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Seventh Circuit Upholds Disciplinary Sanction Revoking Over 15 Years of Indiana Prisoner’s Good Time

Article • February 1, 2024 • from PLN February, 2024

Filed under: Disciplinary Hearings, Disciplinary Litigation, Double jeopardy (Hearings), Liberty Interests, Good Time, Assaults on Staff

Seventh Circuit Upholds Disciplinary Sanction Revoking Over 15 Years of Indiana Prisoner’s Good Time by Douglas Ankney by Douglas Ankney When Indiana state prisoner Tony Love participated in a brawl, he was apparently unaware of the severity of the consequences he faced. But the U.S. Court of Appeals for the …

Ad Law Incarcerated Berkely Journal Criminal Law, Vol 14, Issue 2, 2010

Publication • February 16, 2016

Filed under: Disciplinary Hearings, Disciplinary Litigation, Malicious Prosecution, Double jeopardy (Hearings), Liberty Interests, Notice of Rules, Informants (Disciplinary Hearings), Legality of Rules, Self Incrimination, Retaliatory Discipline, Witnesses (Disciplinary Hearings), Hearing Officers, Staff Assistance, Notice of Charges, Guilty Pleas, Interpreters (Disciplinary Hearings), Sanctions (Disciplinary Hearings), Notice of Hearing, False Charges (Disciplinary Hearings), Evidentiary Ruling (Disciplinary Hearings), Standard of Proof, Written Findings, Disciplinary Appeals, Confrontation, Polygraphs, Prompt Hearings, Counsel, Disciplinary Strategies, Evidence, Standard of Review, Presence at Hearing

Ad Law Incarcerated Berkely Journal Criminal Law, Vol 14, Issue 2, 2010 Berkeley Journal of Criminal Law Volume 14 | Issue 2 Article 1 2010 Ad Law Incarcerated Giovanna Shay Recommended Citation Giovanna Shay, Ad Law Incarcerated, 14 Berkeley J. Crim. L. 329 (2010). Available at: http://scholarship.law.berkeley.edu/bjcl/vol14/iss2/1 This Article is …

New York: Double Jeopardy Prohibits Imposition of Post-release Supervision Once Defendant is Released from Custody

Article • July 15, 2011 • from PLN July, 2011

Filed under: Disciplinary Hearings, Double jeopardy (Hearings), Ex Post Facto, Parole Conditions

New York: Double Jeopardy Prohibits Imposition of Post-release Supervision Once Defendant is Released from Custody by In a 5-2 decision on February 23, 2010, New York’s Court of Appeals, the state’s highest court, ruled that the double jeopardy clause of the U.S. Constitution prohibits the resentencing of a defendant to …

N.Y. Affirms Multiple Accumulating DOC Disciplinary Proceedings For Same Incident

Article • February 15, 2009

Filed under: Double jeopardy (Hearings), Sanctions (Disciplinary Hearings), Prison/Jail Murders, Civil Procedure, Res Judicata

N.Y. Affirms Multiple Accumulating DOC Disciplinary Proceedings For Same Incident by New York State prisoner Derek Josey sought review of an intermediate appellate court ruling allowing the Department of Correctional Services (DOCS) to punish him multiple times for the same incident. New York’s highest court ruled that res judicata did …

Washington State Civil Commitment Statute Constitutional

Article • May 15, 2007

Filed under: Disciplinary Hearings, Double jeopardy (Hearings), Ex Post Facto, Civil Commitment

Washington State Civil Commitment Statute Constitutional by The U.S. Ninth Circuit Court of Appeals held that Washington State's Community Protection Act of 1990 (CPA) did not violate the double jeopardy or ex post facto clauses of the U.S. Constitution. In 1994, Petitioner Andre Young sought federal writ of habeas corpus …

Alaska Prisoners' Disciplinary Hearing Rights

Article • May 15, 2007

Filed under: Prison Labor, Disciplinary Hearings, Disciplinary Litigation, Double jeopardy (Hearings), Written Findings, Counsel, Disciplinary Strategies, Standard of Review, Fair Labor Standards Act, Extended Family Visiting

Alaska Prisoners' Disciplinary Hearing Rights by In 1975 Alaska's supreme court held that under the state and federal constitutions, Alaskan prisoners enjoy substantial due process rights in prison disciplinary hearings, moreso than prisoners enjoy under the U.S. Constitution alone. The state supreme court held that Alaskan prisoners have the right …

Confidential Informants Require Credibility Finding

Article • May 15, 2007

Filed under: Disciplinary Hearings, Disciplinary Litigation, Double jeopardy (Hearings), Informants (Disciplinary Hearings), Standard of Proof, Disclosure of Records, Discovery

Confidential Informants Require Credibility Finding by The court of appeals for the Seventh circuit affirmed in part, reversed in part, a district court order denying prisoner's counsel access to a confidential informant's under seal. A federal prisoner was found guilty in a prison disciplinary hearing of stabbing another prisoner at …

Indiana Prisoner's CAB Conviction for Tobacco Trafficking Supported by Evidence

Article • May 15, 2007

Filed under: Disciplinary Hearings, Disciplinary Litigation, Double jeopardy (Hearings), Standard of Proof, Disciplinary Appeals, Evidence

Indiana Prisoner's CAB Conviction for Tobacco Trafficking Supported by Evidence by The U.S. Seventh Circuit Court of Appeals affirmed the U.S. District Court for the Southern District of Indiana in denying habeas corpus relief to an Indiana prisoner convicted of tobacco trafficking in a prison disciplinary hearing. Tim Godby, an …

Prison Disciplinary Action Does Not Bar Later Criminal Proceedings

Article • May 15, 2007

Filed under: Disciplinary Hearings, Double jeopardy (Hearings), Criminal Prosecution

Prison Disciplinary Action Does Not Bar Later Criminal Proceedings by The Third Circuit Court of Appeals has affirmed a federal district court in the Virgin Islands' denial of a motion to dismiss a prisoner's criminal charges of assault in the third degree and possession of a weapon. Wilfredo Diaz was …

Injunction in PA Re-Arrest Class Action Reversed

Article • May 15, 2007

Filed under: Disciplinary Hearings, Double jeopardy (Hearings), Injunctions, Class Certification, False Arrest

Injunction in PA Re-Arrest Class Action Reversed by The Philadelphia DA has a practice of rearresting persons whose charges have been dismissed at a preliminary hearing without seeking a prior judicial determination of probable cause. The named plaintiff was rearrested on a new charge worded identically to the first one …

New York: Resentencing After Completion of Sentence Barred by Double Jeopardy and Due Process

Article • October 15, 2006

Filed under: Double jeopardy (Hearings), Sentencing, Parole

New York: Resentencing After Completion of Sentence Barred by Double Jeopardy and Due Process by by Brandon Sample Double jeopardy and due process principles prevent a court from resentencing a defendant after completion of his sentence, even if the defendant’s original sentence was illegal and inured to the defendant’s benefit, …

Washington Community Custody Sanctions Upheld

Article • March 15, 2005 • from PLN March, 2005

Filed under: Double jeopardy (Hearings), Sentencing, Parole

Washington Community Custody Sanctions Upheld by The Washington State Court of Appeals for Division 2 has affirmed a trial court's imposition of sanctions for community custody violations, for which the State Department of Corrections (DOC) had previously sanctioned Michael David Collins. In January 2002, Collins was convicted of assault with …

Civil Punitive Damages On Top Of Criminal Punishment Is Not Double Punishment

Article • March 15, 2005 • from PLN March, 2005

Filed under: Double jeopardy (Hearings), Criminal Prosecution, Civil Procedure, Damages

Civil Punitive Damages On Top Of Criminal Punishment Is Not Double Punishment by Civil Punitive Damages On Top Of Criminal Punishment Is Not Double Punishment by John E. Dannenberg The California Court of Appeals held that a drunk driver convicted of vehicular manslaughter was not constitutionally immune from the second …

Due Process Violation, Plain Error Reverse Marijuana Conviction

Article • May 15, 2001 • from PLN May, 2001

Filed under: Double jeopardy (Hearings), Self Incrimination, Hearing Officers, Confrontation, Crime/Demographics, Criminal Prosecution, Evidentiary Ruling

Due Process Violation, Plain Error Reverse Marijuana Conviction by The Michigan Supreme Court reversed a state prisoner's conviction for possession of marijuana after finding that the prosecution had improperly introduced inculpatory statements made by the defendant at an earlier prison disciplinary hearing. Raymond Wyngaard was a prisoner of Michigan's Kinross …

Homemade Paper Spear Is Not a Deadly Weapon

Article • May 15, 2001 • from PLN May, 2001

Filed under: Double jeopardy (Hearings), Crime/Demographics, Criminal Prosecution, Assaults on Staff

Homemade Paper Spear Is Not a Deadly Weapon by Homemade Paper Spear is Not a Deadly Weapon The Washington state Court of Appeals held that a spear, made from paper rolled into a rigid shaft and tipped with a golf pencil, used to jab a guard through prisoner's cell door …

Infraction Inadmissable at Criminal Trial

Article • July 15, 1999 • from PLN July, 1999

Filed under: Double jeopardy (Hearings), Crime/Demographics, Criminal Prosecution, Evidentiary Ruling

Infraction Inadmissable at Criminal Trial by The court of appeals for the Seventh circuit held that a district court erred when it admitted testimony on the outcome of a prison disciplinary hearing in a criminal trial on the same charges. Anthony Thomas was convicted in federal court of mailing death …

Washington 35% Statute Upheld in State Court

Article • February 15, 1999 • from PLN February, 1999

Filed under: Double jeopardy (Hearings), Sentencing, Ex Post Facto, Seizure of Prisoner Funds

Washington 35% Statute Upheld in State Court by AWashington state appeals court upheld the constitutionality of two statutes which allow the seizure by the state of 35% of the wages prisoners earn and of the money sent in to prisoners from outside the prison system. The court held the laws …

Community Notification Upheld by Three Circuits

Article • April 15, 1998 • from PLN April, 1998

Filed under: Discrimination, Sex Offender Registration, Double jeopardy (Hearings), Disclosure of Records, Ex Post Facto

Community Notification Upheld by Three Circuits by In the December, 1997, PLN we reported Doe v. Gregoire , 960 F. Supp. 1478 (WD WASH. 1997), wherein a district court ruled that Washington's "community notification" statute violates the ex post facto clause insofar as releasing information to the public regarding sex …

Disciplinary Finding Must Be Supported by Reliable Evidence

Article • May 15, 1997 • from PLN May, 1997

Filed under: Disciplinary Hearings, Double jeopardy (Hearings), Liberty Interests, Evidentiary Ruling (Disciplinary Hearings), Standard of Proof, Drug Testing, Habeas Corpus

Disciplinary Finding Must Be Supported by Reliable Evidence by The court of appeals for the seventh circuit held that while only "some evidence" is required to uphold a finding of guilt in a prison disciplinary hearing, that evidence must be reliable. Michael Meeks is an Indiana state prisoner who was …

No Double Jeopardy in Massachusetts Disciplinary Hearings

Article • April 15, 1997 • from PLN April, 1997

Filed under: Disciplinary Hearings, Double jeopardy (Hearings)

No Double Jeopardy in Massachusetts Disciplinary Hearings by In the October, 1995, issue of PLN we reported that a state trial court in Massachusetts, in an unpublished ruling, had dismissed criminal indictments against twelve prisoners because the indictments were brought after the prisoners had already been subjected to prison disciplinary …