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Article • September 15, 2009
Filed under: Sentencing, Good Time, Probation
Florida Prisoner Entitled to Previous Prison Credit upon Probation Violation by Florida’s Fourth District Court of Appeal reversed a trial court’s order, dismissing a Rule 3.800(a) motion to correct an illegal sentence, remanding with instruction to make a notation in the written sentence that the prisoner is entitled to receive …
Article • September 15, 2009
Habeas Corpus Granted to California Prisoner Denied Parole by Governor by In a decision filed December 12, 2008, a California Court of Appeal granted habeas corpus relief to state prisoner Clarence Burdan. The petition challenged the governor’s denial of a recommendation that Burdan be paroled. On June 21, 1984, Burdan …
Article • September 15, 2009
Probation Revocation Documents not Testimonial Under Sixth Amendment by Following his December, 2006 conviction for capital murder, which resulted in a death sentence, Juan Ramon Meza Segundo filed a direct appeal listing 19 points of error, each of which were rejected on October 29, 2008, affirming his conviction and sentence. …
Article • August 15, 2009 • from PLN August, 2009
District Court Erred in Sua Sponte Dismissal of Prisoner’s Challenge to Conditions of Confinement by The U.S. Court of Appeals for the Second Circuit reversed a district court’s sua sponte dismissal of a prisoner’s challenge to his conditions of confinement. Sala-Thiel Thompson, a federal prisoner, filed a habeas petition under …
Article • August 15, 2009 • from PLN August, 2009
Report Concludes Hispanics Receiving a Greater Share of Federal Sentences by David Reutter by David M. Reutter Hispanics are comprising a higher percentage of federal sentences, concludes a February 2009 report issued by the Pew Hispanic Center. The rise is attributed to a heightened focus on immigration enforcement. The findings …
Missouri Public Defenders Not Immune from Client Suits by In a case of first impression, the Missouri Court of Appeals held that state public defenders are not entitled to official immunity for acts committed during their representation of indigent criminal defendants. Missouri public defender Arthur Allen represented Bernardo Costa, an …
Article • August 15, 2009 • from PLN August, 2009
$100,000 Settlement in Illegal Imprisonment Caused by Massachusetts’ Failure to Implement Court Order by David Reutter by David M. Reutter A former Massachusetts prisoner has received $100,000 to settle a claim of wrongful and illegal confinement. PLN previously reported on this incident, which stems from the failure of the Massachusetts …
Article • August 15, 2009 • from PLN August, 2009
Filed under: Sentencing, Parole
Ohio Parole Authority Ordered to Grant Hearings that Provide Meaningful Parole Consideration by David Reutter by David M. Reutter The Court of Common Pleas in Franklin County, Ohio has entered summary judgment finding the Ohio Adult Parole Authority (APA) denies “meaningful parole consideration when they assign an inmate to a …
Article • August 15, 2009 • from PLN August, 2009
$250,000 Award in Mississippi False Imprisonment Suit by Last January, a Mississippi federal jury awarded a former prisoner $250,000 for being falsely incarcerated by the Mississippi Department of Corrections (MDOC). The facts of the case exhibit an unbelievable abuse of power by MDOC officials. After pleading guilty to burglary of …
Judge Sonia Sotomayor Denied My Appeal and I Spent 16 Years in Prison for a Crime I Didn’t Commit by Jeffrey Deskovic My name is Jeffrey Deskovic. At age 17, I was wrongfully convicted of murder and rape, a conviction that was based upon a coerced false confession, the fabrication …
Rodriguez v. City of Houston, TX, Motion for Atty Fees, Wrongful Rape Conviction, 2009 Case 4:06-cv-02650 Document 335 Filed in TXSD on 08/14/2009 Page 1 of 22 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION GEORGE RODRIGUEZ, Plaintiff, v. CITY OF HOUSTON, et al., …
ICE Contract w/ BI, Incorporated for Electronic Monitoring/Alternatives to Detention Program, 2009 to 2014 Company Name: BI Incorporated Contract Number: HSCECR-09-D-00002 (HSCECR09D00002) Requisition/Reference Number: 192109CED0ATD0004 Latest Modification Processed: N/A Period of Performance: 7/20/2009 through 7/19/2014 Services Provided: Providing professional support services for the Intensive Supervision Appearance Program (ISAP) II for …
Ninth Circuit Flip-Flops: Denial of Washington Sex Offender’s Community Custody Release Held Unconstitutional, Then Constitutional by Mark Wilson Ninth Circuit Flip-Flops: Denial of Washington Sex Offender’s Community Custody Release Held Unconstitutional, Then Constitutional by Mark Wilson Illustrating the axiom that the law means whatever a judge decides it means, in …
Texas Posthumously Exonerates Man Who Died in Prison by Matthew Clarke by Matt Clarke On February 6, 2009, Travis County District Judge Charlie Baird did what no other Texas judge had done before – he exonerated a dead man. Timothy Brian Cole, who died of asthma due to medical neglect …
Article • July 15, 2009 • from PLN July, 2009
Prisoner’s Right to Mail Announcement of Peaceful Demon-stration Trumps Purported Prison Security Claims by Marvin Mentor On October 21, 2008, the U.S. District Court for the Eastern District of California upheld a state prisoner’s First Amendment right to send mail after his letters to several media agencies were blocked by …
Article • July 15, 2009 • from PLN July, 2009
Filed under: Sentencing, Habeas Corpus
Habeas Hints: Traverse Motion Responses by Kent A. Russell This column is intended to provide “Habeas Hints” to prisoners who are considering or handling habeas corpus peti-tions as their own attorneys (“in pro per”). The focus of the column is on habeas corpus practice under AEDPA, the 1996 habeas corpus …
Article • July 15, 2009 • from PLN July, 2009
Sentencing Project Releases Report on Sentencing Policy and Practice by Matthew Clarke by Matt Clarke In February 2009, The Sentencing Project released a report on developments in sentencing policies and practices in 2008. The report notes that, with 2.3 million prisoners, 5 million citizens on parole or probation and a …
Article • July 15, 2009
California Governor Entitled to Absolute Immunity for Erroneous Review for Prisoner’s Parole Eligibility by Former California Governor Gray Davis is entitled to absolute quasi-judicial immunity for his actions related to the erroneous review of a parole board’s grant of parole, the Ninth Circuit held on April 2, 2008. Donald Miller …
Clemency Petition Not Subject to FOIA by On December 1, 2008, the U.S. Court of Appeals for the Second Circuit affirmed a district court’s order denying a Freedom of Information Act (FOIA) request for copies of a commutation petition filed by John Walker Lindh, the so-called “American Taliban.” In January …
Article • July 15, 2009 • from PLN July, 2009
California: Waiver of Private Psychotherapist-Patient Privilege an Unreasonable Condition of Parole by The California Court of Appeal (2nd District) agreed with a superior court that it was unreasonable for a parole officer to insist that a parolee must, as a condition of parole, waive his confidential privacy privilege with his …
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