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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 …
GPS Used to Track Sex Offenders in Washington State by Matthew Clarke by Matt Clarke Like firefighters and airline pilots, the ten Washington Department of Corrections community correction officers (CCOs) assigned to monitor high-risk sex offenders in King County via Global Positioning System (GPS) hope for a really boring day …
Article • December 15, 2009 • from PLN December, 2009
Rape Victim and Family of Exonerated Man Who Died in Prison Become Activists by Matthew Clarke by Matt Clarke Tim Cole achieved widespread recognition when he was exonerated 24 years after his arrest for the rape of a university student in Amarillo, Texas. Another man confessed to the crime and …
Article • December 15, 2009 • from PLN December, 2009
Judges: Umpires They Are Not by Brandon Sample U.S. Supreme Court Chief Justice John G. Roberts famously said during his confirmation hearing that judges are like umpires, each calling balls and strikes as they come. But is that really a fair comparison? “Batters” like Kevin Phelps and other prisoners who …
Massachusetts Man’s Estate Resolves Wrongful Conviction Suit for $14.1 Million by David Reutter In July 2009, the estate of a man who served over 18 years in Massachusetts prisons for a murder and robbery he did not commit reached a $3.4 million settlement with 5 of the 6 insurers for …
Article • December 15, 2009
District Court Orders California Prisoner Released Following Parole Denial by On July 7, 2009, a U.S. Magistrate Judge in California issued a favorable recommendation in response to a prisoner's petition for writ of habeas corpus. The petition was filed pursuant to 28 U.S.C. § 2254 by David Velasquez after the …
Article • December 15, 2009
Nexus Between Offense and Current Dangerousness Finding Required for California Parole Denial by On June 30, 2009, a California appellate court modified then affirmed a superior court order granting habeas corpus relief to Marin Haro. Haro filed the petition in 2008 challenging California's Board of Parole Hearings' (Board) decision finding …
Article • December 15, 2009
Out of State Detainer Does not Prevent Civil Commitment of Sex Offender Scheduled for Release by In an opinion filed June 23, 2009, the Ninth Circuit affirmed a lower court's conclusion to allow the civil commitment of a prisoner in Washington who was about to be released to a detainer …
Brief • December 1, 2009
Lago v. City of New York, NY, Preliminary Statement, false arrest imprisonment police sexual assault, 2009 Case 1:09-cv-09863-LAK Document 1 Filed 12/01/2009 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK --------------------------------------------------------------X IRIS LAGO, ) ) Plaintiff, ) ) -against) ) THE CITY OF NEW YORK; NEW YORK CITY ) …
Article • November 15, 2009
Vengeance Meets Recidivism by Jimmie Franks By Jimmy Franks As vote-hungry politicians and vengeance-minded citizens continue to make it increasingly difficult for parolees to successfully reintegrate into society, prison recidivism remains a problem of epic proportions. Viewed objectively, the correlation between these two phenomena is readily apparent, although no one …
$250,000 Awarded to Former New York Prisoner Wrongly Convicted by Falsified Evidence by David Reutter by David M. Reutter A New York Court of Claims has awarded $250,000 to a former prisoner based on her claims of malicious prosecution and negligent supervision, after finding a State Police investigator had fabricated …
Article • November 15, 2009 • from PLN November, 2009
Justice Reinvestment Initiative Eliminates Texas Prison Overcrowding by Matthew Clarke by Matt Clarke Despite a massive prison-building program in the 1990s, in 2007 the Texas legislature had to deal with an overcrowded prison system. Some lawmakers proposed including $523 million in the biennial budget for prison construction. Surprisingly, the legislature …
Article • November 15, 2009 • from PLN November, 2009
$21 Million Jury Award for Illinois Wrongful Conviction by David Reutter by David M. Reutter In June 2009, an Illinois federal jury awarded $21 million to a former prisoner who served 11-1/2 years for a murder he didn’t commit. The basis of the claim was that Chicago police detective Reynaldo …
Article • November 15, 2009 • from PLN November, 2009
California Budget Cuts Lead to Closure of Two Parolee Residential Centers by In a questionable effort to save money, the State of California has closed two parolee residential centers in Los Angeles and returned the 74 non-violent offenders housed at those facilities back to prison. Scott Kernan, undersecretary of the …
Article • November 15, 2009 • from PLN November, 2009
Filed under: Sentencing, Parole
Terms of Parole Injunction Supersede Conflicting Provisions of California Voter Initiative by Michael Brodheim In the latest chapter of a 15-year-old class-action lawsuit, a U.S. District Court held that the passage of Proposition 9 by California voters on November 4, 2008 could not override a stipulated permanent injunction entered four …
Article • November 15, 2009 • from PLN November, 2009
Indiana DOC Directive Limiting Educational Credit to Only One Associate’s Degree Violates Ex Post Facto Clause by Brandon Sample A directive issued by the Indiana Department of Corrections (IDOC) that limits the award of educational sentence credit to only one Associate’s Degree cannot be applied retroactively without running afoul of …
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