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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 …
Article • April 15, 2011
Filed under: Sentencing, Parole
California Parole Board Ordered to Set Lifer's Term by John Dannenberg By John E. Dannenberg The California Court of Appeal ordered the California Board of Parole Hearings (BPH) to conduct a new parole hearing for a second-degree murderer within 30 days, wherein they were required to set his parole date. …
Article • April 15, 2011
Ohio Parole Challenge Not Barred by Res Judicata by by Mark Wilson The Ohio Court of Appeals reversed a lower court’s dismissal of a prisoner’s parole challenge, holding that res judicata did not bar the action. In 1977, Michael Swihart was convicted of aggravated murder, murder and arson related to …
Article • April 15, 2011
Fifth Circuit: "Some Evidence" Not Required To Deny Texas Mandatory Supervision by Matthew Clarke Fifth Circuit: "Some Evidence" Not Required To Deny Texas Mandatory Supervision By Matt Clarke On December 12, 2008, the Fifth Circuit court of appeals held that the "some evidence" standard of Superintendent v. Hill, 472 U.S. …
Article • April 15, 2011
Georgia Detainee's False Imprisonment Conviction Reversed Due to Lack of Evidence by The Georgia Court of Appeals reversed the false imprisonment conviction of three detainees because the evidence presented at their trial was insufficient to support their convictions. On November 5, 2006, Reheim Jaahad Shearin, Tyrone Caruthers, Jason Tyrone Dellemar …
Article • April 15, 2011
Filed under: Sentencing, Parole, Probation
Time Spent In Alaska Residential Treatment Not Credited Against Suspended Sentences by In a memorandum decision, the Alaska Court of Appeals held that time spent in a residential treatment program may not be credited against a suspended sentence later served. This time is not time served “pending trial, sentencing, or …
Article • April 15, 2011
New York Prisoner Awarded $650 for Excessive Confinement by On October 5, 2009, New York prisoner Valerie Gaiter was awarded $650 in a New York Claims Court as compensation for 65 days she was wrongfully confined following a disciplinary conviction. At her disciplinary hearing, the hearing officer refused to allow …
Article • April 15, 2011
A Convict's Odyssey - The journey of Mark Clements, a victim of torture by former Chicago PD officer Jon Burge by Steve Bogira A Convict's Odyssey When he was 16, Mark Clements talked his way into four life sentences. Twenty-eight years later, he talked his way out. By Steve Bogira …
New Research: Why Innocent People Confess to Crimes They Did Not Commit by Derek Gilna A September 2010 article in the New York Times highlighted an interesting phenomenon that has become more evident in an era where DNA evidence is available to help conclusively prove guilt or innocence – the …
Article • April 15, 2011 • from PLN April, 2011
Texas State Auditor’s Reports Find Problems with Parole System by Gary Hunter Two audits of Texas’ parole system, in 2008 and 2010, revealed a number of problems and inefficiencies. According to the first audit, released in June 2008, approximately 1,250 Texas parole officers supervised 77,526 parolees during fiscal year 2007. …
Article • April 15, 2011 • from PLN April, 2011
Oregon Parole Board Improperly Excluded Witnesses at Revocation Hearing by The Oregon Supreme Court, sitting en banc, held that the Oregon Board of Parole (Board) had improperly deprived a parolee of his right to call witnesses at a revocation hearing. Parolee Thomas Edward O’Hara was arrested on March 9, 2005 …
Article • April 15, 2011
Ninth Circuit Affirms Dismissal of Habeas Petition That Sought to Ensure Reduction In Supervised Release Term Based on Arrington Decision by A Federal District court properly dismissed a federal habeas petition as moot that sought additional relief based on the Ninth Circuit’s decision in Arrington v. Daniels, 516 F. 3d …
Article • March 15, 2011 • from PLN March, 2011
Probation May Not Be Conditioned On Overly Broad Court Access Restrictions by A California Court of Appeal has concluded that a probation condition prohibiting a defendant from being within 500 feet of any courthouse is unconstitutionally overbroad. Alejandro Perez pleaded guilty to second degree robbery after forcibly taking a $29 …
Federal BOP’s Exclusions from Early Release Incentive for Substance Abuse Program Completion Struck Down by by Stephen G. Yagman The U.S. Ninth Circuit Court of Appeals has invalidated the federal Bureau of Prisons’ (BOP) policy statement, 28 C.F.R. § 550.58(a)(1)(iv)(2000), see 65 Fed.Reg. 80745-01 (Dec. 22, 2000), that denies prisoners …
Article • March 15, 2011 • from PLN March, 2011
Sixth Circuit Holds Pre-1992 Michigan Lifers Not Entitled to Ex Post Facto Relief by In what may prove to be a major blow to parole-eligible life-sentenced prisoners in Michigan, the Sixth Circuit has rejected an as-applied ex post facto challenge to the retroactive application of changes in Michigan’s parole laws. …
Article • March 15, 2011 • from PLN March, 2011
Ohio Governor Spares Death Row Prisoner, Cites Problems with Evidence by Derek Gilna Kevin Keith, 46, on Ohio’s death row for murdering two women and a 4-year-old child, and scheduled for execution on September 15, 2010, was spared by Ohio Governor Ted Strickland. In commuting the death penalty portion of …
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