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Ninth Circuit: California Lifers Have No Inherent U.S. Constitutional Right to Parole
by John E. Dannenberg
In a major loss for California lifers, the Ninth Circuit U.S. Court of Appeals, in an en banc ruling, held that a second-degree murderer who had served 27 years on a 15-life sentence did not have a right to parole that devolved from either federal law …
In a major loss for California lifers, the Ninth Circuit U.S. Court of Appeals, in an en banc ruling, held that a second-degree murderer who had served 27 years on a 15-life sentence did not have a right to parole that devolved from either federal law …
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More from this issue:
- Secret Justice: Criminal Informants and America’s Underground Legal System, by Alexandra Natapoff
- New Details Regarding Race Riot at USP Florence, by Brandon Sample
- From the Editor, by Paul Wright
- Dozens of CIA “Ghost” Detainees Unaccounted For, by Matthew Clarke
- ACLU Report Applauds Michigan’s Efforts to Reduce Prison Population, by David Reutter
- Report on Prison Privatization Plagued with Political Connections, Conflicts of Interest, Faulty Data
- Habeas Hints: Certificate of Appealability, by Kent A. Russell
- $315,000 Settlement in Illegal Arizona Police Strip Search
- Salt Lake County Agrees to Pay $75,000 to Settle Jail Suicide Suit
- 50,000 Illinois Felons Released Without DNA Collection
- California Jail Detainee Attacked by Cellmate, Family Accepts $1.85 Million, by Michael Brodheim
- Book Review: Anne-Marie Cusac, Cruel and Unusual: The Culture of Punishment in America, 336 pp, Yale University Press, $27.50, by Amy Vanderwarker
- Georgia’s Privatized Probation System Traps the Poor, by David Reutter
- Judge Finds Unconstitutional Conditions at Massachusetts Jail, 11 Years After Suit is Filed, by Brandon Sample
- Ninth Circuit: California Lifers Have No Inherent U.S. Constitutional Right to Parole, by John Dannenberg
- Report Details Societal Effects of High School Dropout Rates – Including Incarceration, by David Reutter
- $1,500 Settlement for Wisconsin Prisoner’s Cold Cell Conditions Claim
- California: Budget Cuts Target Rehabilitation Programs, by Michael Brodheim
- Pennsylvania Judges Involved in Corruption Case Face Liability; 5,000 Convictions Thrown Out, by David Reutter
- $2,750 Settlement in California Prisoner’s Denial of Exercise Claim
- Montana State and County Officials May be Liable for Injuries Caused by Private Prisoner Transport Company
- NACDL Releases Report on U.S. Drug and Mental Health Courts, by Matthew Clarke
- PLN Prevails in Public Records Suit Against GEO Group, by Alex Friedmann
- Fifth Circuit: RLUIPA Does Not Create Individual Capacity Cause of Action
- Virginia Sheriff Sentenced to 19 Months on Corruption Charges
- Prison Psychologist Shoots Ex-Prisoner Boyfriend, Loses Her License
- Georgia Jail Settles PLN Censorship Suit, Pays $149,759.21 in Damages, Attorney Fees
- Oregon Prison Officials Treat Heart Failure with Antacid, Tylenol, Heat Pack, by Mark Wilson
- BOP Agrees to Pay $30,000 to Prisoner Assaulted by Guards
- New Jersey: Class-Action Status Granted in Suit Challenging Conditions of Confinement at Passaic County Jail, by Michael Brodheim
- Oregon Youth Authority Warden Gives Agency a Black Eye
- U.S. Attorney Nominees Involved in Hiding Court Records, by David Reutter
- $60,000 Settlement in New York Jail Captain’s Assault on Prisoner
- California: Furloughing Prison Employees Costing Taxpayers More, by Michael Brodheim
- Sixth Circuit: Shy Bladder Suit Returned to District Court
- Florida Prisoner Exonerated by DNA After Serving 35 Years, by David Reutter
- Being in Unauthorized Jail Area Without Escape Intent Not a Crime in Indiana
- Fourth Circuit Holds Individual Capacity Damage Claims Unavailable Under RLUIPA
- Ninth Circuit Holds Prosecutors Immune for Parole Recommendations, by Mark Wilson
- New York Prisoner Gets Mixed Verdict in Retaliatory Beating Ruling
- Ninth Circuit: Race-Based Prison Lockdowns Must Satisfy Strict-Scrutiny Standard
- Federal Circuit Rejects Prisoner’s Claim of Copyright Infringement
- DC Circuit Reverses CCA/TransCor Non-Exhaustion Dismissal
- Summary Judgment Reversed in Illinois Jail Suicide Suit
- California: Indefinite Civil Commitment of Sexually Violent Predators May Violate Equal Protection
- Reversal of Summary Judgment on 55-Day New York SHU Placement Claim
- Mental Health Specialist May be Liable in California Jail Detainee’s Suicide
- New York’s Catch-All Contraband and Anti-Smuggling Rules Unconstitutionally Vague
- No Liberty Interest Under Utah Parole Scheme
- No Qualified Immunity for Excessive Force at Ohio Jail
- Sixth Circuit: RLUIPA Does Not Permit Monetary Damages
- Ineffective Attempts to Protect Texas Prisoner Were Sufficient
- No Qualified Immunity for Denial of Protective Custody to Ohio Prisoner
- Illinois: Disabled Detainees’ Discrimination Claims May Proceed to Trial
- New York City Jail: $275,000 Settlement in Prisoner-on-Prisoner Assault
- California: Prison Appeals Coordinator Who Rejected Dental Complaints Held Liable for $1,500 in Damages
- News in Brief:
More from John Dannenberg:
- Disciplinary Self-Help Litigation Manual, 2d Ed., by Dan Manville, March 5, 2015
- Systemic Changes Follow Murder of Colorado Prison Director, July 10, 2014
- The Redbook – A Manual on Legal Style, April 15, 2014
- Arrest-Proof Yourself, by Dale Carson and Wes Denham, March 15, 2014
- Arrested: What to do When Your Loved One’s in Jail, by Wes Denham, Feb. 15, 2014
- California Parole Board Agrees to Implement Policy to Fix Terms at Lifers’ Initial Hearings, Jan. 15, 2014
- FCC Order Heralds Hope for Reform of Prison Phone Industry, Dec. 15, 2013
- Federal Court Orders California to Release 9,600 More Prisoners, Aug. 15, 2013
- Valley Fever Declared a Public Health Emergency at Two California Prisons; Court Orders Prisoner Transfers, July 15, 2013
- Plata and Coleman Showdown in California, June 15, 2013
More from these topics:
- Federal Habeas Quick Reference Guide for State Prisoners, Sept. 1, 2026. Retroactivity, Habeas Corpus, AEDPA, Actual Innocence/Claim of Innocence, Cause and Prejudice.
- Sixth Circuit Holds Kentucky Deficient-Counsel Belated-Appeal Procedure Tolls Federal Habeas One-Year Limitations Period, Sept. 1, 2026. Limitations, Habeas Corpus, AEDPA, Failure to Preserve Challenge, Tolling of Statutes of Limitations and Laches.
- Formally Available, Rarely Granted: A State Prisoner’s Guide to Federal Habeas Relief, Sept. 1, 2026. Administrative Exhaustion, Habeas Corpus, Bureau of Prisons Orders, Administrative Law/Remedies, Evidence - Integrity/Reliability of, Tolling of Statutes of Limitations and Laches, Federal Rules of Evidence, Statute of Limitations.
- Eleventh Circuit Holds § 2255 Motion Not “Second or Successive” After Intervening Amended Judgment Corrected Unlawful Sentences, Even as to Claims Concerning an Undisturbed Count, Aug. 1, 2026. Habeas Corpus, AEDPA, Effect of Vacatur.
- California Supreme Court Limits Money Bail for Nonviolent Charges, July 1, 2026. Conditions of Confinement, Sentencing, Due Process, Constitutional Challenges/Law, Pretrial Detention and Detainees.
- Oregon Supreme Court: Jail Credit Statute Focuses Upon Legal Custody Not Physical Custody Location, July 1, 2026. Civil Procedure, Sentencing, Appeals/Appellate Jurisdiction, Criminal Justice, Statutory Construction/Interpretation.
- Louisiana’s Atavistic Approach to Criminal Sentencing and Parole Demonstrates Politicians’ Failure to Learn from Past Mistakes, July 1, 2026. Medical, Conditions of Confinement, Sentencing, Parole, Prisoners' Rights.
- California Appeals Court Sustains Amendments to CDCR that Narrow Youth Parole Eligibility Rules, July 1, 2026. Parole, Equal Protection Clause/Claims, Juvenile Offenses/Offenders, Credits, Prison Regulations.
- Eighth Circuit Dismisses Federal Prisoner’s Challenge to BOP Denying His Request for Expedited Transfer to Prerelease Custody, June 1, 2026. Release and Reentry, Habeas Corpus, First Step Act, Community Confinement/Home Detention, Credits.
- Two More Guards Face Prison Time for Messiah Nantwi Killing, June 1, 2026. Guard Misconduct, Guard Brutality/Beatings, Sentencing, Excessive Force (Wrongful Death), Plea Agreements/Guilty Pleas.

