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Article • July 15, 2011
California: On Remand, Governor Must Consider All Available Information Relating to Current Dangerousness by Michael Brodheim By Michael Brodheim The California Court of Appeal has held that when, on remand after the granting of a petition for writ of habeas corpus, the Governor reconsiders whether or not a life prisoner …
Article • July 15, 2011
California: Prisoner Entitled To Presentence Custody Credit for Time in Prison Past Parole Date Due Solely to Pending Charges by Michael Brodheim By Michael Brodheim The California Court of Appeal has held that a prisoner, detained in prison solely because new charges (arising from in-prison misconduct) were brought against him, …
Article • July 15, 2011
California: Prisoner’s Parole May Not Be Revoked if Board Fails to Act During 30-Day Discharge Review Period by Michael Brodheim By Mike Brodheim The California Court of Appeal has held that, by failing to act during the 30-day discharge review period provided by statute, the Board of Parole Hearings (Board) …
Article • July 15, 2011
Filed under: Sentencing, Habeas Corpus
BOP May Disregard State Court Orders When Reviewing Whether to Run State/Federal Sentences Concurrent by Brandon Sample By Brandon Sample On May 7, 2010, the U.S. Court of Appeals for the Ninth Circuit affirmed the denial of a habeas petition challenging the Bureau of Prisons (BOP) refusal to grant a …
Article • July 15, 2011
California Court of Appeal Invalidates Untimely MDO Certification by Michael Brodheim By Mike Brodheim The California Court of Appeal has invalidated the determination of the Board of Parole Hearings ("Board") that Felicia Blakely is a mentally disordered offender ("MDO"), finding that her MDO evaluations and certification occurred after her parole …
Article • July 15, 2011
Filed under: Sentencing, Parole
Court of Appeal Overturns Governor's Reversal of Board's Third Grant of Parole to California Prisoner by Michael Brodheim By Mike Brodheim The California Court of Appeal (First Appellate District, Div. 2) has overturned Governor Arnold Schwarzenegger's reversal of the parole board's third grant of parole to Bennie Moses, some 30 …
Article • July 15, 2011
Illinois Statute Authorizing Revocation of Good Time Credits for Frivolous Court Filings Upheld by Brandon Sample By Brandon Sample The State of Illinois may lawfully deprive good time credits from prisoners who file frivolous post-conviction petitions, the Appellate Court of Illinois, Fourth District, decided November 26, 2008. Cameron Shaw, an …
Article • July 15, 2011
Ninth Circuit Strikes Down BOP Regulations Limiting Halfway House Placement by Brandon Sample By Brandon Sample On September 4, 2008, the U.S. Court of Appeals for the Ninth Circuit joined the Second, Third, Eighth and Tenth Circuits in concluding that the Bureau of Prisons' (BOP) regulations categorically limiting eligibility for …
Article • July 15, 2011
Washington Supreme Court Says Commutations Implicate Due Process by Mark Wilson By Mark Wilson The Washington state Supreme Court held that due process protections attach to conditional commutation decisions and the liberty interest at stake “is indistinguishable from the interest in parole and probation.” In 1997, Jayson Bush was convicted …
Article • July 15, 2011
Filed under: Sentencing, Parole
Washington Trial Courts May Sanction Community Custody Violations by Mark Wilson By Mark Wilson The Washington State Court Appeals held that the legislature did not remove the trial courts’ jurisdiction to punish community custody violations when it granted the Department of Corrections (DOC) to also punish those violations. Karen Gamble …
Article • July 15, 2011
Florida Supreme Court Rules on Cost Assessment by David Reutter By David M. Reutter In settling direct conflicts between two district courts of appeals decisions, the Florida Supreme Court has held that applying a statute retroactively to assess costs is not an ex post facto violation. The Court accepted review …
$150,000 Settlement in Wrongfully-Convicted Texan's Lawsuit by In March 2006, the Texas Department of Criminal Justice (TDCJ) settled for $150,000 a lawsuit brought by the guardian of a wrongfully-convicted man who was beaten by another prisoner and suffered permanent severe brain damage. Richard Danziger, a former Texas prisoner, was wrongly …
Article • July 15, 2011 • from PLN July, 2011
New York Parolee Detained Without Hearing; City Not Entitled to Summary Judgment by Mark Wilson The Second Circuit Court of Appeals reversed a district court’s dismissal of a parolee’s wrongful imprisonment claims, holding that the defendant, New York City, was not entitled to summary judgment. On December 13, 2001, Keith …
Article • July 15, 2011 • from PLN July, 2011
Fifth Circuit: Habeas Petition Challenging Recent Parole Denial Not Considered Successive by Matthew Clarke by Matt Clarke On April 1, 2009, the Fifth Circuit Court of Appeals issued an order holding that a federal habeas corpus petition challenging procedures used to deny parole at a parole hearing which occurred after …
Article • July 15, 2011 • from PLN July, 2011
California Prisoner’s Life Sentence Upheld for Tossing Food Tray at Guard by Michael Brodheim by Mike Brodheim On January 3, 2011, the California Court of Appeal, Fifth District, affirmed a “three strikes” sentence of 25 years to life for a prisoner who, while confined in a security housing unit at …
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 …
Article • July 15, 2011 • from PLN July, 2011
Vermont Parole Law Change Violates Ex Post Facto Clause by On November 2, 2010, a Vermont state court held that changes to Vermont’s parole laws requiring certain prisoners to serve 70% of their maximum sentences violate the Ex Post Facto Clause of the U.S. Constitution when applied to prisoners whose …
Massachusetts Supreme Judicial Court Clarifies Erroneous Conviction Claims by Matthew Clarke by Matt Clarke On November 23, 2010, the Massachusetts Supreme Judicial Court issued a pair of opinions that clarify the requirements for suing the state for compensation following an erroneous conviction. Specifically, the Court clarified the requirement that the …
U.S. Supreme Court Holds California’s Prison Overcrowding Violates Eighth Amendment, Must be Remediated by Population Reduction by John Dannenberg by John E. Dannenberg In a landmark ruling upholding provisions of the Prison Litigation Reform Act (PLRA) that permit specially convened three-judge federal court panels to order reductions in state prison …
Article • July 15, 2011 • from PLN July, 2011
California: Controversy Surrounds Governor’s Grant of Clemency to Son of Political Friend by Michael Brodheim by Mike Brodheim In one of his last official acts before leaving office in January 2011, California Governor Arnold Schwarzenegger exercised his right under the state constitution to grant clemency to Esteban Nuñez, the son …
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