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Article • August 15, 2004 • from PLN August, 2004
Filed under: Sentencing, Parole
Washington Court Establishes Procedures for Community Placement Violation Hearings by Washington Court Establishes Procedures for Community Placement Violation Hearings In two recent decisions, Division One of the Washington Court of Appeals set forth the procedures that trial courts must follow when conducting sentence modification hearings. A sentence modification hearing is …
Tenth Circuit Holds Prisoner Has Burden Under PLRA To Plead Administrative Exhaustion by John E Dannenberg Tenth Circuit Holds Prisoner Has Burden Under PLRA To Plead Administrative Exhaustion by John E. Dannenberg Parting company with six other circuits on the same question, the Tenth Circuit U.S. Court of Appeals held …
Hearsay Testimony of Prison Officials Found Inadmissible in Criminal Prosecution and Probation Revocation by Hearsay Testimony of Prison Officials Found Inadmissible in Criminal Prosecution and Probation Revocation The Third Circuit Court of Appeals held that prison officials' testimony in the prosecution of a prisoner was inadmissible hearsay and that it …
Article • August 15, 2004 • from PLN August, 2004
Mailbox Rule Applied To Administrative Forfeiture Proceeding by Bob Williams Mailbox Rule Applied To Administrative Forfeiture Proceeding by Bob Williams In a case of first impression, the Third Circuit has held that the mailbox rule applies to administrative forfeiture proceedings. The Court also held that the failure to apply the …
Article • August 15, 2004 • from PLN August, 2004
California Credit Restoration Denial Ruled Ex Post Facto by John E Dannenberg by John E. Dannenberg The U.S. District Court (E.D. Cal.) granted a writ of habeas corpus because it found the denial of earned restoration of a California state prisoner's disciplinary-based credit loss to be unconstitutionally retroactive. The Ninth …
Article • August 15, 2004 • from PLN August, 2004
Mentally Ill Texas Prisoner Not Entitled to Hepatitis Treatment by Mentally Ill Texas Prisoner Not Entitled To Hepatitis Treatment In this unpublished decision by a three judge panel, the U.S. Fifth Circuit Court of Appeals held on March 19, 2004, that the failure of Texas prison officials to treat a …
Tennessee: Staph Outbreak, Delayed Treatment, Death Highlight Prison Healthcare Problems by Michael Rigby An outbreak of staph infection, the delayed treatment of a brain tumor, and a preventable heart attack are just a few of the problems Tennessee prisoners have faced while in the care of private contractors. In September …
Article • August 15, 2004 • from PLN August, 2004
Two Courts Interpret Provisions of Federal Appellate Rule 4; Prisoner Appeals Dismissed as Untimely by Two different federal circuit appeals courts have interpreted provisions of Federal Rule of Appellate Procedure 4, which relates to the filing of notices of appeal. Both courts held the prisoners failed to comply with the …
Article • August 15, 2004 • from PLN August, 2004
Filed under: Commentary/Reviews, Reviews
2004 Supplement to the California State Prisoners Handbook by John E Dannenberg 2004 Supplement to the California State Prisoners Handbook by Fama, McKay, Snedecker, Smith and the Prison Law Office, 230 pp. Reviewed by John E. Dannenberg A 230 page Supplement to The California State Prisoners Handbook has been released, …
Article • August 15, 2004 • from PLN August, 2004
No Qualified Immunity in Jail Suicide Attempt by The Seventh Circuit Court of Appeals affirmed the denial of qualified immunity to a police officer on a claim of deliberate indifference to an Illinois pretrial detainee's suicide risk. On June 4, 1998, Steven Cavalieri kidnapped his former girlfriend, Stephanie Rouse, and …
Article • August 15, 2004 • from PLN August, 2004
The Complicity of Judges in Wrongful Convictions by Hans Sherrer The Complicity of Judges In Wrongful Convictions by Hans Sherrer I. Introduction Wrongful convictions do not occur in a vacuum of judicial indifference. Every wrongful conviction results from a deliberative process involving law enforcement investigators, prosecutors, and one or more …
Washington Persistent Prison Misbehavior Statute Upheld by Division II of the Washington State Court of Appeals (Division II) has upheld RCW 9.94.070. The statute makes persistent "serious" prison misbehavior a Class C felony. Joseph Simmons was a Washington State prisoner serving time at the McNeil Island Correction Center situated near …
Article • August 15, 2004 • from PLN August, 2004
Exporting the American Way of Crime by by Matthew T. Clarke For well over two hundred years fol-lowing the founding of the United States, foreigners who committed crimes faced imprisonment, execution, fines, parole, and/or probation. Few were deported. Those that were deported were generally infamous criminals or political dissidents. The …
Article • August 15, 2004 • from PLN August, 2004
Federal DNA Statute Not Challengeable in Criminal Appeal by Federal DNA Statute Not Challengeable In Criminal Appeal The U.S. Court of Appeals for the Fifth Circuit has held that 42 U.S.C. § 14135 et seq. (the Act) may not be challenged on a direct criminal appeal or habeas proceeding. The …
Article • August 15, 2004 • from PLN August, 2004
From the Editor by Paul Wright Welcome to another issue of PLN. With our June, 2004, issue we reached a milestone with our highest circulation yet of 4,006 subscribers on our mailing list. The past year has seen an ongoing effort by PLN to boost our circulation through inexpensive means …
Texas Boot Camp Denied Immunity for Ignoring Serious Medical Needs by Texas Boot Camp Denied Immunity for Ignoring Serious Medical Needs The U.S. Court of Appeals for the Fifth Circuit affirmed a district court's denial of official immunity for boot camp operators who were negligent and deliberately indifferent to a …
Article • August 15, 2004 • from PLN August, 2004
Habeas Hints by Kent A. Russell by Kent Russell This column is intended to provide "habeas hints" to prisoners who are considering or handling habeas corpus petitions as their own attorneys ("in pro per"). The focus of the column is habeas corpus practice under the AEDPA, the 1996 habeas corpus …
Montana BMPs Are Cruel and Unusual Punishment by Mark Wilson The Montana Supreme Court held that the use of Behavior Modification Plans (BMPs) and the living conditions of A-Block (Max) at the Montana State Penitentiary (MSP) constituted "an affront to the inviolable right of human dignity possessed by [prisoners] and …
Article • August 15, 2004 • from PLN August, 2004
Illinois Appeals Court Overturns Warden's Reckless Homicide Convictions by Illinois Appeals Court Overturns Warden's Reckless Homicide Convictions by Matthew T. Clarke Near midnight on the night of Octo-ber 14, 2000, a state-owned car driven by William Barham, Warden of the Shawnee Correctional Center, spun off a road and down an …
Article • August 15, 2004 • from PLN August, 2004
Former Texas Prison Guard Awarded $275,000 in Race Discrimination Suit by On November 6, 2003, a federal jury in Austin, Texas awarded a former prison guard $275,000 in his racial discrimination suit against the Texas Department of Criminal Justice after determining that his race was a substantial or motivating factor …
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