Skip navigation

Search

4195 results
Page 112 of 210. « Previous | 1 2 3 4 ... 108 109 110 111 112 113 114 115 116 ... 206 207 208 209 210 | Next »

Article • January 15, 2010
No Appeal In Section 2255 Proceeding Until Defendant Is Resentenced by Federal courts of appeal lack jurisdiction to entertain appeals from the grant or denial of relief under 28 U.S.C. § 2255 until proceedings in the district court have been finalized, the U.S. Court of Appeals for the Third Circuit …
Supreme Court: No Due Process Right to Post-Conviction DNA Testing by On March 2, 2009, the United States Supreme Court ruled that there is no federal substantive due process right to post-conviction DNA testing. William G. Osborne, an Alaska state prisoner, was convicted of a 1993 kidnapping, assault and sexual …
Rodriguez v. City of Houston, TX, Atty Fee Order, Wrongful Rape Conviction, 2009 Case 4:06-cv-02650 Document 384 Filed in TXSD on 12/22/09 Page 1 of 7 Case 4:06-cv-02650 Document 384 Filed in TXSD on 12/22/09 Page 2 of 7 Case 4:06-cv-02650 Document 384 Filed in TXSD on 12/22/09 Page 3 …
Bruce Lisker v. City of Los Angeles et al, CA Complaint, wrongful conviction, 2009 Case 2:09-cv-09374-ODW-AJW Document 1 Filed 12/22/09 Page 1 of 28 Page ID #:1 Case 2:09-cv-09374-ODW-AJW Document 1 Filed 12/22/09 Page 2 of 28 Page ID #:2 Case 2:09-cv-09374-ODW-AJW Document 1 Filed 12/22/09 Page 3 of 28 …
Article • December 15, 2009
Good Time Petition Dismissed As Moot by The Court of Appeals of the State of Washington has dismissed as moot a petition by a former prisoner challenging the Washington Department of Corrections’ (DOC) method for calculating his good time. Steven Salmon served an Oregon sentence and a portion of a …
Article • December 15, 2009
Illinois Expungement-Following-Pardon-For-Innocence Statute Discretionary by On March 19, 2009, the Illinois Supreme Court held that the statute governing expungement of records following a pardon for innocence is discretionary even if the pardon specifically authorizes expungement. Stanley Howard and Dana Holland are former Illinois state prisoners who received gubernatorial pardons based …
Article • December 15, 2009
Washington Supreme Court Permits Sentence In Excess of Statutory Maximum; Legislature Intervenes with Statutory Amendment by The Washington Supreme Court has held that a judgment and sentence containing a total prison term and community supervision term that exceed the statutory maximum sentence is valid, so long as the trial court …
Article • December 15, 2009
California Appeals Court Reverses Grant of Habeas in Parole Case by The Court of Appeal of California, Second Appellate District, has reversed the granting of a habeas corpus petition that had alleged the Governor erred in determining a prisoner was eligible for parole. Linda Lee Smith was convicted in 1980 …
Article • December 15, 2009
California Appeals Court Upholds Grant Of Habeas Affording Parole by The Court of Appeal of California, First Appellate District, Division Two, has affirmed a grant of habeas corpus in a case challenging the Governor’s decision to overturn a grant of parole. Peter George Cooper was convicted of murdering his wife …
California Court of Appeals: Minor Misconduct "Some Evidence" Supporting Parole Denial by California Court of Appeals: Minor Misconduct "Some Evidence" Supporting Parole Denial On March 5, 2009, a California Court of Appeal held that a prisoner's receiving a minor misconduct notation (form CDC 128-A) since his previous parole review was …
Article • December 15, 2009
Court Of Appeals Remands For Redetermination Of Parole Eligibility by The Court of Appeal of California, Sixth Appellate District, has affirmed, as modified, a grant of habeas corpus relief requiring the Board of Parole Hearings to redetermine a prisoner’s eligibility for parole. P.F. Lazor was convicted in 1983 of second …
Article • December 15, 2009
Filed under: Sentencing, Good Time, Detainers
Detainer Not Required To Receive Jail Time Credit by The filing of a detainer is not a prerequisite to receiving prior custody credit served on a related charge, the Court of Appeals of Missouri decided September 30, 2008. Carlos Mikel filed a declaratory judgment action against the Department of Corrections …
Article • December 15, 2009
Ex-Prisoners Acquitted for Insufficient Evidence May Not Sue Texas by On July 31, 2008, a Texas appeals court ruled that persons who were convicted of a crime, spent time in prison while awaiting appeal, but were acquitted due to insufficient evidence on appeal, were not entitled to sue the State …
Article • December 15, 2009
Filed under: Sentencing
Denial of Allocution During Supervised Release Resentencing Requires Remand by The Seventh Circuit Court of Appeals has reversed a federal prisoner’s sentence because an Illinois federal district court denied him the right to allocution upon revocation of his supervised release and imposition of a new sentence. Bernard J. O’Hallaren, III, …
Article • December 15, 2009
Washington Jail’s Good Time Certification Based on Time in Jail, Not Court’s Award of Time Served by In dismissing a personal restraint petition, Division One of the Washington State Court of Appeals discussed the law involving the certification and award of good time by a county jail to the Department …
Article • December 15, 2009
Washington State Community Custody Term Must Be Served in Community by Division Two of the Washington State Court of Appeals has held that a sex offender who served an excessive sentence is not entitled to credit for the illegal time served toward his community custody term. Cliff Alan Jones pled …
$16.5 Million-Plus Settlement in Oklahoma City False Conviction Case by Matthew Clarke by Matt Clarke On June 8, 2009, a federal district judge in Oklahoma City signed a judgment following the settlement of a suit awarding a man who spent 17 years in prison for a rape he did not …
Article • December 15, 2009
$11,000 Settlement for Arresting Wrong Person by On January 5, 2005, a settlement was reached in a complaint filed pursuant to 42 U.S.C. § 1983 against Sacramento County and various County law enforcement officials alleging Fourth and Fourteenth Amendment civil rights violations, as well as penal and civil code violations. …
Article • December 15, 2009
California Prisoner Granted Habeas Relief After Parole Denial by On July 16, 2009, a U.S. Magistrate Judge filed his report and recommendation on a petition for writ of habeas corpus brought by California prisoner, Maria Nestle. The petition challenged the decision of the California Board of Parole Hearings (Board) finding …
Article • December 15, 2009 • from PLN December, 2009
HABEAS HINTS – CALIFORNIA COMMENT Pace and Bonner: Avoiding and Fighting “Untimeliness” Rulings Under California Law by Kent A. Russell by Kent Russell Recently, the interplay of two decisions, one from the U.S. Supreme Court and one from the Ninth Circuit, has created a potential minefield for California habeas corpus …
Page 112 of 210. « Previous | 1 2 3 4 ... 108 109 110 111 112 113 114 115 116 ... 206 207 208 209 210 | Next »