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Rehabilitation Finding Eliminates 30-Year Minimum Sentence for Aggravated Murder, but Oregon Parole Board Balks
In Oregon, a rehabilitation finding under ORS 163.105(3) eliminates the 30-year mandatory minimum sentence for state prisoners convicted of aggravated murder and requires the Board of Parole (Board) to immediately set a parole release date, according to two unanimous en banc decisions by Oregon’s Supreme Court.
In 1977 the Oregon ...
In 1977 the Oregon ...
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More from this issue:
- State-by-State Prisoner Rape and Sexual Abuse Round-Up, by Matthew Clarke
- Ohio Facility is Recycling Trash, Saving Money Thanks to Prisoners’ Slave Labor, by Joe Watson
- From the Editor, by Paul Wright
- Indiana Prosecutor Disciplined for Conflict of Interest, by Matthew Clarke
- HRDC, Other Organizations Send Joint Letter to Tennessee DOC Commissioner, by Alex Friedmann
- Fourth Circuit Remands Prisoner’s Equal Protection Claim, by Michael Brodheim
- Texas Harasses, Denies Compensation to Wrongly Convicted, by Matthew Clarke
- Court Grants Preliminary Injunction to PLN in Sacramento County Jail Censorship Suit
- Texas Prisoner Health Care Underfunded
- Rumsfeld, Military Officials Immune from Suit by Foreign Nationals Alleging Torture on Foreign Soil, by Michael Brodheim
- Challenge to BOP’s Ban on Sexually Explicit Publications Dismissed, by Brandon Sample
- ACLU of Arizona Surveys Taser Use in Statewide Report, by Joe Watson
- New York City DOC Jail Official Resigns Amid Corruption Probe
- Ninth Circuit Holds Prisoners May be Compelled to Provide Blood Samples Under California DNA Act
- Thousands Referred but Very Few Qualify for Commitment as Sexually Violent Predators in California
- California Prison Doctors Accused of Misconduct Get Paid to Shuffle Paperwork, Deliver Mail
- Court Finds Pennsylvania Jail’s Phone Bidding Process was Rigged; Contract Awarded to Another Company
- Murderer Registry Becomes Law in Illinois, by Joe Watson
- Rehabilitation Finding Eliminates 30-Year Minimum Sentence for Aggravated Murder, but Oregon Parole Board Balks, by Mark Wilson
- Withdrawal of Approval of New Mexico Jail Class Action Settlement Not Appealable Order
- Washington State Prisoner Granted Preliminary Injunction to Treat Neuroma; Case Settles for $120,000
- Illinois Governor Signs Bill Banning Death Penalty, Commutes All Death Sentences, by Matthew Clarke
- Mississippi Oversight Committee Finds Fault in Operation of Prison Canteens, by David Reutter
- Florida Senate Rejects Privatization of 27 State Prisons – but Just Barely
- Connecticut District Court Finds ICE Agents Not Shielded from Bivens Liability; Suit Settles for $350,000, by Derek Gilna
- Texas Prison Guard Gets Five Years for Scalding Child, by Alex Friedmann
- Eighth Circuit Revisits Muslim Prisoner’s Settlement with Nebraska DOC; $74,000 in Attorney Fees Awarded, by Derek Gilna
- BOP Staff at FMC Lexington Recover Monetary Damages and Attorney Fees for Privacy Act Violations, by Derek Gilna
- No Qualified Immunity for Guard Who Failed to Protect Prisoner from Sexual Abuse, by Brandon Sample
- Incarcerated Veterans Help Other Incarcerated Vets Obtain Disability Benefits, by Michael Brodheim
- The Trials of Eroy Brown: The Murder Case that Shook the Texas Prison System, by Michael Berryhill (University of Texas Press, 2011). 244 pages, $29.95, by Mel Motel
- Ohio Jails Find Loophole to Again Charge Booking Fees
- Pennsylvania Parole Board May Not Condition Parole of Sex Offender on Admission of Guilt Due to Ex Post Facto Violation
- Oklahoma City Not Liable for Wrongful Conviction Resulting from Falsified Forensic Evidence, by Matthew Clarke
- California: State Settles Prisoner’s Lawsuit for $10,000, then Delays Payment
- News in Brief:
More from Mark Wilson:
- Indiana Prisoner Sues Prison Abolition Group, Wins $1,097 Default Judgment, April 26, 2024
- Eighth Circuit Affirms Denial of Qualified Immunity to Minnesota Jail Guard Accused of Grabbing and Squeezing Detainee’s Penis, Feb. 1, 2024
- Former Oregon Prison Nurse Gets 30 Years for Raping Prisoners, Dec. 1, 2023
- After Ninth Circuit Refuses to Compel Arbitration, National Class Certified in HRDC’s Challenge to Jail and Prison Debit Card Fees, Oct. 15, 2023
- Seventh Circuit Revives Illinois Prisoner’s Claim Over Knee Surgery Delayed 29 Months, Oct. 15, 2023
- Fourth Circuit Reinstates North Carolina Prisoner’s Suit, Finding Grievance Procedure Availability an Open Question, Oct. 15, 2023
- Congress Forces BOP to Upgrade Security Cameras, Sept. 15, 2023
- Oregon Will Hold Release Hearings for 73 Prisoners Sentenced to LWOP as Juveniles, Sept. 15, 2023
- Senators Slam “Egregious” Prisoner Sexual Abuse by BOP Employees, Sept. 15, 2023
- Minnesota Supreme Court Denies Qualified Immunity for Delayed Transfer of Sex Offenders, Sept. 15, 2023
More from these topics:
- Percentage Of Prisoners Serving Life Without Parole Is Up Despite Overall Decrease in Prison Population, July 15, 2025. Parole, Life without Parole (LWOP), Implementing the Total Sentence.
- Fourth Circuit Announces Counterman v. Colorado Is New Rule of Constitutional Law That Applies Retroactively to Cases on Collateral Review and Grants Authorization to File Successive § 2255 Motion, July 1, 2025. Rehabilitation/Recidivism, Habeas Corpus, Threats.
- Georgia Moves to Shield Intellectually Disabled Prisoners from Execution, June 1, 2025. Sentencing, Death Penalty.
- Fourth Circuit: District Court Failed to Provide Sufficient Explanation for Sentence Imposed and Did Not Address Defendant’s Arguments for Downward Variant Sentence, May 15, 2025. Sentencing, Drug Laws/Offenses.
- Fourth Circuit: Procedurally Unreasonable Sentence Where District Court Failed to Address Defendant’s Non-Frivolous Downward Variance Argument Based on Sentencing Disparity Due to Which State’s Statute Prior Conviction Based Upon, May 15, 2025. Sentencing, Failure To Consider Disparity, Federal-State Differences/Disparity/Conflicts, Disparity in Charging/Sentencing Practices.
- SCOTUS Announces Only ‘False’ Statements Made to FDIC Are Criminalized Under 18 U.S.C. § 1014, Not Statements That Are ‘Misleading’ but True, May 15, 2025. Sentencing, False Statements/Perjury.
- 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.
- Fifth Circuit Leaves Louisiana Prisoner Waiting for Reinstated Parole, Jan. 15, 2025. Parole, Overdetention, Victim's Rights to Enforce Collection.
- Nebraska Pioneers Diversion Program to Help Arrested Veterans Avoid Jail, Jan. 15, 2025. Rehabilitation/Recidivism, Rehabilitation Act, Veterans.
- Arizona Supreme Court Allows Third PCR Motion Based on IAC for Erroneous Advice About Parole Eligibility Due to ‘Pervasive Confusion’ Regarding Parole Within Legal Community, Nov. 1, 2024. Parole, Ineffective Assistance of Counsel, Remands/Rehearings/Resentencings.