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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 …
$5.25 Million Paid to Former Ohio Prisoner for Wrongful Murder Conviction by The City of Barberton, Ohio has paid $5.25 million to settle a lawsuit filed by a man wrongfully convicted of murder. Clarence Elkins spent almost eight years in prison before being exonerated by DNA evidence in 2005. Elkins …
Paroled Killers Rarely Re-Offend by Michael Brodheim by Mike Brodheim Judging by the statistics, Reginald Powell, 54, may be the proverbial exception to the rule – the rule, in this case, being that convicted murderers who are granted parole only rarely re-offend. In 1984, Powell was convicted of the shooting …
Article • July 15, 2011
Citizen Occupants of Probationer's Residence May Be Lawfully Detained by Michael Brodheim By Michael Brodheim A divided Ninth Circuit panel has held that police officers may lawfully detain the citizen occupants of a home during a probation compliance search. Oscar Sanchez was incarcerated in state prison in 2003, when a …
Article • July 15, 2011
Fifth Circuit: No Mailbox Rule for Texas State Habeas Actions by Matthew Clarke By Matt Clarke On November 7, 2007, the Fifth Circuit court of appeals ruled that the "mailbox rule" did not apply to Texas state habeas corpus actions. Gene Edward Howland, a Texas state prisoner, delivered a state …
Article • July 15, 2011
California Parole Procedures Upheld by By Brandon Sample The California Court of Appeals for the Sixth District has rejected a constitutional challenge to the Board of Parole Hearings' (Board) procedures and regulations. The controversy over the Board's parole procedures arose after Donald Lewis, Morriss Bragg, Viet Ngo, Donnell Jameison, and …
Article • July 15, 2011
Life Sentence for Failure to Comply with Registration Requirement May Violate Eighth Amendment by Michael Brodheim By Michael Brodheim Finding that a "Three strikes" sentence of 28 years to life imprisonment was so grossly disproportionate to an "entirely passive, harmless, and technical violation of the registration law" that it violates …
Article • June 15, 2011 • from PLN June, 2011
Controversy Involving North Carolina State Bureau of Investigation Crime Lab by Matthew Clarke by Matt Clarke Crime lab analysts and agents with the North Carolina State Bureau of Investigation (SBI) have been accused of pushing the limits of accepted science and police procedures to provide pro-prosecution results. The accusations appeared …
Article • June 15, 2011 • from PLN June, 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 …
New York Jury Awards Wrongfully Convicted Man $18.5 Million, but Court Grants Motion to Set Aside Verdict by On November 2, 2010, a New York federal jury awarded $18.5 million to a man who was cleared of a rape conviction after serving more than two decades in prison. At the …
Article • June 15, 2011 • from PLN June, 2011
Filed under: Sentencing, Good Time
Washington Prisoner Discovers Good Time Error; County Officials Admit and Correct Mistake by David Reutter by David M. Reutter Washington State’s Kitsap County Jail (KCJ) has corrected an error in how it calculates and awards “good time” to prisoners, after a former prisoner discovered the mistake and brought it to …
Article • May 15, 2011
Florida Supreme Court Clarifies Harmless Error Test by Florida’s Supreme Court has held that when applying the harmless error analysis, it is not an “overwhelming evidence test.” The focus of the test is “the effect of the error on the trier of fact. The question is whether there is a …
Article • May 15, 2011
Sacramento County Agrees to Pay $9,500 to Settle False Arrest/Imprisonment Suit by In 2005, the County of Sacramento agreed to pay $9,500 to settle a false arrest/imprisonment suit. Daniel Genzoli was arrested after his fingerprints allegedly matched up with prints taken from a business that was burglarized. It turned out …
Juvenile Justice Expert Condemns Rhode Island’s Jailing of Students for Minor Offenses by Derek Gilna Attorney John J. Wilson, a Department of Justice lawyer for almost 31 years, and the author of federal regulations for the Juvenile Justice and Delinquency Prevention Act of 1974, has condemned the practices of Rhode …
Article • May 15, 2011 • from PLN May, 2011
Mississippi Governor Grants Early Release to Scott Sisters by Derek Gilna In a recent resolution to a celebrated Mississippi civil rights case, in which sisters Gladys and Jamie Scott each served 16 years of a life sentence for their part in a 1993 armed robbery that netted as little as …
Article • May 15, 2011 • from PLN May, 2011
Trivialized Use of Presidential Pardon Power Continues Under Obama by Brandon Sample After almost two years in office, President Obama finally granted his first pardons on December 3, 2010 – all nine of them – barely avoiding George W. Bush’s record for the longest delay by a president in granting …
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