrectional officers sent' a
stream of them, reeling to T~lIaha$$ee to protest oUtSide
the Capital building.
"
,.
It doesn't take a Don King to figu~ ~ut that whatever
happens Florida prisoners ,are going to experience some
hardships in the future~. Bl,lt the big' loSs will' be to
Floridians as the crime rates will increase willi the
expec~d cuts to, public education,' when 'Florida a'lready
has one of the highest droPout rates in ilie 'country~ and
with the continued refusal by legislators to implement and
fund proven programs that would 'reduce prison
recidivism.. _ ,

Florida Prison Legal Penpectives

-Federal Habeas CorpusTitle 28 U.S.C. Section 2254
Standard of Review
by Dana Meranda

r

he Antiterrorism and Effective Death Penalty Act of
1996 (AEDPA) amended the statutory provisions that
tlvern fact review. State court fact· findings, if fairly
lade, will be accorded a presumption of correctness and
~tion 2254(eXl) now provides that the burden of
:butting the presumption of correctness is by clear and
lnyincing evidence. Addington v. Texas, 99 s.ct 1804
979) (discussing the lIclear and convincing" standard of
'OOt).
.,
.
Courts have generally equated section 2254(eXl)'s
>Dcept of "clear and convincing evidence" with the
:learly erroneous" standard appellate courts use to review
IstriCt court fact findings. Inre Heidnik 112 F.3d lOS,
\2 (31ll Cir. 1997). '
.
28 U.S.C. sections 2254(d)(2) and 2254(e)(l) govern
abeas corpus fact review. Courts that .have interpreted
nd applied these amended sections to situations were the
tate courts made no finding of fact. on a. determinative
iSue, Bell v. Cone, 125 s.ct. 847, 856 (200~),or if a state
ourt rmding ,was the product of unfair procedures, or is
lot supported by the state court recofd, the federal court,
it free to reach its own independent judgment on the
luestion. Wiggins .v. Smith, 123 s. ct 2527, 2539 (2003)~
raylor v. Maddox. 366 F.3d 992, 1000, 1014 (9th Cir.

!004).

. •

,

Under the ~DPA, federal habeas corpus review ,of
It~ courts' legal and mixed legal-factual rulings is
lubJect to the amended section 22S4(d), which provides
hat a state prisoner's ha~ .corpus application shall not
:Ie granted with respect to any claim that was adjudicated'
lD the merits in State court proceedings, unless the
uljudication of the claim:
~l) resulted in a decision that was contrary to, or involved
!n unreasonable application of, clearly established Federal
law, as determined by the Supreme Court of the United
States; or
(2) resulted in a decision that was based on an
unreasonable determination of the factS in light of the
evidence presented in the State court proceeding.
'

Section 2254(dXl) places a new constraint on the
power of a federal· habeas court to grant a state prisoner's
application for a writ of habeas corpus with respect to
claims adjudicated on the merits in state court. Under
section 2254(d)(I), the writ may issue only if one of the
two conditions is satisfied. Williams v. Taylor, 120 s.ct
1495, IS23 (2000).
So~e Federal courts have concluded (for purposes of
section 2254(d» a summary state court opinion that fails

to articulate it's analysis of the federal constitutional claim
is not an adjudication on the merits. Treating the state
court's decision as ~e focus for analysis, the Eleventh
Circuit has reached the opposite 'conclusion in Wright v:
Sec'y. Dep't. of Co"ections, 278 F.3d 1245, 1254 (11 11I
Cir. 2002), (joining circuits that have concluded that the
summary nature of a state court decision does not lessen
the deference that it js due)~
,
The amendments to section 22S4(d)(I) have changed
federal habeas corpus review, in three basic ways. First,
the statute provides that the federal court is to review the
state court "decision" that 'denied the claims'now raised in
the habeas corpus petition, as opposed to adjudicating
those claims independently of the state court decision.
Consequently, section 22S4(dXl) eliminates the prior rule
of adjudication de novo (or from scratch) and makes the '
state court decision (rather than the specific claim raised
in the habeas petition) a primary focus of federal court
review. Jackson v. COa/ter, 337 F.3d 74, 83 0" Cir.
'
"
.
2003).
The federal court should examine the merits of the
claim first, then, if there 'is' meri~ 'to: the constitutional
issue, the court should review the state coutfs decision to
determine whether the criteria of section, 2254(d)(I)
precludes a grant offederal habeas corpus relief.
.
Second, in reviewing the state court decision to
determine whether secti9n 2254(d)(I) limits relief, the
federal law to which the state court decision is compared
is limited to clearly established federal law, as determined
by the Supreme Court of the United States. Hart v.
Allorney General, 323 F.3d 884, 893 n.16.( 11 III Cir.) cert.
denied, 540 U.S. 1069 (2003).
..
And third, amended section 2254d1 establishes certain
limitations upon relief in those cases in which the federal
court finds constitutional error. The federal court cannot
grant federal habeaS corpus relief unless its review of the
state court decisiop on the basis of clearly establishes .
S~preme Court law reveals that the state court decision
was defective in one of two way~ither (I ) that the
"decision was contrary to clearly estab'lished Supreme
Court law"~ or (2) that the "decision involved an
unreasonable application of clearly established Supreme
Court Law."
,
The state court decision is the central focus of the
federal review process. ,
"
A state court decision will be contrary to clearly
establis~ed precedent if the. state court applies a rule that
contradIcts the governing law set forth in our cases. Penry
v. Johnson, 121 S.ct. 1910, 1918 (2001), (quoting Williams
v. Taylor 120 s.ctat 1519).
A state court decision will be contrary to our clearly
established precedent if the sJate court confronts a set of
facts that are materially indistinguishable from a decision
of this Court and nonetheless arrives at a result different
from our precedent. Accord Penry v. Johnson, 121 s.ct: at
1918;
.
3

Florida Prison Legal Penpeetives
In consttuiJ.1g the "Unreasonable application" clause, the
.FPOC Lt~ Sentenced To
Court· explained"a state-court decision that correctly
Life In Prison
-identifies the' governing legal rule but applies it
by Melvin perez
unreasonably' to the facts of a particular prisoner's case
would certainly qualify as a decision involving an
unreasonable application of clearly established federal
Marianna judge sentenced a former Liberty (
law." Wiggins v. Smith, 123 s.ct. at 2534-:-35.
lieutenant, Julian Jack Shiver, to life in prison (
January 29, 2008.
The unreasonable application inquiry should ask
.whether the state court's application of clearly established
Shiver was involved in a shooting that took place at
federal law was objectively unreasonable..
Cottondale residence that left his wife dead, Lisa Shive
The question under the AEDPA is not whether a
who worked at Calhoun CI.
. ,
. Authorities say that Shiver knocked on the door of,tJ
federal court believes the state court's determination was
incorrect but whether that determination was
residence and asked for his wife. A man later identified a
unreasonabl~a substantially higher'threshold. Schriro ~.
Paul Barber Jr~, who also worked at Calhoun CI, told hil
Landrigan, 127 s.et. 193'3, 1939 (2007).
to leave. Shiver then kicked in the door, shot hi~ wife
Some increment 'of incorreetnes,s beyond error is
the head with a 9 millimeter and then turned and fired (
Barber.
required. McCambridgev. Hall, 303 F.3d 24, 36 (1 st Cir.
2002) (en bane). The increment need not necessarily be
Thereafter, Barber ran and got a shot~ and fire
great, but it must be. great enough to make the decision
back, shooting Shiver twice in the torso. Barber the
unreasonable i'n the independent and objective judgment
called 911 and emergency workers arrived at the' 5ce1l
which found Shiver and· his wife. on the floor. Shiver
of the federal court. Francis S. v. Stone, 221 F.3d 100, III
(2nd Cir. 2000).
wife died in a Dothan hospital six days later.
Despite the foregoing analysis, the "objective
Shiver waived his rightto trial,after -admitting he she
unreasonabJenessu standard awaits definition by the Court
his wife and Barber, then entered a guilty plea. n
in future cases.
charges included second degree murder, attempted secon
The Supreme Court has made clear that AEDPA does
degree murder, burglary while armed with a' firearm, an
not require. a federal habeas court to adopt anyone
shooting into an occupied dwelling.
methodology in deciding the only question that matters
Before sentencing Shiver, the judge addressed him an
under section 2254(dXl )-whether a state court decision is
stated: "[t]he bottom line, by pleading'guilty to the chq
contrary to, or involved an unreasonable application of, , of second degree murder, which is a first degree felon:
clearly established Federal lllw.Lockyer \I. Andrade, 123
punishable by life since a fire arJ1\ was used, you woul,
s.ct. 1166, 1172 (2003). .
serve. a natural life term, do you understand that?" Shive
Acquiring· relief from the federal courts in the current
replied '''[y]es, sir." In Florida, life means lif~ said Jo
era is almost nonexistent. This is illustrated in FPLP Vol.
Grammer from the office ofthe State Attorney.
13, Issue 5/6, pg. 1-2 (A study conducted by Vanderbilt . Bob Sombathy, Shiver's attorney, requested that hi
University) that Itof 2,384 non-capital cases examined,
client be allowed to s"rve his time in federal prison
only 7 petitioners won relief in the federal courts."
instead 'of having. to serve time in the same system hi
Nonetheless, it is important that the petitioner stay abreast
worked for as an officer. The case would be reviewed
said the judge. _
of current and developing case .law when contemplating
the pursuit summarized "bove. _

A

FLORIDA CLEMENCY SPECIALIST
FOR ASSISTANCE INFORMATION:

Soy Patties, Reduced
Calories for Florida .
Prisoners

www.nationalclemencyproject.com
NATIONAL CLEMENCY PROJECT.
8624 CA~P COLUMBUS ROAD
, HIXSON, TENNESSEE 37343
(423) 843-2235

by Teresa Bums Posey

D

uring Marc;h '08 as the Legi!lature went into sessio
and talk about big budget cuts in Florida sta
government increased-. ·becoming the theme of d

4

Florida.Prison Legal Perspectives
to 3,500. And Florida is actually providing between 2,900
session, Aramark Corporation, a private for-profit
and 3,100, depending on Aramark'sunauthorized
company which has had a contract to feed the majority of
manipulation of the menu it is suppose to be following.
state prisoners si]1ce 2001, chimed in on how to save
, And contrary to .Crist's assertions, dieticians say that
taxpayers money":""feed prisoners veggie burgers and fake
the
healthy weight of a 37-year-old male-the average age
chicken nuggets.
of Florida prisoners-who is 5 feet 9 inches tall is 160
Aramark, which'has a 570 million-per-year three year
pounds. To maintain ,that weight with daily living
contract with the state, proposed a variety of what it
activities, and just one hour of ext!rcise or labor, requires
claimed were cost~cutting measures to help the state deal
with an expected $2.7 billion budget shortfall next year.
2,937 calories a day. And ,more calories are needed, if
Trinity Food Services, Aramark's competitor. in prison
exercise ~i'la~or increases ~eyond that.
Yet, unde'r pressure to accommOdate ideas at least, in
food service'vending, also has a contract with the Florida
Department of Corrections. Trinity gc;ts $25 million per ' March DOC officials bit 'into veggie burgers and imitation
chicken nuggets supplied by Aramark and suggested as
year. Together the two private for-profit companies feed
replacements for higher-cost, grain-fed prOductS such as
all of Florida's 96,000+ state prisoners.
.
'
Aramark's "altruistic" suggestions came shortly 'after . hamburgers.'
Two thumbs up, DOC officials gave the veggle burger,
calls were made for ail investigation into the company's
contract with the state (sc;e related story in this issue of
a big thumb down <m the fake chicken nuggets.
"I heard the soy burgers tasted better" than hamburgers,
FPLP) and in apparent response to word that state
which are greasy because of the low-quality beef from
legislators were discussing various ideas on ways to cut
which 'they are made,"said Sen. CriSt. But, he cautioned,
the FDOC's budge~ including reducing the amount of
food/calories that prisoners are being fed.
'
don't do away with the "chickentenders" which are "the
favorites" ofprisoners, he said.
Sen. Victor Crist (R-Tampa) (who claims no relation to
"Apparently someone was stretching the truth to
Gov. Charlie "Chain-gang" Crist), the Senate's powerful
influence Sen. Crist. The only' hambUrgers Florida
chairman of the criminal and civil justice appropriations
prisoners have been receiving 3 or 4 times a month have
committee, was the first to raise the idea to cut the amount
been made from. good quality beef, and baked, not fried.
of calories that prisoners are fed. He said .that 3,200
calories a day is too much.
And prisonerS have never been fed "chicken tenders." The
But former FDOC Secretary Jim McDonough strongly
only chicken they receive is an occasional piece of baked
chicken that is often undercooked in the Araniark-run
objected to such an idea sho~ly before he left office in
kitchens and that frequently. has been he direct cause of
February. He caUed it "absurd" in' a letter to Crist and
.food poisoning outbreaks in Florida's prisons over the
other ilawmakers. That's because prisoners are required to
perform some sort of labor, such as work squads, unless
years. Many prisOners won't eat the chicken for fear of
getting sick.
they have a medical excuse.
Current Secretary Walter McNeil also expressed his
Whether Florida prisonerS will be deprived of food and
opposition to cutting prisoners' food, saying that a caloriecalories in arder for the private food service companies to
cut should be,the last resort. An FDOC spokesperson said
boost their profits or to shave money from the FDOC's
budget remains to be seen. However, with the economy .
that. "Secretary McNeil will not compromise the basic
nutritional needs of our inmates, nor the quality of the
going In the direction it is and with Florida having to cut
food served.II Prison officials also e~pressed concern tliat
its ,budget, notonly this year but for the foreseeable future,
reducing prisoners' diets, coud lead to violence in the
it can be expected that conditions in the prisons are going
to suffer._
prisons.
However, Aramark appeared to be unconcerned with
such objections in its eagerness to pander to "get tough"
Ideologies in the Legislature and in a possible effort to
Union/Activists Call
avoid an investigation into its lucrative contract to feed
for Investigation of
prisoners. Aramark proposed cutting the daily calorie
intake over 30 percent to 2,100 per day. Aramark told
Aramark's Florida
legislators that such a move could save taxpayers $15
,Prison Contract
, million a year.
Even Victor Crist wasn't willing to go that far, but he
n February '08 the Campaign" for Quality Services, a
did suggest a cut to ,2,700 calories a day, saying that most
joint project of the Service Employees International
states are giving prisoners 2,700 calories and that's what
Union (SElU) and UNITE HE~, held a cally in Miami
nutritionists recommend.
where labor,eleeted and community leaders, and prison
In actual fact, the average daily caloric intake for male
activists, including representatives from Florida Prisoners'
prisoners is about 3,000. Texas, at the low end, gives
2,400 to 2,700. Arkansas, on the high end, provides 3,000 Legal Aid Organization, Inc. (FPLAO), called' for an

.

'

I

5

Florida Prison Legal P~rspectives
investigation of the Aramark CorPoration's food service
contract-with the Florid~ DeplP1ment ofCorrections. . .
The "coalition is calling for a state investigation of
Aramark's past. ahd "current conduct in Flonda prisflns,
especiaUy concerning the gap betweenmealsseJ:Ved and
. meals billed for, savings to the company frolll changing
the approved menu, and hiring' of any' state official who
approved menu changes."
"
The coalition says that kamark should return to the
state millions .of doll~ the private for-pro~t company
made through serving reduced quality" food to prisoners
and through the resultant drop of over 8 percent in
prisqners showing up to eat in the Ararnark-run chow halls
between 200 I" (when Aramark got the contract to feed the
majority ofFlorida state prisoners) an(l2007.
The coalitions also called on the state to re-bid
Aramark's contract and replace it with a contract (and
another company) that ~aintains stable facility condition~,
ensures that savings are passed along to taxpayers, and
removes incentives to reduce food quality and nutrition in
order to increase profits. Specifically, this would include
contractors being paid based 'on meals actually served
rather than the prisoner population, regardless of whether
they.eat a meal Qr not,. ~ the Ararnark contract has
provided.
"
A spokesperson for Aramark responded to the
coalition's call' for an investigation saying, "The charges
"they level about oui' business in Florida have been proven
to be baseless." In support of that. claim Aramark points
out that the FOQC is still a client, which would not be the
case if Aramark wasn't providing top quality, best-value
service. In a recent survey, the department s~red
Aramark very highly when asked if it would hire the
company again. However, no explanation was given by
Aramark as" to why, the FDOC suddenly terminated
Aramark's contract for, the FDOC's Region II and gav~ it
to a competing comp~y, Trinity Food Services, in
October 2007.
,
.
Ariunark's spokesperson also complained that the
unions failed to take into account that as part of the
accreditation process Aramark is routinely inspected by
the American Correctional Association (AcA) and others
who require that good meals be served to prisoners. "We
couldn't pass these inspections with the incredibly high
marks we routinely receive if we didn't," said the
spokesperson. Not mentioned was that Aramark always
receives advance warning when the ACA is going to
il)spect a Florida priso~, giving it time to clean up the
kitchens and prepare better meals that follow the FDOC
menus while inspectors are there..
According to one prisoner, Mike C., who recently
served several years at Sumt~r Correctional Institution
located in Central Flori~ "Aramark has been one of the
worse things to happen to the Florida prison system in
recent years. When they first took over the food was okay
for about siX months, after that it got worse. Aramark

Constantly doesn't follow the menu or recipes, serves poor
quality, poorly prepared food" and the" sanitation is
atroCious. At" Sumter the food trays stayed filthy and in the
summer you couldn't eat for trying to fight swarms of
flies. Guys who could mostly ate out ~f the canteen, not
very healthy, but it beat cabbage and the turkey scrap meat
that Aramark uses for everything. Of course, the less
Ararnark feed the more profit it makes. Something's wrong
with that picture."
"
Aramarkclaims that since 2001, when former Gov.
'Jeb Bush ordered the FDOC to give Ararnark the contract
to feed 90 percent of the state's prisoners, that it has saved
Florida taxpayers over $100 million. Critics say the reality
is such savings are smoke, that the starchy, poor quality
Aramark food has and will continue to increase medical
costs for prisoners, especially with prisoners serving
longer terms.
"
.
,
It could be worse for. prisoners. niere has been some
talk about the FDOC taking over food service again. There ,
would go the fruit juices, fresh fruits, fairly freshsalads,
and very likely a return to even worse food preparation
and sanitation and possible wholesale theft of food by
FDOC employees, as was the situation before the food
service was privatized._

Land of the Imprisoned
ccording to a ne~ ,report released Feb..28, 2008, by .
the· Pew Center on the States. for the first time in US
history, more than one of every 100 adults in America are
in prison or jail. Whether per capita or in raw numbers. it
is more than any other countrY in the world, making the
US t~e world's No. 1. incarcerator of its own citizens, the
report states.
Using state-by-:state data, the' Pew researchers found
that at the start of2008 there were 2,319,258 Americans in
jail or prison. To incarcerate so many, the 50 states spent
over $49 billion on' corrections last year, that's up from
less than $11 billion 20 years ago, states the report.
The report shows how the pri,son population increased
in 36 ~tes and the federal prison system last year. The
. report singled out Florida to use as an example "case study
in growth." Florida is expected to have 99,000 people in
.its prisons by the end of June this year (it currently has
96,000 in March). Only Oregon spent a larger share of its
general revenue on incarceration, the report says.
The report was compiled by the Pew Center's Public
Safety Performance Project, which is working with 13
states to divert offenders from prison without jeopard.izing
public safety. / '
In related news: In mid-March the US State
Department released its usual annual human-rights report
that, .i~nically, condemned Russia, Burma and China for
arbitrarily imprisoning too many oftheir citizens.

A

Florida Prison Legal Perspectives
despite a lengthy list of evidence that tended to show that
he couldn't have' committed the, crimes. The conviction
stood for 24 years until DNA testing proved he didn't do it
and he was freed in 2006.
"
Crotzer is one of nine men in Florida who have now
been exonerated by DNA testing. Eight of them were
freed. while one died in PCison just before the testing
proved his innocenge.
,
In addition 'to the $1.25 million, Crotzer will also
receive free tuition to take classes at a state university,
Crotzer Awarded
college or career center, if he wants it. He earned his OED
while in prison. The monetary compensation that he will
51.25 Million
receive amounts to about $137 for every day that he spent
in prison.
n April 3, 2008, the Florida Senate approved paying.
"Justice can prevail," Crotzer said after hearing the
Alan Crotzer $1.25 million for the 24 years that he
Senate's action. "They showed they can, have integrity."_
spent in Florida's prisons for a double rape that he was
wrongfully convicted of committing. The Senate voted
unanimously for the compensation bill that had already
been approved by the House. Gov. Crist said he looks
forward to signing the bill into law, finalizing Crotzer's
receipt of the compensation.
Crotzer, 47, was convicted in 1982 for allegedly
abducting and raping two women from a T~pahome,

Shortly thereafter, China released its own report on
human-rights violations in'the US. The report cited the US
government's own statistics showing that violent crime,
particularly guri deat!ls, increased in the US last year. It
also criticized the high rates of incarceration in the US
(which is, per capita, six times that of China), infant
mortality, and uninsured families.

O

David W. Collins, Attorney at Law
Former state prosecutor with more than 20 years of c~nallawexperience
"AV" rated by Martinda~e-Hubbell Bar reg,ister ofPreeminent L~wyers

.

'

Your voice in Tallahassee' representing prisoners in all areas of post-conviction relief:
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Write me today abo1,lt your case!
David W. Collins, Esquire
P.O. Box 541 .
Monticello, FL 32345
(850) 997-8111
"1he hiring of a lawYer is an important decision that should not be based solely upon 'advertisements. Before you decide,
ask me to send you free written in'formation about my qualifications
and.experience."
. .
,
.
"

.

Florida Prison Legal Perspectives

Loren D. Rhoton'
____.p.o.st.c_o.nv_i_~t_io_n.A_tt.o.rn.e_y.
•
•
.•
•
•
•

1

Direct Appeals
Belated·Appeals
,Rule 3.850 Motions
Sentence Corrections
New Trials
Federal Habeas Corpus Petitions

412 East Madison Street, Suite 1111
,
Tampa, Florida, 33602
(813) 226-3138 .
Fax'(813) 221-2182
Email: lorenrhoton@rhotonpostconviction.com
Website: www.rhotonpostconviction.com

The hiring of a lawyer is an important decision that should not be based solely on advertisements.
Before you decide, ask us to send you tree written information about our qualifications.

BUY THE BOOK - ON SALE NOW
POSTCONVICTION RELIEF FOR THE FLORIDA PRISONER
A Compilation ofSelected Postconviction Corner Articles
A collection of Loren Rhoton's Postconviction Corner articles is now available in one
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convenient book geared towards Florida inmates seeking justice in their cases. Insights basea
on professional experience, case citations, and references to the relevant roles of procedure
are provided. This book, is specifically directed toward those pursuing postconviction relief.

To order, send $20.00 in the form of a money Qrder, cashier's check or inmate
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.

8

POST CONVICTION
CORNER

\,
......

by Loren Rhoton, Esq.

,

My articles usually focus on specific issues relating to postconviction cases.
One of the'main areas that arise iIi postconviction cases relates to ineffective
assistance oftrial counsel. The right of an accused to counsel is beyond question a
fundamental right. See, e.g., Gideon v. Wainwright, 372 U.S. at 344,83 S.Ct. 792,
(liThe right of one charged with a crime to counsel may not be deemed
fundamental and essential·to fair trials in some countries, but it is in ours.").
Without counsel the right to a fair trial itselfwould be of little consequence.
United .States v. Ash, 413 U.S. 300 (1973); for it is through counsel that the
accused secures his other rights. Maine v. Moulton, 474 U.S. 159 (1985); See
also: Schaefer, Federalism and State Criminal Procedure, 70 Harv.L.Rev.l,8
(1956); ("of all the rights that an accused person has, the right ~o be represented by
counsel is by far the most pervasive, for it affects his ability to assert any other
rights he may have."). It is well entrenched that this right to counsel is the right to
effective assistance of counsel. Evitts v. Lucey, 469 U.S. 387 (1985); Strickland
v. Washington, 466 U.S. 668 (1984). In this article, instead. of focusing in depth
on just one issue, I would like to give a list of potential ineffectiveness of counsel
issues with cites to relevant cases.
As with all of my articles, I recommend that the cases which are cited are
checked by the reader to make sure that they are applicable' to your particular case.
With that being said, here is a list of some potential ineffectiveness of counsel
issues:
.
.
-Counsel's Conflict ofInterests- Lee v. State, 690 Sd.2d 664 (Fla. 1st DCA
1997); Cuyler v. Sullivan, 446 U.S. 335 (1980) [An actual conflict of
interest on the part of trial counsel can impair the perfonnance of a lawyer
and ultimately result in a finding that the defendant did not receive effective
assistance of counsel]. State v. Coney, 845 S·0.2d 120, 133 (Fla.,2003)
[Once a·defendant satisfies both prongs ofthe Cuyler test, prejudice is
presumed and the defendant is entitled to reliefJ~ Alessi v. State, 969
So.2d 430 (Fla. 51b DCA 2007) [Gives in depth analysis to the conflict
question and addresses the type of conflicts which Florida has .
recognized under Cuyler v. Sullivan analysis].
. -Counsel Conc,eding Client's Guilt- Although an attorney has the right to
9

Florida Prison Legal Penpectives

make tac.tical decisions regarding trial strategy, the detennination to plead
guilty or not guilty in a criminal matter is a matter which is left completely
to the defendant. Nixon v. Singletaly, 758 So.2d 618 (Fla. 2000). The Due
Process Clause of the United States, Constitution' does not permit an attorney
to admits facts at trial that amount to a guilty pl~a without the client's '
consent. Brookhart v. Janis, 384 U.S. 1 (1966). The constitutional right of
a criminal defendant to.plead'not guilty entails the obligation of his attorney
to structure the trial of the case around his clienfs plea. Wiley v. Sowders, '
,647 F.2d 642 (6th Cir., 1981). And, where defense counsel admits guilt
without his client's consent, and thereby fails to subject the prosecution's
case to meaningfUl adversarial testing" such a defendant is denied of his
right to effective assistance of counsel and prejudice to said defendant is
presumed. Nixon v. Singletary, 758 So.2d 618 (Fla. 2000).
-Counsel's Failure to Move to SuppressPhysiqal Evidence-. A trial
attorney's (ailure to move to suppress evidence against a d~fend~t can
constitute ineffe'ctive assistance of counsel. Kimmelman v. Morrison, 477
U~S. 365, 91 L.Ed. 2d 305, 106 S.Ct 2574 (1986).
-Counsel's Failure to Move to SUJl.Press Confession- Jenrette v. State, 761
So.2d 41 ~ (Fla. 2nd DCA 2000) [postc~nviction claim that counsel was
ineffective in failing to move to suppress defendant's confession was
facially sufficient where defendant stated that he advised coun$el that his
;' confession was made while he was in custody but before he was advised of
M!randa rights and that he would not have pled guilty to the charge if his
coun~el had moved to suppress said confession]., Stancley, State,.917
So.2d 911 (Fla. 4th DCA 2005) [When a defendant alleges thai his attorney
was ineffective for failing to move to suppress a confession based upon
:faulty Miranda warnings, such an allegation states a faci~ly sufficient claim
ofinei7ectiveness of counsel].
"

-Iwoluntqry Plea Due to Misadvice ofCounsel- A guilty plea is not
voluntary or intelligent if advice given by defense counsel, and on which a
defendant relies in entering a plea, falls below a level of reasonable
competence such that the defen<lant does not receive effective assistance of
counsel. u.s. v. Loughery, 908 F.2d 1014 (D.C. Cit. 1990). The misadvice
oran attorney, in the plea context, as to how long the defendant will have to
actUally serve on a sentence can constitute ineffective assistance of counsel.
Gartnon v. Lockhart, 938 F.2d 120 (8 th . Cir. 1991))/ A defendant's guilty
I

10

Florida Prison Legal Penpectives

plea is considered involuntary ifit is induced by a defense counsel's
promise which is not kept, and a defendant may withdraw his plea if he was
misled and induced to plead by his counsel's mistaICen advice. Ricardo v.
~, 647 So.2d 287 (pIa 2nd DCA 1994).
.
.
-Cumulative Impact q,fDefense Attornev 's Deficiencies- The cumulative
impact of a defense attorney's deficiencies at trial can. prejudice a defendant
and thus deprive him of his Sixth Amendment right to effective assistance
of counse.1. Harris by and through Ramseyer v. Wood, 64 F.3d 1432 (9th
Cir. 1995);.see also, Mak v. Blodgett, 970 F.2d 614 (9th Cir.1992).
["...significant errors occurred that, considered oumulatively, compel
affirmance of the district court's grant of habeas corpus as to the sentence of
death."); see also, Cooper v. Fitzsimmons, 586 F.2d 1325 (9th Cir. 1972)
["prejudice may result from cumulative impact ofmultiple deficiencies."].
This is so even where no single error of omission of the counsel, standing
alone, significantly impairs the defense. Ewing v. Williams, 596 F.2d 391
(9th Cir. 1979). See also, HellO' v. State~ 652 So.2d 1263 (4th DCA 1995).

.

-Counsel's Failure to Present Mitigation Evidence at Sentencing- Asay v.
State, 769 So.2d 974 (Fla. 2000) [counsel m~y be ineffective for failing to
investigate mitigating circumstances where substantial mitigating evidence.
could have been presented]; Reed v. State, 795 So.2d 140 (Fla. 5th DCA.
2001) [petitioner's claim for ineffective assistance of counsel based on
counsel's failure to investigate and pr~sent mitigating evidence prior to
sentencing was facially sufficient, and-thus he was entitled to hearing on .
petition, where petitioner had history of medical and psychological
problems, petitioner alleged he was released from mental health facility
after suicide attempt day before committing burglary, assault, and grand
theft, and petitioner's guilty plea allowed for possibility of lesser sentence if
. mitigating evidence. were presented]; .and; Williams v. State, 529 U.S. 362
(2000) [ineffectiveness of counsel demonstrated were defense counsel failed
to present substantial mitigating evidence at sentencing and where; but for
counsel's errors, there was a reasonable probability that the outcome ofthe
sentencing would have been different].

The above examples are but a few of the available issues relating to
ineffective assistance of counsel. It is in no way exhaustive. If any ofthe above
issues look like they may be applicable to a particular
case, it is.recommended
.
~

11

Fltirida'Prisoo· Legal Perspectives

that further legal research should be conducted. The examples are merely
instructive and hopefully may have enlightened some ofrity"readers as to 'potential
issues which may he available. Nevertheless, this article' 'may he a good starting
point for investigating issues fo~ a postconviction motion. In the future; I will
endeavor to li~t additional issues which may be pertinent.
,

,

Loren Rhoton is a member in good standing with the Florida Bar
and a member ofthe Florida Bar Appellate'Practice Section. Mr.
.Rhoton practices almost e~clusively in the po,stconviction/appellate
'area ofthe law, both at the State and Federal Level. He h~ assisted
hundreds ofincarceratedpersons with their cases and has numerous
'written appellate opinions.•

,

,

.

"

, ExPER.JE~CED CRIMINAL DEFENSE ATTORNEY
AVAILABLE FOR STATE AND FEDERAL
POST-CONVICTION MATTERS

* Admitted to the Florida' Bar in .1973 .
* Over thirty years experience in ~~ practice of criminal Law

* Providing representation in DirectAppeal~,Belated Appeals, 3.850 motions, 3.800
motions, 2255 motions, ~tate and Federal Habeas Corpus Petitions, Detainer Issues, and
other Postconvicti,on ¥a~ers. ,
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Inquiries to:
I

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Law Offices,of
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2153 Lee.
. Winter Pari, :fL 32789
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oend you frOG infoamUon Abou~ our qualUioaUona andexpor1once.

12 .

- - _ .. -

Florida Prison 'L,ega. Penpectives

NEWS~RIEF

AR- Officials'are planning to open a

high-security, penitentiary after a
study released on January 24,·2008.
The penitentiary would be at the
Federal' Correctional' ComplexForrest City where the Federal
Bureau of Prisons already operates
three prisons that house about 4,000
prisoners. The new facility could add
about 1,000 prisoners.
~

CA- On January 10, 2008, Gov.

Arnold Schwarzenegger released his
state budget proposal that' would
begin in July 2008. One proposal
calls for the early release of 22~000
prisoners.
CA- On January I, 2008, Sara Jane
Moore, 77, was paroled from a
federal prison near San Francisco.
No details were offered by prison
officials for paroling her. Moore was
convicted and sentenced to life in
prison for an assassination attempt
on President Gerald Ford on Sept.
22, 1975. Moore served 32 years in
prison before being paroled.
CO- Police released a statement on
January 27, 2008, that Diago OlmosAlcalde, 38, had been arrested after a
DNA 'match on a 1997 rape, murder"
and kidnapping. Alcalde was a
Wyoming prison parolee at the time
ofhis arrest.
CO- Jessica Duran filed a lawsuit
against Mesa County officials on
January 16, 2008, claiming that her
privacy and civil rights were
violated. Duran argues that guards
passed around nude photos of her she
sent to ,her husband while he was
incarcerated at the jail. 'And as a
result, she' suffered emotional
, fdistress and humiliation. Jail officials
respond by arguing that dtey open

1

catch

woods near the Longhorn Saloon' at
about 3:30 a.~

DE- The guardian and a . 17 year old

FL- In 'March '08 Tiffany Cole, 26,

itirl mistakenly .released from the
New CaStle Detention Center turned
themselves in on February '3, 2008.
The guardian' was asked by 'jail
officials if she was a group home
'worker, whim she replied she was,
guards let her and the 17 year old go.
, Jail guai'ds called authorities after a
true group home worker arrived
looking for th~ girl.

officially became the only person on'
Flori,da's female death row. Cole
received the death penalty after being
convicted ofthe robbery, kidnapping
and murders of Reggie and Carol
Sumner, both 61. The couple's bodies
were found in a shallow grave' aeross
the'border in Georgia in 2005. Three
ofthe four people arrested in the case
received 'the death penalty. Cole's
boyfriend, Mi~hael Jackson, and
Alan Wade also received a death
sentence. The forth, Bruce Nixon,
received .55 years in prison for
testifying against the others. Cole is
being housed at the Lowell CI annex
where the female· death row is
located.

, inmate mail'
contraband.

only

to

DE- Calvin Harmon, 44, .escaped
from DOC personnel on January 6,
2008;' at the Beebe Medical Center
where he was being treated for a
, medical condition.. Officials say that
Harmon was ~ought to be changing
into hospital garb, however, he
eluded staff.
'

FL- As of April 20, '08, 'postcards
, are the only type .of pe~onal mail
Hillsborough
County'
sheriffs
that prisoners in the Lee County,
officers ,0, were suspended for
Florida, jail are allowed to receive.
purposely tipping a paralyzed man
Pictures are required to be printed on
out ofhis wheelchair onto ajailhouse
postcards, if sent,' and envelopes
floor, said authorities. A surveillance
'containing any other correspondence,
footage taken on January 29, 2008 ' aren't' allowed unless they' contain
shows deputy Charlotte Marshalllegal correspondence. The new
Jones, 44, dumping Brian Sterner out
policy was enacted in response to a
of . his .wheelchair. 'Sterner was
biohazard threat that locked down
, arrested on a warrant for a traffic
the Charlotte County Jail in February
, violation: 'Three officers were placed
when a mail clerk fell ill after
on ..administrative leave 'pending an
opening a letter containing a white
. investigation, Jones was suspended
powder substance. The Charlotte Co.
without pay. The names of the three
Jail has not restricted prisoners mail
other officers were'not released. '
following that incident, unlike
neighboring Lee County. It is
FL- Lake City officials arrested
, doubtful the Lee County restriction
David Lee Sweet, 51, on January 30,
will last long, p~soilers, especially
2008, while checking a business area
those in jail awaiting trial, retain
because 'of 'recent burglaries. Sweet
significant· protections of First
had escaped during the' month of
Amendment rights. and if not
December 2007 from the Georgia
~oluntarily lifted; the mail restriction
DOC and ~as found hiding in the
will likely be challenged in court.
~ . On February ,13, 2008, four

13

Florida PrisoD' Legal Pe'rspectives'
FL- A Miami state judge sentenced
fonner Miami police officer, Michael
Ragusa,')2, to 10 years in prison on
February 12, 2008. The former
police officer entered a guilty plea to
rape and kidnapping charges. Ragusa
Was accused of. sexually assaulting
three women in Miami Beach, 'last
year, while he was in unlfonn,and in
hjs patrol car. " "
FLo The Justice Eq~ality. Human

Dignity Tolerance
Fo,undatton
announced on February '12, 2008,
that the former DOC secre~, Jim
McDonough. had accep.ted ~ posiqon
with the New York-based foundation
that promotes, crUD,inal' ju~ice
,re{()rm., McDonough ~,named. ,a
senior fellow for the foundation. T1}e
foundation, which was c;~ed, I in
2000, has over,SI million iJ)v~te~ in
projects in Flori4a, including mental
health 'issues for people ..jn. the
criminal justice syst~ and,juveni,le
justice reform.
'
FLo During the first week. "of
, February 2008, Tajuane Dubose, 19,
a Duval County Jail 'inmate, .was
, charged with a nljsdemeanor .offense
of viola(mg jail rules. Jail officials
say that Dubose was chai'ge~ because
of six, disciplinary repo{tS, ~e
received for disrespecting officials,
disobeying orders, and damag~n.g city
property!,Dubose is bejog hel4 at~e
jail awaiting;: t}ial for a mu~er
charge.
'".,

J,

. . '

FL- On February 9,2008, Kutana
Woods was fired· from the Juvenile
Facility Xouth ~Ac8demy . for
unnecessarily intervening in,~ verbal
de-escalating dispute ~eeo st8ff
and a tee"ag~ inmate! Otlicial$ ~y
that Woods used an unne~
degree of force ~t caused the' 16
year old inmate broken, shoulder.
Woods w8.l!, a mental .health
~chnician at the facility. The name
ofthe 16 year old was notreleased.

a'

FL- Two Columbi.a County Jail
inmates, Anthony W~. 34, and

14

the women said she had sex with 'the
Michaek Chaumont, 33, are bei.ng
charged with escape, battery on a law ' fonnerpolice chief after he promised
enforcement officer. and false
I~nien~y 'for: her husband in a
drunkeil-driving . case. Prosecutors
imprisonment. The charges stem
from an incident that took place on'
had ~nitially charged Yates with rape.
January 24, 2008. The two JIUI
inmates tried to escape and four other
m- Goy': Lingle requested' .federal
money to put up temporary tent-like
inPUltes halted the escape. The names
of the four inmates. were;,not
structures-on the Big island, Maui,
released. The four jail inmates were
and Kauai in Hawaii, after
jail trusties. Officials say that at
lawmakers on the outlying islands
around 1:00 a.m., ari offiCer went.to
opposed building a new permanent
.another, section", to check on a
prison. l1tis announcement was
disturbance. when the two inmates
made on January 30, 2008, and came
: came up. behind him' and 8rab~ed : in.
effort to' ease p~isoner
him iD a bear hug. The two took the
overcrowding.
officer's keys.' locked' him in the
IA- A federal lawsuit was filed on
dorm and tried to .~caPe through a
f\fC exit where they were ,stopped by
January 31, 2008, by Lisa 'Lambert
,the f~ur;trusties. '
asserting that the Woodburg County
Jail violated her constitutional rights
FL- On February, 1, 2008, Shaun
for s,trip searc~ing her. Lambert had
Mcf.adden, 26, was arrested on two
bl;en arrested on' a simple
counts of misconduct With female
misdemeanor. domestic abuse and
" iD~a~' he transported. McFadden
claimed that the strip search was
.worked with the -prisoner. transport
_demeaning, dehumanizing, and
company Transcor. One of, the
humiliating:
inmates call1=(! authorities and
notified them that McFadden had
IA- DOC. is beefing up security at
taken them to 'hotel ,md. had sex
the Oakdale prison officials
with the two. Jail officials say he
announced on January 7, 2008. Hightech fences and outdoor lighting will
"picked ilp the twQ. female inmates
and told o~ci~s he was taking them
be installed to prevent escapes at a
to a local hospital because they
cost of two million. Officials plan to
complete construction by early
~!!d~'t been cleared m~ically for
summer 2008.
transport and l1~ed ppysicals.
,Authorities ~ocated McFadden and a
female inmate in the hotel room. .
IN- A prisoner who spent more than
two decades in prison for the murder
, of' an 89 year old' woman was
exonerated on January 28, 2008,
GA- ..On _January.6, ~Ob8, a -fonner
after. a new DNA test. David Scott,
offacer". Michelle
correctional
39, left the Vigo County Courthouse
,Robinson, Was sentenced 10 three
years probation. Authorities' Say ,that
a free man after a judge ordered his
release. Officials say that another,
ill.July 2008, ~obinson ~as, caught
man has been arrested for the
having sex with a prisoner .at the
Coweta -CQunty ~risori. ,_ She plead
murder.
guilty to violating her oath of office
,to avoid se~aI assault charges.
KY- A former state police trooper,
who in 2005 admitted that he 'forced
GA- David Yates, 42. the former
an undercover informant to kiss him
LUthem.ilIe' . police chief, ' was
and tried to persuade a fellow state
sentenced to five years .in prison after
trooper to lie to a federal grand jury
entering a guilty plea on Febl'WlJi
about the incident, was sentenced \0
14", 2008,to, coercing, sexual
10months in prison.Jason O'Bannon
encounters with two women. One of
plead guilty on January 17, 2008, to

an

a

Florida Prison Legal Penpectwes
witness tampering .and violating the
infonnant's civil rights.
KY- During the last week of January
2008, three fonner Grant County }ail
guards plead not gUiltY to
encouraging a SfOUP of inmates to
rape another inmate who was 17
years old and cover it up. The three
guards are Clinton Shawn Sydnor,
Wesley Lanham, and Shawn
Freeman. The charges against the
three, include conspiracy against
rights and deprivation ofrightS under
'
color of law.
LA- On December 30, 2007, police
arrested one of six teens who had
escaped' two weeks prior from the
'Youth Study Center. Three of the
teens were captured the same day,
while two remained at huge. In the
last 15 months there have been three
escapes at the Center.
LA- A prisoner who spent almost 26
years in prison for a rape he did not
cOmmit was released on January IS,
2008, based on DNA tests. Rickey
Johnson, 52 had been arrested in
1982 and at the time DNA testing
Wasn't available.
MD- A prisoner who was receiving
medical treatment at the Laurel
Regional Hospital escaped after he
overpowered guards.' bfficials say
that Kelvin Poke" 45, briefly took a
worker hostage before stealing two
getaway cars on January 2, 2008.
Poke made his way:outside and shot
out the window of a car, then drove
away. Thirty miles away police
found him and Poke tried to flee.
Poke 'then got out of the car and
opened fare on' officers who shot
back and killed him. The hostage
was not seriously injured. Authorities
gave no infonnation as to where
Poke was serving time.

ME- The York County Jail and the
Maine Civil Liberties Union have
settled a federal lawsuit filed by tltree
inmates'lbat were foreed to clean up
a' bloody cell in 2006 without

safeguards. On February 26, 2008,
the jail agreed it
no longer force
inmates to clean, up blood spills
without proper triiining or protection.

complaint against the county sheriff
in 2005 for emotional injury
claiming he found worms in his food
prepared by the Aramark Company.

Mo-

NJ- Union County Jail guards took

will

A, prisoner at a St. Louis
prison, Nonnan Lee Toler, filed a
lawsuit on Jil;nuary 6, 2008, claiming
his soul 'is at stake because he is
Jewish and prison officials refused to
serve him with kosher meals in
prison. Officials argue'that Toler was
once labeled a white 'supremacist,
was found with photos of Hitler, and
has Nazi-inspired tattoos.
MS- In Feb. '08 a fonner guard at the
federal prison in yazoo County was
sentenced to 25 months in prisolt
·himself for providing cigarettes to it
prisoner for' mon~y.' The former
guard, Victor Dean, pleaded guilty in
December to bringing five cartons of
cigarettes to.the prisoner for $1~OOO
which was wired tQ a friend of,

Dean's.

'.

20 hours to notice that two inmates
had escaped during' the month of
. December 2007. One inmate- was
captured on January' 8, 2008 in' 8
basement apartment one mile away
from the jail, while the second
inmate,
was reported to be in
custody the next day at Mexico City.
NJ- A Middlesex County Jail Inmate
who tried to escape on January 19,

2008, will be charged with escape,
said authorities. Timothy Petties, 20,
was unable to leave the jail. Officials
say that Petties crawled into the
ventilation system where he stayed
for'two days. Jail guards found him
using a thermal imaging camera that
detected his body heat.

N1.W- Officials ch4lrged Tom Havel,

54, who was the head ofthe San Juan
County Detention 'Center, with
NC- A prisoner trying to escape was
killed by guards on JanuarY 22, 2008, - kidnapping, aggravated' battery, and
at the' Johnston Correctional
intimidation of a witness. The
Institution. Officials say that Adelino
charges were brought against him on
Nejera scaled twa fences surrounding
January IS, 2008. Authorities say
a paint plant and ilP'0red ,several \ Havel beat his wife and held her
against her will. Havel was placed on
commands to stop before being shot.
Nejera was serving a '10 year
paid leave pending the outcome of
sentence' for a second degree 'murder
the charges.
conviction in 200 I.
NM- The Bernalillo County
ND- Jail inmates from the Rolette
Metropolitari
Detention
Center
County Jail were m'oved to other
decided on January 10, 2008, not to
facilit~es on'January 9, 2008, after lin
accept
prisoners
who
have
inspection conducted during' the
committed
.technical
parole
month of'· December -2007. The
violations. This move came in an
inspection concluded that officers, at
effort to cut cost and make space.
the'jail lacked training. Only one'out
Officials claim that technical parole
of eight guards had completed the
violators are the responsibility of the
required 120 hour state training
faciHty that released them.
program.
NV- Prisoners will be transferred to
NE- A Madison Count)' jail impale,
other prisons from the SaO-bed
Emilio Paron, had his lawsuit
Southern
Nevada
Correctional
dismissed' on January 2, 2008, 'for
Center announced the head' of DOC
failing, to
prove
deliberate
on 'January IS, 2008. This will take
indifference to his health and safety.
place in July 2008 and is part of a
Paron had filed a .civil rights
plan to cut prison spending by $25
15

Flori~a

million. The director said that this
closure will save $11.5 million.
NV- During the first week ofJanuary
2008, legislation was enacted to try
to reduce prison overcrowding.
David Smith, member of the State
Parole Board. said that 1.600
prisoners will be eligible for parole
hearings in February. This number is
more than double the hearings held
monthly for parole eligible prisoners.

a

NV- In a jail that has a capacity of
about 2.800 inmates:, with an average
of two fights a day, TV helps calm
the angry masses, said the Las Vegas
Sun. The Sun reported on the Clark
County Detention Center during the
second week of January 2008. The .
jail is about 700 inmates over
capacity, however, gangs and rivals
are able to sit together nicely and it
keeps their mind occupied,· reported
the Sun.
NV- On February 28, 2008, a fonner
Clark County Jail' inmate. Daimon'
Hoyt, 42, pleaded not guilty to
charges of trying to hire a hit man to
kill the judge, assigned to his case,
the prosecutor, and' a police
detective. Officials. say that Hoyt
offered .to pay a fellow jail inmate
$10,000 for each killing..
OR- After Major Frank Jackson
pledged to crack down on officer
misconduct in 2006, more police
officers and jail guards. were
disciplined in 2007 than in the last
seven years, said a report released on'
December 30, 2007 by The Plain .
Dealer. In 2007, 25 officers were
given reprimand letters. retraining,
and unpaid suspensions or w~re
dismissed.
OR- DOC officials said on January
27, 2008, that they plan to add about
450 prisoners to two prisons in
Dayton. This move came in an
attempt to ease crowding at the Ohio
Correctional Institution.
These
additions will bring both prisons to
almost 150% capacity and half ofthe
16

Prison Legal Penpectives

cells will have double bunks.
Officials say that 32 prisons designed
for about 37.000. prisoners are
holding almost 50,000 prisoners.

service weapon during an arguplent
at their home. Lugo in recent years
, hadmad~ two domestic abuse
complaints against the officer.

OR- Ajudge on February 27, 2008,
sentenced. Bobby Cutts. to life in
prison widl a chance of parole after
57 years. Cutts was a fonner police
officer who was charged with killing
his pregnant lover, Jessie Davis, 26,
and her fetus' in June 2007. The
fonner cop claimed that the murder
was an accident during an argument.
The jury spared Cutts' of the death
penalty.

PR- A Puerto Rico DOC employee
was fo~nd murdered on January 2,
2008, in ~e town of Taa Baja.
Officials say that Ana Diaz VBzquez,
SO, wBs found dead in the back ofher
ford explorer with multiple stab
wounds. Police are investigating a
prisoner who did time where
VBzquez worked who officials
believe killed her. The fonner
. prisoner's name w~ not releas~.

OK- Authorities charged Custer
County Sheriff Mike Burgess with
coercing and bribing, female.
prisoners so he could use them in a
sex-slave operation run out of the
county jail. Burgess resigned Apr.
16, '08, just as .state prosecutors filed
35 felony charges against him,
including 14 counts of second-degree
rape, seven counts of forcible oral
sodomy and five counts of bribery by
a public official.
.

RI- The DOC announced that on
January 6, 2008, 20 prisoners at a·
minimum security prison at Cranston
reCeived disciplinary action for
participating in an ultimate fighting
contest The prisoners claimed they
were gathering in a donn room to
play chess, however, offiCers later
noticed prisoners with bruises,. on
their heads and knuckles.

OK- The head of DOC, Justin Jones,
announced on February 14, 2008,
that prisons in Oklahoma had
reached 98.6% of capacity one week
prior. Jones called o!' lawmakers to
provide funding to buy new private
prison bed space.

RI- A jury acquitted Ernest
Spaziano, a state prison correctional
officer, of assaulting a prisoner on
January'31, 2008. Spaziano had been
charged with a misdemeanor charge
of simple assault. The incident took
place two years ago. Officials did not
say where Spaziano worked nor gave
the name ofthe prisoner assaulted.

PR- A Puerto Rico police officer,
Edwin Davila Negron, 41, turned
himself in on January 6, 2008, hours
later after he shot and critically
wounded his wife, Maribel Alvarez,
35, who was also an officer. The
incident took place in the town of
Niguabo and came during· an
argument. between the two in. their
home. Officials say that Negron used
his service weapon in the shooting..

SC- An undercover officer captured
Te11Y Lowry, 59, who had escaped
on January IS. 2008, from the
Federal Correctional Institution in
Estill. Officials say that Lowry was
waiting for a friend of a friend to
pick. him up, when he inadvertently
got into a truck with the undercover
officer who had him under
surveillance. His arrest took place
five days after he eScaped.

PR- On Jan~ary 13, 2008, Carlos
Ranios Santiago, 37. a Puerto Rico
police. officer, was arrested for
killing his wife, Deborah Berrocales
Lugo. Authorities say Santiago
confessed killing Lugo with his

UT- After a prisoner escaped from a
doctor's office that left a prison guard
dead in June 2007, prison officials
have been leading to more
specialized treatments inside the
state's prison system. During the

Florida Prison Legal Perspectives
month 'of Decemb~r 2007, state
prisons began hemodialysis for fiye
prisoners with kidney failure.
UT- In an effort to ward off lawsuits
after being exonerated from a
wrongful conviction, the state Senate'
approved a bill that would give, an
exonerated .person the average salary
of a state worker, now $35.000 a
• year. The bill was approved on
January 22, 2008, but a cap was
included to pay only for a maximum
of 15 years for a wron~ful
conviction.
VA- The chairman of the Virginia
State Crime Commission said in a
statement released on January, 13.
2008, that the state must build one
prison a year. According to the
statement, the prison population ,is
likely to grow about 6,700 in the next
five years. This would bring t~e total
prison population to abOut 44,700. A
haJf-dozen m~or ,prison ·projects
costing about $300 million are in ,the
works to accommodate the increase.

VA-

State officials announced on
February 27, 2008, that a $62 million
maximum-security
center
for
behavior rehabilitation was opened
for violent sex offenders. The facility
will hold about 300 sexually violent
people who have .completed their
prison sentence and were determined
in civil-commitment proceedings to
be public-safety risks.
VI- Elwood York, the head of the
Virgin ISlands' prison system
resigned on December 30. 2007. His
resignation ends a 10-year tenure
during which ,the island was
chastised by a federal court for
neglecting mentally ill prisoners.

, VT- Vermont state prisoners have
filed a class-action lawsuit against
the VT DOC claiming that a fooa
called "Nutraloaf" is so disgusting it
should be considered cruel and
unusual punishment. The loaf, which
is served to prisoners who have
allegedly thrown their regular food

trays put. of their cells ,or used the
trays or utensils
weapons, is ,
according to prispn officials, made,
out of bread, vegetables and
powdered milk baked into a loaf.
Prisoners, however, say the nasty.
uneatable loaf is used fol' punishment
and sho~ld therefore only be served
after, a formal' heai:ng is held ,~
determine if a prisoner actually
committed an otIenseor" whether
guards were just lying to get them on
the loaf. An attorney representing ~e
prisonerS, Seth Lipsclt~iz, said,
"Even in prison you get a little bit of'
due process."

as'

WI- A prisoner, Stuart Ellanspn, 38.
who held a dental worker in a storage
room, for about 5 Vz" hours' at the
Waupun Correctionallnstitution~was
sentenced on January 14. 2008 to 15 .
years. Ellanson was, already serving
life before the incident. took· place.
The dental worker was rel~
unharmed.
WI- In remanding a case back to the
lower court on January 29, 2008. the
District One Court, of'Appeals held
that Milwauk~e CQunty must
compensate thousands of inmates
who were held for days in poor
conditions at its jail. The, conditions
include: overcrowding, s.l~ping ~n
the floor next to urinals. and staying
in bug-infested areas. The DCA will
let, the lower court determine the
amount the inmates will be paid.

, WV- DOC officials announced on
January 16,'2008. that the prison cOSt
has almost doubled in the last seven
years. In 2000 the cos~ was $7 t 7
million and in 2007 513.6 million.
Officials say a 37% increaso in the
prison population and health care for
prisoners eats up around 14% of the
annual budget. Law makers have
considered adding 'around' $15
million to the next fiscal' year's
budget.
. "

state. who was a snitch. has been
settled. The snitch filed a lawsuit
claiming that he was beaten and
sexually assaulted by another
prisoner at the Rawlins State Prison.
Moreover. he told prison officials he
feared retaliation for, snitching on his
cousin, who was at the same prison.
and officials housed them together
while 'refusing to transfer him. The •
name of the snitch was not released
and details about the settlement were
being kept confidential
WY- Wyoming state pai<i $350.000
to settle a lawsuit ijled by a,former
prisoner who claimed that he had
been sexually assaulted and beaten
by another prisoner at the state
prison. The WY attorney general and
plaintiffs attorney had declin~ to
release the pay~ent amoUnt. The AP
had to
a public records request to
obtain the information in Feb. See
above WY article. _

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lculatlon:
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'Custody

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Oteclc wIth ycur dasslllcaUOn olflalr llnd the
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If ycu stili have
questlons, wrllllll Iettel wltlt II brief GlllllaMlIciII
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response. We are not attorneys, and therefore
do not provldo legal CDURSo! or representation,
lind will not Ilorform any 50fVtees In YlolAtion of
FooC rules and rClllullltions.

17

Florida Prison Lega. Perspectives
Resource List
Aprll2008
Office of Vital Statistics
POBox210·
. Jacksonville, FL 32231·0042.
904 1359-6900 "

FLORIDA
Government

Governor (Charlie Crist)
PIA5, The Capitol
Tallahassee, FL 32399-0001

Maintains state birtWdeath certijicates.
etc,

850/~88-4441

www.myOorida.com
Parole Commission
• 2601 Blair Stone Rd" Bldg. C
Tallahassee, FL 32399·2450 .
850/922-0000

Attorney General
PIAl, The Capitol
Tallahassee, FL 32399-1050
850/487-1963
www.oM.state.fl.US

www.mc.s~e.fl.us

•Public Service Commission
2540 Shumard Oak Blvd,
Tallahassee, FL 32399-o8S0
·8S0/413-605S
www .floridapsc,~oin

Department ofCorrections /.
Secretary Walt McNeil
.
2601 Blair Stone Rd,
Tallahassee, FL 32399·2500
850/488-7480
.,
www,dc,st8te,fl,us' \.,.

· Regulates in-state utilities. including
telephone services.

Department ofHealth . .,
2585 Merchants Row Blvd.' . ,
Tallahassee, FL 32399
850/245-4321
www,doh,stlte,fl!us' .
Department' ,of

(poLE).

Florida House of Representatives
402 S. Moriroe Street
Tallahassee, FL 32399-1300
850/488-1157 (Clerk) .
www;flhouse.gov

taw, ,EnforCement
..' ,

Florida Senate
404 S. Monroe Street
Tallihassee, FL 32399-1100
850/487-5270 (Secretary)
www,flsenate,gQv

POBox 1489
Tallahassee, FL 32302-1489
850/410-7000
www:fdle.state,fl,us
Department ofState ,
PL-02, The Capitol
Tallahassee, FL 32399-0250
850/245-6500
"
www.dos.state.fl.us
Websites contallisoll lIa1e agencies'
rules (Florida Admlnlrtrative Code) and
"Florida
Administrative. Weekly"
detailing current agency rulemaJdng

1"'0.

.

Office ofExecutive Clemency
(parole Commission)
2601 Blair StOne ad. .
Bldg. C. Room 229
Tallahassee, FL 32399-2450
8501488-2952
.'

{

Websites contain contact 1"'0 for all
state legislalors; a copy of all current
Florida laws (statutes); and bills thai
have been introduced in the Legislature
and their history, including in many
instances "staff analyses" valuable for
understanding legislaiive intent.

, Services:
Membership-based
organization.
Provides information
advocacy to state prisoners and their
families and advocaies,
Conducts
grassroots organizing of prisoners'
families and handles impact /itigation'
concerning civil rights / administrative
law affecting prisoners, their families
and children, Publishes bl-montlily news
journal..
"Florida
Prison
Legal
Perspectives.
It

Florida Justice Institute
2870 First Union Financial Ctr.
200 S. Biscayne Blvd.
Miami, FL 33131-2310
30S/358-2081
Fax: 30S/358-o910
.
www.FloridaLawHelp.com
Services,' Handles civil rights /itigation
concerning jail / prison conditions.
Makes rej'e"aIs for damage / civil-rights
cases,
Prison. advocacy. lobbying.
develops strategies for alternatives to
incarceration.

Florida Institutional Legal Ser., Inc,
1110-C NW 8111 Street
.
Gainesville, FL 32601
35219SS-2260
Fax: 35219SS-2189 .
www.criminaljusticeforum.comlPrisonIssues-FifesIFILS
8.ervlces: Legal ass/stances to Florida
s(ate prisoners.
Post conviction
assistance to three prisons only: FSP,
UCI and FCl
Impact lit/gation:
conditions of confinement, civil rights,
,,!edical, etc, Some individual services.

JAG Incarcerated Services
P,O. Box 386 (FPLP)
Quincy, FL 32353
FLORIDA
Legal Aid / Advocacy,Organizations

Florida Prisoners' Legal Aid Org" Inc..
POBox 1069
..
Marion NC 28752
www.floridaprisons.net
mlp@aol,cqm

Services: Prov;ces assistance/adVocacy
on Florida DOC/Parole matters. Write
for info on s.ervices and rates,

FLORIDA
Attorneys

Loren Rhoton, Attorney
Rhoton &. Hayman, P.A,

18

Florida Pris~D Legall Penp~ctives
412 E. Madison St., Ste. 1111
Tampa, FL 33602
813/226-3138
E-mail: motonI67@ao\.com .
Specializes in Florida post conviction,
direct appeals, sentence corrections, new
trials. federal habeas corpus, 3.850,
3.800
'

David W. Collins, Attorney
POBox 541
Monticello, FL 3'2345
850/997-8111
Specializes in all area ofpost conviction
relief, including, app~als, 3.850,3.800
state-federal J!abeas corpus, parole
hearings, clemency; etc.

Daniel D. Mazar, Attorney
2153 Lee Road
Winter Park, FL 32789
1-888-64S-53S2(Toll free)
407/645-5352
407/645-3224 (Fax)
Provides representation in Direct
Appeals, Belated Appeals, 3.850
motions, 3.800 motions, State and Fed
Habeas Corpus, Detainers, and other
Post Conviction matters. Over 30 yrs.
expo In criminal law.

Michael Ufferman, Attorney
2022-1 Raymond Diehl Rd
Tallahassee, FL 32308
850/386-2345
www.uffermanlaw.com
Provides representation in State and
Federal Criminal POst Conviction
Motions. Payment plans av~i/able.
-The hiring of an al/orney is an
important decision that should not be
based solely upon aavertisements.
Before you decide. ask the aUorney to
send you free written information about
their qualifications.
FLORIDA

BooksIPublicatlonslJournals

l&al
Continuing Legal Education Publications
(CLE)

CLE pub/lcations are produced by the
Florida Bar in collaboration with

LexisNexis. These are excellent books
covering Florida-specific legal topics,
such as Administrative Law, Appellate
Practice, Family Law, Legal Research
Legal Writing, Trial Practice, Civil Law.
Rules ofCourt, etc. To obtain more i""o
and prices for available publications in
~he CLE series contact:
LexisNexis,
Attn:
'Order Fu/flllment, 1275
Broadway, Albany, NY /2204 (ph# 800/
562-//97). Ask for Flo. Bar CLE
Publication catalog.

"Post Conviction Relief for the Florida
Prisoner"
..A collection in book form of Tampa
attorney Loren Rhoten's Postconviction
comer articles based on professional
experience, to relevant rules of
procedure. Price $20. To order iend'
money order, CQShier's or inmate bank
check to Loren Rhoten, Attorney
(address listed In "Florida Attorneyt"
section abave) or 'Order online at.
www.r~Otonpostconviction.com

"2007
Manual"

Govemment-in-the-sunshine

Manual covering Florida Sunshine Laws
(open public meetings and records laws)
published by The Fir~t Amendment
Foundation. Price $15.95 check or
money order to: First Amendment
Foundation, 336 E. Coliege Ave.,' Ste
/0/, Tallahassee, FL·32301. Credit card
orders call. 85(J1224-4555 or order
online at www.jloridafaf.org Add' 7.5%
state sales tox to $15.,95 payment.
FLORIDA

assistance and referrals to Jewish
prisoners and theirfamilies.

Kairos Outside
140 N. Orange Ave., #180
Winter Park, FL 32789
407/629-4948
www,kjarosprisonminjstry,or,g
.kairosjo@ao!.com
Services: Provides men/oring, religious
ministry, family reunification sup'port
and weekend retreats for female adults
with incarceratedlavedones.

Prison CoMectiOn, Inc.
18S9 Polo Lake Dr. East
Wellington, FL 33414
8881218-8464
www.theprisonconnection.com
seeacon@aoJ.com
..

NATIONAL'
Newsletters/Journals

california Prison Focus
2940 161!l Street, Ste. BS
San Francisco,CA 94103
wWw.prisons.org
Quarterly news journal reports on
issues/conditions in CA SHU prisons.
Some national info. Prisoners $4 per
yr., all others $20. .Sample copy $1.

FAMMGram
1612 Ie St., NW, Ste. 1400
Washington, DC 20006
www,famm,org

Other G~oups ~ Organizations

Citizens United for Alternatives to the
Death Penalty
177 N. US Hwy I, Ste. B-297
Teque5t;'FL 33469
Services:
Grassroots organizing
people opposed to death penalty.

of

Aleph Institute
9540 Collins Ave.
Surfside, FL 33154
305/ 864-5553
. www,aleph-jnstitute,om
admjn@aJeph-institute,org
Services:
education,

Provides Jewish .religious
emergency
counseling,

Quarterly news journal focused on fight
against mandatory minimum prison
sentences.
Published by Families
Against Mandatory Minimums - a
National organization. Prisoners $/0
individuals $25,
professionals $50.
Membership-based organization.

Fortune News
53 W. 231'1I St., 81b Floor
New York, NY 10010
www,fortunesocietv,org
Quarterly magazine of the Fortune
society carrying wide variety of articles
and i""o about prisons, prisoners,
crimina/justice. rehabilitation, etc, Free
to prisonen.

19

." Florida Prison, Legal re~pectives

. I

Hepatitis C Awareness News
PO Box 41803
Eugene, OR 97404

Coalition for Prisoners,Rights Newsletter
P.O. Box 1911
Santa Fe. NM 87504

Bi-monthly newsletter published ~ by
hepatitis C Prison Coalition with news
and info about Hep C and llIVlHCV,..
Free upon request, but stamp donations
needed and. welcomed

Prison-related newsletter published
montJdy. Free to prisoners and their
families. all others S12 per yr.
Donations/stamps appreciated to help
with publishing/mailing.
NATIONAL, .
Book Projects

Justice Matters .
PO Box 40085
Portland, OR 97240-0085

Quarterly newsletter published by the .
Western Prison Project. Prisoners $7 .
per year, $15 all others. Good resource
Info.
Prison Legal News .
21190 NW 80lh St. #148
Seattle, WA 98117
Web site: www,pdsonlegalnllws.org

Monthly journal carries summaries and
analysis ofrecent prisoner rights casu,
self-help litigation articles, prisonr~/ated news. Prisoners SI8 per year,
S25 others. Sample copy $1.

Quarterly selfhelp newsletter covers'
(non-prison) civil /ltlgatlon issues..,Two- .
year subscription S12.

Upendra Dasa
P.O, Box 9116
Boise, ID 83707-9116 .
01"

Liberation Prison Project
P.O. Box 31527
San Francisco. CA 94131

Krishna·

.,

('

Offers Buddhist materials
Human Kfudness Foundation
P.O. Box 61619
Durham, NC 27715

Free interfaith spiritual books and.,
newsletter.

20

Books Through Bars .
4722 Baltimore Ave.
Phil~elphia, PA. 19143-3503
Prison Book Program
clo.LucyParsons Ctr. & Boo!cstore
1306 Hancock St., Ste 100
Quincy. MA 02169

Nolo News
50 Parker St.
Berkeley, CA 94710'

Free
materials
ConsciollSne.u

The, following sources provide free
books to prisoners. liIowever, these
projects rely on volunteers and donations
to operate, Whenever possible, prisoners
should help these projects when
requesting free books by sending a few
stamps for postage. . Requests for
specific books can rarely be honored,
instead, request books by type. e.g.
mystery, legal, historical, novel, etc.
Requests are usually limited to 2' or 3
books at a time.
.
.

Prison Book Project
PO Box 396
Amherst, MA 01004-0396
Prison Book Project
P.O. Box 1146
Sharpes, FL 32959
Subterranean Prison Books .
9 E. Gregory
Pensacola, FL 3250I
Wayward Council Books
Gainesville Books for Prisoners
P.O. Box 12164
Gainesville. FL 32604
Books 4 Prisoners
clo Groundwork's Books
.0323 Student Center
La Jolla, CA 92037

. Book 'em .
P.O. Box 71357
Pittsburg, PA 15213
MEP
P.O. Box 5311·
Madison, WI 53705
DC Prisoners Book Project
P.O. Box 5206
HyattsvilJe~ MD 20782
Bound Together Bookstore
Prison Literature Project
1369 Haight St.
San Francisco. CA 94117
NATIONAL
Resource Lists
"ACLU Prisoner Assistance Directory"
(Florida prispnerssee Volume 4. of·
"Prisoners and the Law" in major
institutions' law library-'contains above
directory.) ,
.

UResource Directory for Prisonersu
Naljor Prison Dhanna Service
PO Box 7417·
Boulder. CO 80304 .'
www.naljor.com
. \ ., .
(Directory can be printed off·website for
free.)
"National Prisoner Resource List" .
ovailablefree from:
'.
Prison Book Program
1306 Hancock St, Ste 100
Quincy. MA 02169
"Resource and Organizing Guide"
oval/ablefrqm,'
Prison activist Resource Center
PO Box. 339
Berkeley, CA 94701
.
(Donation/stamps requested to help
offiet printing/mailing costs.)
"Directory of Programs Serving Families
ofAdult Offenders"
available free from.'
National Institute ofCorrections
Infonnation Center.
,
1860 Industrial Circle. Ste. A
Longmont, CO 8050 I
NATIONAL
Grou,pSJOrganlzations
The Sentencing Project

Florida Prison Legal Penpective&
.www.nationalclemencyprojeet.com ~

918 F. St., NW, Ste. 501
Washington, DC 20004
2021 628-0871

Services: Provides technical assistance
to develop alternative sentencing
programs and conducts research on
criminal justice .issues.· No direct
services to prisoners.

Criminon
P.O. Box 7727 (FPLP)
Clearwater, FL 33758

Providesfree self-help courses.

SPR works to end sexual violence
against prisoners: Counseling resource
guides for prisoners and released rape
yictlms and advocates are availablelor:
AI., AZ, CA, CO, FL, GA, IL, LA, OK,
OR. MI, MS, NC, NY, TX WI or
nationwide.· Specify state with request.

Vietnam Veterans of America
8605 Cameron St., Ste 400
Silver Spring, MD 20910
www.vva.org

Publishes "From Felon to Freedom" a
pre-release guide· for· imprisoned
veterans. Wrile for more info.

Amnesty International, USA

Salvation Army
P.O. Box 269
Alexandria, VA 22313

322 Eighth Ave.
New York, NY 10001
www·amnestv.org

Has parole/probation programs .in·
almost every major city. Writelor info.

AI 'Is an Independent, international
organization that works to protect
human rights.,
for

Correct HELP
P.O..Box 46267
West Hollywood, CA 90046
HIV Hotline 323/822·3838

Provides info related to HIV, Contact If
you can't access progrf:!1nS or are not
receiving proper medication.

,,-

National Death Row Assistance
Network ofCURE
Claudia Whitman
6TolmanRd.
Peaks Island, ME 04108
www,ndran.org

NDRAN is a new CURE project formed
to help death row prisoners across u.s.
gain access to legal, financial and
community support and to assist
prisoners' efforts to act as selfadvocates.

Sun ~ubscriptions
915 Densmore Dr.
Winter Park, FL 32792

. Discount magazine subscription service.
Write/or price list.

.

{When· contacting the above discount
magazine services, please let them bulw
that you learned about them. in Florida·
Prison Legal Perspectives.]
INTERNET RESOURCES

Information on the Internet is available
to prisoners with family or mends on the
outside ,with online access who will print
and lJlail material in. The amount ofinfo
on the 'Net' is tremendous. Info on
almost any subject can be fOund online.
The following lists some websites that
.may be useful for info•.
LegallLeglslative

NATIONAL

Services
Services: Organizes prisoners and their
families to work for criminal justice
reform. Many state chapters.

National Clemency Project (FPLP)
8624 Camp Columbus Rd.
Hixson, TX 37343

Grani Publications
Alicc',S. Grant
P.O. Box 28812
Greenfield, WI 53228-0812

Discount" magazine subscription service
for prisoners; Sf!nd
SASEfor
price list.
,
,

Stop Prisoner Rape
3325 Wilshire ·Blvd., Ste. 340
Los Angeles, CA 90010
www·sptOrg

CURE
(Citizens
United
Rehabilitation ofErrants)
National capitol Station
PO Box 3210
Washington, DC 20013
2021789-2126
www.cuo;national.org

printed from the above website at no
cost.

General

Let My Fingers Do Your Typing
PO Box 4178·FPLP
Winter Park, FL 32793-4178

www.lawcrawletcom
Searches government and other sites for
law.

Services: Professional typing· services
by mail.
Computer, typewriter,
transcription, black/color printing and
photocopying. Free price list upon
request. Special rateslor prisoners.

www.no!o.com
Provides some general legal irifo and
sells books on wide variety 0/ legal
topics useful to the public.

center for Constitutional Rights
666 Broadway
New York, NY 10012
www.jailhouselaw.org

CCR is one of the organizations that
cooperates to produce the "Jailhouse
Lawyer's Man.ual. "Copies olthe manual
are provided to prisoners at no charge.
The JLM can also be downloaded and

www.findlaw.com
Good sitelor searching out federal and
state law.
www,washlaw,edu
Legal search enginefor loco/ing primary
legal sources at the federal and stale
levels.
www.prisonactivists.om

21

Florida Prison Legal Perspectives
"..

•

Provides wide variety of prison-related
info. Includes large "LinJc" section to
m.any other related legal and nonlegal
websites.

University
website.

.

.

01 Florida law library

. www.stetson.edu(~epartments/!jbmryl!a
~

www.martindale.com
Provides info ,on lawyers nationwide,
including contact info. area ofpractice,
how long. dc.
Federal
www.thODl8S.IQC,gov
. .
Sourceforfederal legislative malerial.
www.uscourts.goy
Links and information about
Supreme and otherfederal cOurts.

u.s.

www.call.U5COUrts.goy
Eleventh Circuit COUl't of Appeal
websile.

www,flnd,uscourts·goy _#?~
District Court. Northern District of
Florida website.
.

Us.

.Stetson University law library website.

www.legal.fim.edu
Posts the "Government in the Sunshine
Manual" (Public meetings and public
recot'ds manual).
www·Oabar.orglnewOabar/memberservic
eslCLE
.
Sells continuing Legal Education series
oflegal books concerning Fla.law.
Florida
Supreme
Www.fJcourts.orn. " '

Court: .

District Courts of Appeal:
First DCA: www.ldca,org
Second DCA: vimv.2dca.org
Third DCA: www.3dca,Oxourts.org
Fourth DCA: www.4dca;org
Fifth DCA: www,Sdca.org

Circuit Courts:
III Circuit: www,tirstjudicialcin:uitorg
2nd Circuit: www.2ndclrcuILleon.fJ.us
3M Circuit: www,;ud3.flcourts.org
4lbcircuit:www,coj.netJDepartments!Fgu
www.fJsd:uscoYrts.goy
J1h+,Judlcial+Cjn;uit+Courtldefiuilt.htm
. U.s. Dutrict Court. Southern Duirict of
5~in:uit
.
,
Florida website.
hP;!0tid5,fJcourts.orglcourtsiindex,htm
6 Circuit: ·www.jud6.om
.
7t1J Circuit www.cin:uit7.gm
.
St!l C~uit: www.cin;ujtS.om.
www.myfloridacom .
. 9t!l Circqit:; m,ninja9,org
.
Links to state agency and government
IOt!lC~~;www,judIO,org
.
offices' websltes.
II III Circuit: Iittn;lljudlUlcgurts,org
.. 12':" Cirqqi~ httniU12circuitstale.O,us
www,Osenate.g9Y
c'
1311> Circuit: http;laudI3,Ocourts,org
www·Ohouse.gov
14lb Circuit·· for information call ·850747-5327
..,
Florida Legislature's wehsite.s, Provides .
dir~01 state legislators; completi
ISlb Circuit:
Florida statutes (laws): Senate'. and
!Jt'!,co.pglmbeach,fJ,uslcadmln .
16 CirCuit: www';udI6,f1courts,qrg
House bills, bill histories and analyses,
l71h-~in:uit: www.l7tb,flcqurts.org
ISIh Sttcuit www';udI8.0cqurts,qrg
www·flcourts·grn.
191h Circuit: www,cin;ult19,org
Provides directory and links to Florida
courts" websites.
201h Circuit: www.ca.ci!s20.org
www.f1md.t!scourts·gov
U.S. District COUI'I. Middle District of
Florida wemite.

www,FCLA.edu
Florida Stale University law /Ibrary
website.
www.law.mjaroj,eduJIibrary
University ofMlaml/aw library website.
www.law.uO.edu

22

FPLP updates this ,list on a continuing
basis as a service to readers. Please let us
know if you are aware of other resources
that prisoners, their families or advocates
maybe interested In at the below address
or by e~ail:

Florida Prison Legal
Perspectives
Attn: Resource List
POBox 1069
Marion, NC 2S752
tplp@ao!.cqm

Please f~1 free to copy and distribute
this resource list to others.•

TV P I· N' G
SERVICE·
Computer· Typewriter'
AL L KIN DS OF T YPIN G
Including but not lim"ed to:
. Legal Briefs, TeXt Documents,
Newstetteis, Articles, Books,
Manuscrfpts, Database, Charts,
Fonns, Flyers, Envelopes, ETC,

alack I Color Printing &. Copying
"SPECIAl. RAlfS FOR PBJBOHERSD

FORA "FREE" PRICE LIST ANi>
MORE INFORMATION SEND A
SASE TO:

LET MY' FINGERS
DO YOUR -TYPING
Sandra Z. Thomas'
PO Box 4178
wrnter Park, FL 3279~178

Phone: 407-579-5513

CRIMINO~

(An inmate education organization)

Stuck in the "system?" Took a
wrong tum? Need a change? Write
and ask for the free "'The Way to
Happiness" correspondence course
from:
Criminon Florida - FPLP6
P.O. Box 7727 Clearwater, FL
33758
•

Flo rid aPr i son·L ega I Per s pee t i v es
Florida Prisoners' Legal Aid Organization Inc.

BECOME A MtMBER"

I

, /',

YES '! I wish to b~me a member ofFlorid~
Prisonerst Legal Aid'Organization, Inc. '
;";"

3. Your Name and Address (PLEASE PRINT)

1. Please Check .;' One:

o
o

DC#

_~

Membership Renewal

_

Name
New Membership
Agen~lLibraryllnstitDtion

IOrg!

2. Sel~t .;' Category

a

SIS Family/A~vocatelIndividUaI

CI

$10 Prisoner

'

'., .,

City;

State

Zip

CJ $3,9 AttorneyslProfessionals

a

~60 Govtt AgenciesILibrarieslOrgsJetc.

'

EmailAd~ and lor Phone Number

PI~ make all checks or money orders payable to Florida'Prisoners' Legal Aid Org.,lne. Please complete the above fonn and send it along with
the indicated membership dues to: FPLAO, Inc., P.O. Box 106~, Marlon NC 287~. Fbrjfamily members or loved ones ofFlorida prisoners who arc
unable to afford the basie membership dues, ~y contrlbl,ltlon is acceptable fo.r mCJilbcrship. Memberships run oneycar.lfyou would like to make a
donation to FPLAO, Inc.. to hclp thc organization Continue Its worle for l?rlsoners and..thcir families, send donations In any amount to the same
address. Thank You. All members receive Florida Prison Legal Perspectives. '

Criminal Appeals
Stale and Federill

Advertise in FPLP

Criminal Postconviction Motions
FcderJI Habeas Petitions

Reach new clients or
customers th~ough advertising
in Florida Prison Legal
Perspectives. To obtain
. advertising and rate
information write or email us
at:

Slale 3.850 and 3,800 I\-'ollons

MICHAEL UFFERMAN
,\ II"rl1e~·-;II,I.a\\"

2022,1 Raymond Diehl Rd .• Tnllnhasscc, FL 32308

850-386-2345
CREDIT CARDS ACCEPTED

WWW.\lfft::rnllllllllw.com
FilEE CONSULTATION

PAn.1ENT PLANS AVAILABLE

FPLP
Attn: Advertising
P.O. Box 1069
Marion, NC 28752

Or
fplp@aol.com

23

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