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Continued Reliance on Commitment Offense to Deny California Lifers Parole Denies Federal Due Proces
Continued Reliance on Commitment Offense to Deny California Lifers Parole Denies Federal Due Process
by Marvin Mentor
The U.S.D.C. (E.D. Cal.) granted habeas relief to a California lifer whose parole had been repeatedly denied based upon the commitment offense, and ordered the California Board of Parole Hearings (BPH) to release ...
by Marvin Mentor
The U.S.D.C. (E.D. Cal.) granted habeas relief to a California lifer whose parole had been repeatedly denied based upon the commitment offense, and ordered the California Board of Parole Hearings (BPH) to release ...
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More from this issue:
- Georgia Prisons: A Blight On The Peach State, by Michael Rigby
- Texas Counties Set To Raid State Prisoners Trust Fund Accounts
- From the Editor, by Paul Wright
- Colorado DOC s Medical Oversight Found Remiss, by G.A. Bowers
- CSC Pays Public Defender Social Worker $125,000 for Rape in Juvenile Facility
- Former Georgia Parole Chairman Loses Appeal of Corruption Conviction
- Weary California Prison Gang Members Increasingly Opt Out for Solace of Sensitive Needs Yards
- Cell-Block Beatdown: Do Boston Prisoners Have Any Chance of Holding Abusive Prison Guards Responsible? Signs Are Not Promising, by David S. Bernstein
- Continued Reliance on Commitment Offense to Deny California Lifers Parole Denies Federal Due Proces, by Marvin Mentor
- Petty Stone Cold Kickbacks KO Government Employees Nationwide
- PHS Pays $350,000 to Settle Claim for Over-Medication Death of Florida Jail Prisoner
- Dismissal of Medical and Retaliation Claims Reversed, by Bob Williams
- Georgia Legislature Awards Wrongly Convicted Man $1 Million
- Minnesota County Settles Suit over Untreated Appendicitis for $225,000
- State Auditor Blasts Colorado DOC's Private Prison Oversight Failures, by Matthew T. Clarke
- Phoenix, Arizona, Settles Krone Wrongful Imprisonment Suit for $3 Million
- California DOC Settles Racially Determinative Housing Suit, by John Dannenberg
- Michigan Jails Strip Policy Unconstitutional; Guards and Get Qualified Immunity, County Liable, by David Reutter
- Severely Beaten L.A. County Jail Prisoner Wins Only $5,000
- Californias 2005 Prison Suicide Rate Doubles Over 2004, by John Dannenberg
- Utah Jail Policy Banning Subscriptions to Magazines and Newspapers Enjoined; Fees Awarded, by John Dannenberg
- Alabama Work Release Prisoners Reclassified Following Escapes
- NYDOCS Abandons ADA DOJ Exhaustion Defense
- Eighth Circuit Upholds Denial of Compensatory/Punitive Damages; Physical
- Exhaustion Not Required in Pennsylvania Parole Denial Challenges
- New York Prisoner Awarded $2,250 For Wrong Medication
- Repercussions from Georgia Courthouse Escape, Shootings Continue
- L.A. County Jail Gets $20,000 from State for Pruno-Sniffing Dogs; Inmate Welfare Funds Tapped to Mai
- $1.1 Million FTCA Emotional Distress Award In BOP Suicide Death Upheld, Even Though Murder By Guar
- Alabama Diabetic Prisoner Stomped On and Retaliated Against by Guard Awarded $20,000, by John Dannenberg
- Ohio Man Awarded $618,000 for Nearly 16 Years Wrongful Imprisonment
- PLRA Doesnt Bar FRCP 15(a) Amendment of Complaint - No HIV/Hepatitis Treatment = Imminent Danger o
- PLRA Doesnt Alter FRCP 23 Class Certification Analysis
- No Qualified Immunity on Toothpaste, Inhaler & Ventilation Claims
- Appointment of Counsel Satisfies Access to Courts Requirement
- Seventh Circuit Reverses Jail Lockdown Dismissal; Day After Christmas = Legal Holiday
- Missouri's 5-Year Limitation Period Applies to § 1983 Claims; 8th Circuit Reverses Earlier Decision to Contrary
- $1,250 Settlement in Oregon Retaliation, Court Access Claims
- Washington Prison Staff Properly Fired For Sexually Assaulting Prisoner
- On Remand From Supreme Court, Sixth Circuit Reverses Judgment on Guard Retaliation Claim
- Any Reliance On AA or NA Participation During Parole Consideration Violates Establishment Clause, by John Dannenberg
- Dismissal of Bivens Action for Non-Exhaustion Reversed
- California Probationers and Parolees Not Similarly Situated As To Eligibility For Prop. 36 Drug Tr, by John Dannenberg
- Sixth Circuit Requires Total Exhaustion Under PLRA; Decision Conflicts with Hartsfield
- Fair Labor Standards Acts Minimum Wage Provision Not Applicable to Private Prisons
- Washington Appeals Court Reverses the Dismissal of a Slip-and-Fall Negligence Action; State Responsi
- 2nd Circuit Reverses Sua Sponte § 1915 Dismissal; Parolee Owed Duty of Habitable Residence
- News in Brief
- Prisoner Suit Alleging Sexual Assault By Colorado Sheriffs Staff Reinstated
More from Marvin Mentor:
- California: Multi-Year Lifer Parole Denial Is Permissible Following One-Year Denial, Even In Absence of Significant Changes, July 15, 2011
- Ninth Circuit: “Some Evidence” of Offense Viciousness Justifies Denial of Lifer’s Parole, May 15, 2011
- California DOC’s Former Healthcare Receiver Overpaid Staff Benefits by $218,790, Jan. 15, 2010
- California Lifers’ New Litigation Tool: DA’s “Opinion” and Governor’s “Belief” Do Not Constitute “Evidence” in Parole Denial Cases, Sept. 15, 2009
- Federal Three-Judge Panel Orders California To Reduce Prison Population By 44,000 Prisoners Within Two Years, Sept. 15, 2009
- California: Parole Board’s Policy Barring Friendly Oral Witness Testimony At Lifer Hearings Ruled An “Underground Regulation”, Sept. 15, 2009
- Prisoner’s Right to Mail Announcement of Peaceful Demon-stration Trumps Purported Prison Security Claims, July 15, 2009
- California County’s 2005 Purchase of Private Prison Still Clouded in Conflict of Interest Questions, May 15, 2009
- California Appellate Court Grants Writ, Reverses Governor, Reinstates PLN Writer’s Grant of Parole, March 15, 2009
- Corruption in Orange County, CA Sheriff’s Department Revealed; Sheriff Resigns, Convicted on Criminal Charges, Feb. 15, 2009
More from these topics:
- New York Lifts Hiring Ban on Fired Striking Prison Guards, Announces Early Prisoner Releases, May 1, 2025. Work Strikes, Staffing, Parole, Guard Unions, Bail/Pretrial Release, Probation, Parole & Supervised Release.
- Ninth Circuit Grants Stay and Abeyance of Federal Habeas Petition to Allow Petitioner to Exhaust State Remedies, April 15, 2025. Administrative Exhaustion (PLRA), Habeas Corpus, AEDPA, Amendments to Petition.
- Third Circuit Grants Habeas Relief to Prisoner on Confrontation Clause and Ineffective Assistance Claims Based on Trial Court Reading Entire Criminal Information Into the Record of Co-Conspirator Who Pleaded Guilty, Feb. 15, 2025. Habeas Corpus, Ineffective Assistance of Counsel, Exculpatory No Doctrine, Confrontation Clause/Rights, Witnesses - Prior Statements/Testimony, Plea Agreements/Guilty Pleas.
- Texas Court of Criminal Appeals Grants Habeas Relief in ‘Shaken Baby Syndrome’ Case, Feb. 1, 2025. junk science, Habeas Corpus, Forensic Sciences, Child Abuse/Abusers, Evidence - Admissibility.
- Fifth Circuit Leaves Louisiana Prisoner Waiting for Reinstated Parole, Jan. 15, 2025. Parole, Overdetention, Victim's Rights to Enforce Collection.
- California Prisoner Awarded Over $1.26 Million in Suit Challenging Withheld Legal Mail Which Resulted in Habeas Loss, Jan. 15, 2025. Settlements, Habeas Corpus, Mail Regulations, Legal Mail.
- Georgia Supreme Court Grants Habeas Relief Where Both Trial and Appellate Counsel Provided Ineffective Assistance by Failing to Challenge Indictment for Residential Burglary That Failed to Allege Defendant Illegally Entered a ‘Dwelling’, Jan. 15, 2025. Habeas Corpus, Ineffective Assistance of Counsel, Constitutional Challenges/Law.
- Ninth Circuit Holds District Courts Have No Authority Under Rule 4 of Rules Governing § 2254 Cases to Dismiss Habeas Petition on the Merits, Dec. 15, 2024. Habeas Corpus, Dismissal, Authority and Jurisdiction.
- Ninth Circuit Grants Habeas Relief to California Prisoner on Napue Claim Because Prosecution Failed to Correct Informant’s False Testimony That He Did Not Receive Any Benefit In Exchange for His Testimony, Dec. 1, 2024. Informants, Habeas Corpus, Informants and Paid Witnesses, False Testimony.
- Public Defender Files Habeas Petitions for Detainees at “Horrific” Baltimore Lockup, Nov. 15, 2024. Failure to Treat, Conditions of Confinement, Hygiene Supplies, Disclosure of Records, Habeas Corpus.