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Article • May 15, 2011
Sanctions Against Prisoner for Alleged “Frivolous” Habeas Petition Improper, Tenth Circuit Decides by Sanctions imposed by an Oklahoma trial court on a state prisoner who filed a “frivolous” habeas petition were improper, the U.S. Court of Appeals for the Tenth Circuit held in an unpublished opinion. Alvin Parker is a …
$27.4 Million Award in Liberty Interest and Deceit Claim Causing Incarceration by A South Dakota jury awarded an insurance salesman who was convicted of mail fraud $27.4 million in a lawsuit that alleged deceit and breach of fiduciary duty, causing his incarceration. Eugene Kent began selling health insurance in 1990 …
Article • May 15, 2011
Mistaken Release Still Escape If You Do Not Turn Yourself In by The federal escape statute applies to prisoners who fail to turn themselves in after being mistakenly released, the U.S. Court of Appeals for the Eleventh Circuit decided December 27, 2010. Lonzell Gowdy was mistakenly released by Alabama prison …
Mohave County, Arizona Appointed Counsel Selection System Unconstitutional by On April 3, 1984, the Supreme Court of Arizona held that the system of selecting and compensating appointed counsel in Mohave County, Arizona, violated the constitutional rights to due process and counsel. Joe. U. Smith was convicted of burglary, sexual assault …
U.S. Supreme Court Asks Montana Supreme Court to Address Whether FJDA Conviction Requires Registration Under Montana Law by On June 7, 2010, the U.S. Supreme Court certified a question to the Montana Supreme Court in order to decide whether a petition for writ of certiorari currently pending before the Court …
Fourth Circuit: Most Police Records in DNA Exoneration Case Are Public by On October 1, 2004, the Fourth Circuit court of appeals decided that most of the sealed documents in a lawsuit involving the DNA exoneration of a man convicted of a rape-murder should be available to the public. Earl …
Article • May 15, 2011
Strip Search of Teen During Jail Tour Results in $150K Settlement by On September 9, 2003, the District of Columbia agreed to pay $150,000 to settle a lawsuit surrounding the unlawful strip search of a teenager during a tour of the D.C. Jail. On December 22, 2000, Reuben Minor was …
Article • May 15, 2011
Washington DOC Agrees to Pay $20,000 for Miscalculating Sentence by On December 21, 2006, the state of Washington agreed to pay $20,000 to a former prisoner whose release date was miscalculated by Department of Corrections (DOC) officials. Lee Harper spent an extra 193 days in DOC custody after DOC staff …
Article • May 15, 2011
Washington DOC Agrees to Settle Sex Offender Early Release Suit for $6,000 by On June 17, 2006, the Washington Department of Corrections (DOC) agreed to settle a 42 U.S.C. §1983 suit over the DOC’s Earned Early Release Date (EERD) program. Dan Bedker, Jr., a sex offender, sued Joseph Lehman, the …
Article • May 15, 2011
PRP Granted: Alford Plea to be Withdrawn by In May 1985, Washington State resident, Clyde R. Spencer, entered an Alford plea in answer to numerous charges of statutory rape and complicity to commit statutory rape. The only evidence against him was the testimony of his two biological children and his …
Attorney Fees and Costs Against Exoneree Who Lost Lawsuit Denied by On May 21, 2009, a Michigan federal court denied a motion by defendants for attorney fees and costs in an unsuccessful lawsuit brought by an exoneree. During a custody dispute with his ex-girlfriend in 1987, Mark Norman Cleary's seven-year-old …
Article • May 15, 2011
Filed under: Appeals, Sentencing, Restitution
No Automatic Abatement upon Death of Defendant; Heirs May Be Substituted As Parties in Order to Contest Financial Obligations of Deceased Defendant by A criminal defendant who dies during the pendency of his appeal is not entitled to abatement of his conviction or restitution obligations, the Supreme Court of Washington …
Washington State Supreme Court Allows Withdrawal of Juvenile's Guilty Plea to Sex Offense by On January 28, 2010, the Supreme Court of Washington State issued an opinion allowing a juvenile to withdraw a guilty plea to a sex offense due to ineffective assistance of appointed counsel and misunderstanding the charge. …
Article • May 15, 2011
Filed under: Guilty Pleas, Sentencing
Withdrawal of Guilty Plea Required for Washington Prisoner by David Reutter By David M. Ruetter The State of Washington Court of Appeals has held that a defendant is entitled to withdraw a guilty plea where he was not informed that he could not earn early release credits during the mandatory …
Report Documents Scope of Prosecutorial Misconduct in California by Michael Brodheim by Mike Brodheim In October 2010, the Northern California Innocence Project (NCIP) of the Santa Clara University School of Law published a study regarding the extent of prosecutorial misconduct in California. The study explores the ways in which the …
Third Circuit Upholds BOP Early Rule against APA Challenge by On October 26, 2009, the U.S. Court of Appeals for the Third Circuit joined the Eighth Circuit in holding that the Bureau of Prisons (BOP) did not violate the Administrative Procedure Act (APA) in categorically excluding certain offenders from early …
Article • May 15, 2011
Missouri Escape Rule Bars Post-Conviction and Habeas Corpus Filing by Missouri state prisoner Alan Echols appealed his federal habeas corpus denial after being denied state post-conviction relief based on Missouri's escape rule, which bars the review of post-conviction claims from prisoners who escape from incarceration. The denial was upheld by …
California’s Megan’s Law Applies Retroactively by California’s Fourth District Court of Appeal has affirmed that the California version of “Megan’s Law” may be retroactively applied to persons convicted of qualifying crimes prior to the statute’s 2004 enactment and subsequent amendments. In so holding, the Court rejected the petitioners’ equitable estoppel …
Publication • May 1, 2011
Filed under: Parole
Police Executive Research Forum - The Early Release of Prisoners - California The early release of Prisoners And its Impact on Police Agencies and Communities in California Police Executive Research Forum — May 2011 A Joint Project of: The early release of Prisoners And its Impact on Police Agencies and …
Article • April 15, 2011
Filed under: Sentencing, Parole
Ninth Circuit: California Governor’s Reversal Of Lifer’s Parole Violates Due Process Absent Some Evidence Of Current Dangerousness by John Dannenberg by John E. Dannenberg In a major victory for California lifers, the Ninth Circuit U.S. Court of Appeals held that a second-degree murderer who had done 27 years on a …
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