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Controversial Report Criticizes Director of Idaho Parole Commission by Matthew Clarke by Matt Clarke In February 2010, the Idaho legislature’s Office of Performance Evaluations (OPE) released an audit report titled “Increasing Efficiencies in Idaho’s Parole Process.” Among other things, the report critiqued Olivia Craven, Executive Director of the Idaho Commission …
Article • November 15, 2010 • from PLN November, 2010
Filed under: Sentencing, Parole
California Supreme Court Restricts Remedies in Remands for New Parole Board Hearings by John Dannenberg by John E. Dannenberg In a unanimous ruling on July 29, 2010, the California Supreme Court resolved a narrow question regarding lifer parole litigation; namely, what is the proper scope of the remedy ordered by …
Fifth Circuit Delineates Process Due Before Imposition of Sex Offender Parole Conditions by Matthew Clarke by Matt Clarke On May 20, 2010, the Fifth Circuit Court of Appeals held that Texas parolees who had never been convicted of a sex offense, but were subject to onerous sex offender parole conditions …
Article • November 15, 2010 • from PLN November, 2010
Post-Katrina Circumstances Excuse Holding Prisoner Beyond Indictment Deadline by On June 21, 2010, the Fifth Circuit Court of Appeals held that emergency conditions at a Louisiana prison following Hurricane Katrina helped excuse the failure of a warden to release a prisoner for three months after the deadline for filing an …
Brief • November 4, 2010
IRS excluded wrongful incarceration, Memo, IRS, 2010 Doc 2010-24317 (2 pgs) Office of Chief Counsel Internal Revenue Service memorandum Number: 201045023 Release Date: 11/12/2010 CC:ITA:B04:SAIskow PRESP-140001-10 UILC: date: to: from: subject: Third Party Communication: None Date of Communication: Not Applicable 104.03-00 November 04, 2010 David Alito Acting Director, Compliance (W&I) …
Publication • November 1, 2010
The Use of Crim. Records in College Admissions Ctr. for Community Alternatives 2010 THE USE OF CRIMINAL HISTORY RECORDS IN COLLEGE ADMISSIONS RECONSIDERED THE USE OF CRIMINAL HISTORY RECORDS IN COLLEGE ADMISSIONS RECONSIDERED Acknowledgements This report was written by staff of the Center for Community Alternatives (CCA), Marsha Weissman, Ph.D., …
Brief • October 27, 2010
Fields v. City of Chicago, IL, Amended Complaint, Wrongful Conviction, 2010 Case: 1:10-cv-01168 Document #: 105 Filed: 10/27/10 Page 1 of 37 PageID #:646 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION NATHSON E. FIELDS, Plaintiff, ) ) ) v. ) ) CITY OF CHICAGO; ) COUNTY OF …
Brief • October 25, 2010
Burnette v. Fahey, VA, Opinion, Class Action Parole Denial Eligibility, 2010 Case 3: 10-cv-00070-REP Document 20 Filed 10/25/1 0 Page_.~ .9f 28 n II ~ IN THE UNITED ST~ES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmon~ Division OCT 25 Plaintiffs, Civil Action No. 3:10CV70 HELEN F. FAHEY, et …
Brief • October 19, 2010
Filed under: Restraints, Overdetention
Jackson v Lombardi, CA, Plfs Opp to Def Mot for Atty Fees, excessive force handcuffs unlawful detention, 2010 Case3:09-cv-01016-WHA Document262 Filed10/19/10 Page1 of 6 Case3:09-cv-01016-WHA Document262 Filed10/19/10 Page2 of 6 Case3:09-cv-01016-WHA Document262 Filed10/19/10 Page3 of 6 Case3:09-cv-01016-WHA Document262 Filed10/19/10 Page4 of 6 Case3:09-cv-01016-WHA Document262 Filed10/19/10 Page5 of 6 Case3:09-cv-01016-WHA Document262 …
Crime Labs in Crisis: Shoddy Forensics Used to Secure Convictions by Matthew Clarke To millions of people whose knowledge of crime labs comes from television shows such as CSI, Bones, Crossing Jordan and the venerable Quincy M.E., the forensic experts who work at such labs seem to be infallible scientists …
Article • October 15, 2010 • from PLN October, 2010
Fake Rape Claim Puts Woman in Prison by Brandon Sample A New York woman who falsely claimed she had been raped was sentenced in February 2010 to 1 to 3 years in prison on perjury charges. In 2005, Biurny Peguero Gonzalez told investigators that William McCaffrey, a Bronx construction worker, …
Article • October 15, 2010 • from PLN October, 2010
Expanded Eligibility for New York Medical Parole Has Little Effect by Matthew Clarke by Matt Clarke In April 2009, New York passed a statutory amendment that expanded the state’s compassionate release program for terminally ill prisoners. The amendment permitted medical parole for prisoners convicted of certain violent crimes who were …
Texas Controversy: Governor Guts Forensic Science Commission by Matthew Clarke by Matt Clarke Texas Governor Rick Perry caused considerable controversy on Sept. 30, 2009 when he replaced three members of the Texas Forensic Science Commission, just two days before the commission’s hearing on a report that an innocent man may …
Article • October 15, 2010 • from PLN October, 2010
Ninth Circuit: Los Angeles County Not Liable for Occasional Over-Detentions by Michael Brodheim In an official-capacity action brought under 42 U.S.C. § 1983 against Los Angeles County Sheriff Leroy D. Baca, the plaintiffs alleged they remained in the custody of the Sheriff’s Department, in violation of their constitutional rights, for …
$10 Million Settlement for Former Colorado Prisoner Cleared by DNA by David Reutter by David M. Reutter On February 16, 2010, Colorado’s Larimer County Commission approved a $4.1 million settlement with a former prisoner who served 10 years of a life sentence for a murder he didn’t commit. The settlement …
Article • September 15, 2010 • from PLN September, 2010
$2 Million in Settlements for Wrongful Arrest, Conviction in Ohio by Two former Ohio prisoners have accepted settlements totaling $2 million after being wrongly imprisoned for crimes they did not commit. One of the men, Derris Lewis, spent 18 months in jail pending trial on murder charges. The other, Robert …
Article • September 15, 2010 • from PLN September, 2010
Congress Passes Law to Reduce Crack/Powder Cocaine Sentencing Disparity by Anthony Papa On August 3, 2010, President Obama signed into law historic legislation that reduces the two-decades-old sentencing disparity between federal crack and powder cocaine offenses. House Republicans and Democrats are in agreement that U.S. drug laws are too harsh …
Article • September 15, 2010 • from PLN September, 2010
Former Prisoner Accepts $179,000 for Wrongful Conviction Under New Florida Law by David Reutter After initially declining to accept $179,000 under Florida’s Victims of Wrongful Incarceration Compensation Act, Leroy McGee agreed to receive compensation pursuant to that statute for serving 43 months in prison for a crime he didn’t commit. …
Article • September 15, 2010 • from PLN September, 2010
Filed under: Sentencing, Good Time
U.S. Supreme Court Rejects Federal Good Time Challenge by Brandon Sample On June 7, 2010, the U.S. Supreme Court upheld the Bureau of Prisons’ (BOP) method for calculating federal good time credits. The dispute over the BOP’s implementation of the federal good time statute, 18 U.S.C. § 3624(b), began about …
Innocence Project Report on Compensation and Reentry Services for Exonerated Prisoners by Matthew Clarke by Matt Clarke The Innocence Project was founded in 1992 by Barry C. Scheck and Peter J. Neufeld at the Benjamin N. Cardozo School of Law at New York’s Yeshiva University. Since that time the Innocence …
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