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Article • September 15, 1994 • from PLN September, 1994
Further Developments in WA Powell Case by John Midgley This is a further update on developments in the Powell litigation. The Attorney General's office recently filed in the Ninth Circuit a document in which they claimed that the Indeterminate Sentence Review Board will treat superintendents' recommendations for parole under RCW …
Article • July 15, 1994 • from PLN July, 1994
Change in Parole Hearings Violates Ex Post Facto by PLN readers may recall that in the December, 1993, issue we reported on the conflict within the ninth circuit on whether changing the frequency of parole board hearings violates the Ex Post Facto provisions of the constitution. In Powell v. Ducharme, …
WA S.Ct. Upholds Sex Offender Registration by In 1990 the Washington state legislature passed RCW 9A.44.130(1) which requires that all persons who have been convicted of a sex offense and reside in Washington to register with the sheriff in the county in which they reside. Two sex offenders who had …
Article • January 15, 1994 • from PLN January, 1994
Parole Commission Guidelines Not Ex Post Facto by The federal prisoner in this case, Noble Simpson, filed a pro se habeas corpus petition against the U.S. Parole Commission. Simpson's suit challenged, on ex post facto grounds, the Commission's application at his second parole hearing of it's guidelines which were not …
Article • December 15, 1993 • from PLN December, 1993
Ex Post Facto Conflict Within Ninth Circuit by In the October PLN we reported on the case of Powell v. DuCharme , 998 F.2d 710 (9th Cir. 1993) in which a panel of the ninth circuit court of appeals held that the ex post facto clause was not violated by …
Article • October 15, 1993 • from PLN October, 1993
Ninth Circuit Reverses Powell Decision by Robert Powell By Robert Powell To understand just what has happened in this case one must first understand Washington state law. At the time of my conviction a person who was found guilty of Murder in the First Degree was either sentenced to death …
Article • August 15, 1993 • from PLN August, 1993
Increasing Parole Review Time is Ex Post Facto by South Carolina's legislature passed a statutory amendment decreasing the frequency of parole reconsideration hearings from every year to every two years. A prisoner filed a civil rights complaint, pursuant to 42 U.S.C. § 1983, claiming the amendment was an unconstitutional ex …
Article • September 15, 1992 • from PLN September, 1992
Taking of DNA Samples Violates Ex Post Facto Clause by Virginia state prisoners filed suit challenging Virginia legislation which directs the DOC to take and store blood from prisoners for Deoxyribonucleic acid (DNA) analysis and storage. (DNA is the basic component of living organisms, every human has a DNA blueprint …
Article • August 15, 1992 • from PLN August, 1992
Adverse Change in Board Rules is Ex Post Facto by Adverse Change In Board Rules Is Ex Post Facto The Oregon Court of Appeals has reaffirmed its holding that application of parole board rules not in effect when a prison committed his crime, and which had the effect of potentially …
Article • August 15, 1992 • from PLN August, 1992
Washington Lifers Litigation Update by John Midgley By John Midgley This is a further update on the "lifers" litigation. The current status of the Powell case is as follows: US District Court Judge Thomas Zilly has held that SHB 1457 is ex post facto as applied to Mr. Powell. The …
Article • June 15, 1992 • from PLN June, 1992
Washington Lifers Prevail in District Court by John Midgley By John Midgley, Attorney At Law U.S. District Court Judge Thomas Zilly has ruled in the Powell case that SHB 1457 is ex post facto as applied to Mr. Powell's first-degree murder sentence. The state has been directed to determine Mr. …
Article • April 15, 1992 • from PLN April, 1992
Lifers Litigation Update by John Midgley By John Midgely Evergreen Legal Services This is to update all interested persons on the progress of the Powell case in federal court. Recently, United States Magistrate Judge Sweigert made a recommendation to Judge Zilly that SHB 1457 be found ex post facto as …
Article • November 15, 1991 • from PLN November, 1991
Washington Supreme Court Rules on Lifers by John Midgley Washington Supreme Court Rules On Lifers John Midgley, Attorney At Law As most prisoners in the system now know, the Washington Supreme Court in August handed down its decision in the " lifer" case, In re Powell, et al., 117 Wn.2d …
Article • October 15, 1991 • from PLN October, 1991
Oregon Board Rules Held Ex Post Facto by An Oregon prisoner challenged the application of newly adopted parole board rules to his case. He sought review of the board's action in the state Court of Appeals, saying the board should have applied the review rules that were in effect when …
Article • August 15, 1991 • from PLN August, 1991
The Ex Post Facto Clause and Washington's Parole Board by Ed Mead By Ed Mead Akins and another prisoner filed a civil rights complaint in federal court (pursuant to 42 U.S.C. § 1983) alleging that the Georgia parole board's application of recently adopted rules to their cases violated their constitutional …
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