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Article • September 15, 2009 • from PLN September, 2009
Filed under: Sentencing, Parole
California Lifers’ New Litigation Tool: DA’s “Opinion” and Governor’s “Belief” Do Not Constitute “Evidence” in Parole Denial Cases by Marvin Mentor In the final chapter of the litigation saga of now-paroled PLN writer John Dannenberg, on April 22, 2009, the California Supreme Court declined review and approved publication of the …
Federal Three-Judge Panel Orders California To Reduce Prison Population By 44,000 Prisoners Within Two Years by Marvin Mentor In a landmark ruling, a federal three-judge panel ordered the California Department of Corrections and Rehabilitation (CDCR) to cap the prison population of its 33 adult prisons to 137.5% of their 79,828 …
California: Parole Board’s Policy Barring Friendly Oral Witness Testimony At Lifer Hearings Ruled An “Underground Regulation” by Marvin Mentor The California Office of Administrative Law (OAL) struck down the unwritten policy of the California Board of Parole Hearings (BPH) that denied all requests for friendly oral witness testimony at lifer …
Article • September 15, 2009
3 Days Illegal Imprisonment Nets $5,500 by Washington’s King County paid $5,500 to settle a claim that a probation officer was negligent in her duties, causing the claimant, Lolita Urie, to be improperly and illegally arrested. When Urie timely appeared for a probation appointment with King County Probation Officer Nancy …
Indigent Texas Prisoners May No Longer be Required to Repay Cost of Court-Appointed Counsel by by Bill Habern On March 11, 2009, the Texas Court of Appeals in Amarillo issued an opinion in a case involving Gilbert Alexander Perez, an indigent defendant. Perez raised two issues on appeal. First was …
Shouldn’t Innocence Matter? by David C Fathi By David Fathi On August 17, the US Supreme Court ordered a lower federal court in Georgia to conduct a hearing in the case of Troy Anthony Davis. Davis has been on Georgia’s death row for 18 years, sentenced to death for the …
Article • September 15, 2009
New Research on Prisoner Gambling: Correctional Considerations and Implications for Re-entry by D J Williams by Dr. D J Williams Independent Researcher, Los Angeles, CA Exclusive article written for Prison Legal News (October 2009) *The author wishes to thank the Alberta Gaming Research Institute for funding his research on prisoner …
Article • September 15, 2009
$2,500 Settlement for Wrongful Arrest by Washington State’s King County paid $2,500 to settle the claim of Randy A. Field, who was wrongfully arrested on September 20, 2004 and January 21, 2005 for violation of a non-contact order (NCO) with his wife, which had been withdrawn on November 9, 2001 …
Article • September 15, 2009
Sentence Enhancements Do Not Affect DOSA Sentence by A DOSA (Drug Offender Sentencing Alternative) sentence may include time that arises from a sentencing enhancement, the Court of Appeals of the State of Washington decided. Ray Roy Gutierrez pleaded guilty to delivery of a controlled substance. He was sentenced to 40 …
Article • September 15, 2009
Supervised Release Period Does Not Begin When Federal Prisoner Is Transferred To Pre-Release Custody by A federal prisoner's period of supervised release does not commence upon transfer to a halfway house, jail or other component of community confinement, the U.S. Court of Appeals for the Ninth Circuit decided November 7, …
Article • September 15, 2009
Time Served In Excess of Base Term Cannot Be Used to Reduce Parole Period by The California Court of Appeal for the First Appellate District has affirmed the denial of a habeas petition filed by a parolee seeking discharge from parole based on time served in excess of the prisoner’s …
Article • September 15, 2009
California Governor's Reversal of Lifer's Grant of Parole Not Based On "Some Evidence" by California Governor's Reversal of Lifer's Grant of Parole Not Based On "Some Evidence" The U.S. District Court for the Southern District of California granted a writ of habeas corpus to a California lifer whose grant of …
Article • September 15, 2009
California Probationer Must Provide Notice of Pet Ownership by In a decision filed December 29, 2008, California's Supreme Court affirmed an appeals court judgment that probation super¬visors violate no "fundamental or constitutional rights" by requiring a probationer to notify probation officers of any pets the probationer keeps. The Appellant in …
Article • September 15, 2009
Collateral Consequences not Presumed in Moot Habeas Petition Challenging BOP Early Release Denial by The Third Circuit Court of Appeals has held that a petitioner’s habeas corpus is moot when it is only “likely” that a sentencing court will reduce the terms of supervised release. The Court’s holding comes in …
Article • September 15, 2009
$4,000 Settlement in Failure to Arraign by Washington State’s King County Jail has paid $4,000 to settle the claim of Michael Chiofar, which sought damages for the failure of the Jail to assure that he was arraigned within 72 hours of his arrest as required by Washington law. He claimed …
Article • September 15, 2009
$8,000 Settlement for 10 Days of Wrongful Detention by Washington State’s King County has paid $8,000 to settle the claim of Pantaleon F. Alba, who was overdetained by 10 days due to King County Correctional Facility records clerk, Kimberly Carver, failing to correct his good time credits. Carver transmitted to …
Article • September 15, 2009
$16,000 Settlement in Seattle Wrongful Imprisonment Claim by Washington State’s King County paid $16,000 to settle the civil rights suit of Christopher L. Larson, who was due to be released from the Olympia City Jail on June 27, 2004, but a computer check revealed that Larson had an outstanding warrant …
Article • September 15, 2009
$20,000 Settlement for False Imprisonment by Seattle Jail by Washington State’s King County paid $20,511.02 to Thomas Padgett, Jr. for being falsely imprisoned from June 3 through 15, 2001. When Padgett was arrested and taken to the jail, he was not brought before a judge until June 15, which resulted …
Article • September 15, 2009
$3,900 Settlement in False Imprisonment by Seattle Jail by Washington State’s King County Jail paid $3,848.54 to settle the false imprisonment claim of Amanda Markholt, who was arrested on a warrant out of Pierce County for failing to take a blood test. The same day of her arrest, December 31, …
$7,500 Settlement for Seattle Police Officer Withholding Exculpatory Information by Washington State’s King County paid $7,540.64 to settle the claim of Richard D. Sweat, who was arrested for attempted robbery. During the investigation, Deputy Kirk Rains of the King County Sheriff’s Office was advised that the alleged crime was committed …
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