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Oregon Supreme Court: Governor Can’t Revoke Commutation After Sentence Expires
Loaded on Jan. 15, 2025
published in Prison Legal News
January, 2025, page 39
Filed under:
Parole/Probation Searches,
U.S. Sentencing Guidelines,
Resentencing,
Revocation Proceedings,
Overreaching.
Location:
Oregon.
In a bizarre case of Orwellian government overreach, the Oregon Department of Corrections (DOC) reincarcerated former state prisoner Terri Lee Brown for a parole violation after her parole ended. But on May 8, 2024, the Oregon Supreme Court slapped the state’s hand and ordered her release. The Court held …
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More from this issue:
- Fines and Fees Destroy the Impoverished and Perpetuate Mass Incarceration, by Douglas Ankney
- From the Editor, by Paul Wright
- After Florida Appellate Court Holds Crimes of ‘Attempt’ Eligible for Incentive Gain Time, Supreme Court Refuses Review, by Kevin Bliss
- Eighth Circuit: Evidentiary Admissibility Is a “Red Herring” At Class Certification of St. Louis Jail Conditions Challenge, by Douglas Ankney
- Hep-C Treatment Needed in Los Angeles County Jails to Save Lives and Money
- Senate Votes to Increase Penalties for BOP Contraband Cellphone Smuggling
- With Eleventh Circuit Okay, Alabama Executes Third Prisoner by Nitrogen Hypoxia
- Washington Prisoners Prep for Firefighting Career After Release
- Pennsylvania Prisoner Released from Solitary After 15 Years
- Suits Filed Over Dehydration Deaths at Two Texas Jails, by Matthew Clarke
- Biden Commutes Sentences of Most Federal Prisoners on Death Row
- Blood in the Water Author Wins Censorship Challenges Against Illinois, New York Prison Systems, by Douglas Ankney
- Video of Autistic Ohio Teen’s Jail Death Undercuts Sheriff’s Report Calling It Suicide
- Six Set Themselves on Fire at Virginia Prison in 2024
- Two-Week Lockdown at BOP Women’s Prison in Minnesota After Nine Overdoses, Two Deaths
- Fifth Circuit Leaves Louisiana Prisoner Waiting for Reinstated Parole, by Douglas Ankney
- Nebraska Pioneers Diversion Program to Help Arrested Veterans Avoid Jail
- Maryland Cancels Debt Owed by 6,715 Parolees
- California Prisoner Awarded Over $1.26 Million in Suit Challenging Withheld Legal Mail Which Resulted in Habeas Loss, by David Reutter
- Ninth Circuit Greenlights Muslim Hawaii Prisoner’s Challenge to Early-Served Ramadan Meals, by Douglas Ankney
- Texas Executioners Playing Fast and Furious to Obtain Lethal Drugs
- Details Vague on Spending from San Diego Jail Detainee Welfare Fund
- Lawsuit Over Death or Severe Injury of 29 Houston Jail Detainees Survives Motion to Dismiss, by Matthew Clarke
- Mentally Incompetent Maine Defendants Sent to South Carolina Wellpath Lockup Called “Essentially Prison”
- Muslim New York Prisoner’s Free Exercise of Religion Claim Reinstated, by David Reutter
- Wisconsin DOC Under Fire for Hiring Censured Doctors
- $400,000 Jury Verdict for Medical Neglect Resulting in Amputation of Alabama Prisoner’s Toes
- Minnesota Prisoners Getting Scanned Mail, Kept Waiting 18 Months for Tablets
- Wellpath Declares Bankruptcy
- Fourth Circuit Revives West Virginia Prisoner’s RLUIPA Claim Over Religious Diet with Soy He Can’t Digest
- No Charges in Alabama Prisoner’s Torture, Rape and Murder
- Guard Pleads Guilty to Using Excessive Force at Indiana Jail Sued Nine Times in Two Years
- Pigeonly Flies Into Telecom Turbulence, Declares Bankruptcy
- BOP Prisoners in Alabama Strike to Protest Release Date Confusion
- Tenth Circuit Affirms PTS Driver’s Conviction for Torturous Detainee Transport
- Pennsylvania Jail Guards Accused of Ripping Surgical Pin from Detainee’s Shoulder
- Illinois Sheriff Resigns After Deputy Fatally Shoots 911 Caller
- Arizona DCRR Ordered to Fill Prison Medical Staff Vacancies—Again, by Matthew Clarke
- Four-Month Wait for 40 Percent of South Carolina Jail Detainees Needing Psychiatric Evaluation
- Oregon Supreme Court: Governor Can’t Revoke Commutation After Sentence Expires
- Eighth Circuit Affirms Denial of Qualified Immunity to Missouri Guards in Transgender Prisoner’s Suit Alleging Retaliation and Unreasonable Search, by Douglas Ankney
- 150 People Sue Over Past Abuse at New York City Juvenile Facilities
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- Former Kentucky Sheriff Indicted for Murdering Judge in Chambers
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- Second Rapper Stabbed in Atlanta Jail During Record-Long Trial
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- New York City Held in Contempt in Long-Running Rikers Island Class-Action
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- Georgia Prisoner Accused of Running $3.5 Million “Protection” Racket
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- GOP Michigan County Commissioner Re-elected— and Headed to Federal Prison
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More from these topics:
- Tenth Circuit Announces Resentencing After Probation Revocation Must Begin with Chapter 7 Range, Holding Chapter 5 Range Should Be Considered When Deciding Whether to Vary, Sept. 1, 2026. U.S. Sentencing Guidelines, Revocation/Modification of Probation, etc., Statement of Reasons, Sentence, Factors To Be Considered.
- Relevant Conduct: How Federal Sentencing Law Punishes More Than the Crime of Conviction, Aug. 1, 2026. U.S. Sentencing Guidelines, Prior Conviction/Sentence/Incarceration, Plain Error, Acquitted Conduct/Uncharged Crimes/Dismissed Counts, Relevant Conduct.
- U.S. Sentencing Commission: 2026 Amendments to the Federal Sentencing Guidelines, June 1, 2026. U.S. Sentencing Guidelines, Alternative Sentencing, Sentence Enhancements/Departures, Multiple/Multiplicious Counts, Drug Quantity.
- Sixth Circuit Announces Predetermining a Supervisee’s Revocation Term of Imprisonment at an Earlier Violation Hearing Renders the Resulting Sentence Both Procedurally and Substantively Unreasonable, June 1, 2026. Revocation Proceedings, Plain Error, Reasonableness of Sentence, Factors To Be Considered.
- First Circuit Vacates Drug Courier’s Sentence, Holding District Court Erred by Failing to Conduct Proper Comparative Culpability Analysis Under § 3B1.2 When It Excluded Other Participants in Drug Shipment From Universe of Comparators, May 1, 2026. U.S. Sentencing Guidelines, Mitigating Role/Circumstances/Evidence, Appellate Jurisdiction/Review, Sentencing Findings, Relevant Conduct.
- Sixth Circuit Announces Federal Coercion and Enticement Statute Requires Knowledge of Victim’s Minor Status, Deepening Circuit Split, May 1, 2026. U.S. Sentencing Guidelines, Sex Offender Registration and Notification Act, Statutory Construction/Interpretation, Sentence, Miscalculation of the Guidelines Sentencing Range.
- California Supreme Court Announces § 189(e)(2) Requires Nonkiller to Aid the Actual Killer in the Lethal Act, Resolving Appellate Split, May 1, 2026. Murder/Felony Murder, Resentencing, Essential Elements of Crime, Statutory Construction/Interpretation, Accessories and Accomplices.
- Colorado Governor Tells Lawmakers to Open New Prison, April 1, 2026. Corrections Corporation of America/CoreCivic, Cost of Prison Systems, Revocation Proceedings, Reduction of Prison Population.
- Tenth Circuit Holds Prior California Child Pornography Conviction Does Not Trigger Federal Mandatory Minimum Because State Statute Encompasses Conduct Beyond Federal Definition Under Categorical Approach, April 1, 2026. U.S. Sentencing Guidelines, Qualifying Offenses, Mandatory Minimum Sentence, Statutory Construction/Interpretation, Child Pornography.
- Kentucky Supreme Court Clarifies Parole Board May Delegate Final Revocation Hearings to Administrative Law Judges but Holds Due Process Requires Parolees Be Permitted to File Exceptions to ALJ Findings Before Board Renders a Final Revocation Decision, April 1, 2026. Administrative Exhaustion, Fourteenth Amendment, rights, Revocation/Modification of Probation, etc., Revocation Proceedings, Authority and Jurisdiction.

