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Ohio Woman Awarded $350,000 for False Arrest by On August 30, 2005, a federal jury in Ohio awarded Michelle Black-Hosang $100,000 in compensatory damages, as well as $250,000 in punitive damages for her unlawful arrest by Sergeant James Mendenhall of the Ohio State Police. Additionally, Black-Hosang is seeking more than …
Ninth Circuit: California Federal Habeas Petitioner Sufficiently Exhausts State Court Remedies When He Presents Facts Necessary to Support Constitutional Claim by John Dannenberg Ninth Circuit: California Federal Habeas Petitioner Sufficiently Exhausts State Court Remedies When He Presents Facts Necessary to Support Constitutional Claim by John E. Dannenberg A California state …
Article • June 15, 2009 • from PLN June, 2009
Washington: Violation of Community Custody Conditions May Be Enforced While Offender Is Reincarcerated by Washington: Violation of Community Custody Conditions May Be Enforced While Offender Is Reincarcerated The Washington State Supreme Court held that a prisoner who had been released on “community custody,” but who violated his terms of release …
California DA Says Incarceration Rate a Measure of His Success – Despite Wrongful Convictions, Prosecutorial Misconduct by Gary Hunter California DA Says Incarceration Rate a Measure of His Success – Despite Wrongful Convictions, Prosecutorial Misconduct by Gary Hunter Ed Jagels, District Attorney for Kern County, California, is concerned that his …
Article • June 15, 2009 • from PLN June, 2009
Nevada Ramps Up Prisoner Deportations – Even Those Ineligible for Early Release by Matthew Clarke Nevada Ramps Up Prisoner Deportations – Even Those Ineligible for Early Release by Matt Clarke In an attempt to reduce prison overcrowding and save money, Nevada has expanded its efforts to deport incarcerated non-citizens, including …
Article • June 15, 2009 • from PLN June, 2009
Oregon Detainee Paid $30,000 for 90 Days Illegal Jail Confinement by Oregon Detainee Paid $30,000 for 90 Days Illegal Jail Confinement The State of Oregon and Multnomah County have paid a man $30,000 to settle his suit for 90 days of illegal confinement. Ira Robinson was detained in the Multnomah …
Article • June 15, 2009 • from PLN June, 2009
Supreme Court Holds Failure to Report to Prison Not a Violent Felony Under ACCA by Supreme Court Holds Failure to Report to Prison Not a Violent Felony Under ACCA A defendant’s failure to surrender to serve a prison sentence is not a “violent felony” under the Armed Career Criminal Act …
Article • June 15, 2009 • from PLN June, 2009
California Lifers Housed Out-Of-State in Federal Witness Protection Program Entitled to Appear in Person at Parole Hearings by John Dannenberg by John E. Dannenberg The California Court of Appeal (Third District) held that California prisoners sentenced to life with the possibility of parole, who are housed in out-of-state facilities in …
Ninth Circuit Strikes Down BOP Regulation Precluding Early Release for Prisoners Who Complete Drug Treatment by Brandon Sample Ninth Circuit Strikes Down BOP Regulation Precluding Early Release for Prisoners Who Complete Drug Treatment by Brandon Sample The U.S. Court of Appeals for the Ninth Circuit held that the federal Bureau …
Publication • 2009
Filed under: Sentencing, Three Strikes
Washington's Three Strikes Law Washington’s Three Strikes Law PUBLIC SAFETY & COST IMPLICATIONS OF LIFE WITHOUT PAROLE Washington’s Three Strikes Law PUBLIC SAFETY & COST IMPLICATIONS OF LIFE WITHOUT PAROLE Washington’s Three Strikes Law Executive Summary 3 Lessons Learned From Washington’s Three Strikers Age 5 Mental Illness 6 Substance Abuse …
Article • May 15, 2009 • from PLN May, 2009
Billionaire-Funded California Voter Initiative Triples Lifer Parole Denial Intervals, Imposes Restrictions on Parole Violators by Billionaire-Funded California Voter Initiative Triples Lifer Parole Denial Intervals, Imposes Restrictions on Parole Violators In the November 2008 elections, California voters narrowly passed Proposition 9 by a 53 to 47% margin. Prop. 9 was a …
Overdetained California Prisoner Wins $21,800 for False Imprisonment by John Dannenberg by John E. Dannenberg The California Court of Appeal upheld a Superior Court verdict of $21,800 against state prison officials in a lawsuit filed by a prisoner whose eventually-corrected good time credit earning rate resulted in his being released …
Texas Increasingly out of Step on Death Penalty by David C Fathi By David Fathi Copyright 2009 Houston Chronicle May 23, 2009, 3:44PM Barring unexpected events, in the next few weeks Gov. Rick Perry of Texas will oversee his 200th execution since taking office in 2000. Perry has already allowed …
Due Process Required Before Imposition of Sex Offender Parole Conditions by On June 20, 2008, a Texas federal court held that a parolee’s right to receive due process before onerous sex offender conditions were imposed was clearly established in the Fifth Circuit. Ray Curtis Graham, a Texas state parolee, was …
Indeterminate Commitment Order Reversed on Appeal by On March 15, 2007, a California superior court erroneously granted a motion requesting the involuntary commitment of David Litmon, Jr. for an indeterminate length of time. The State filed the motion under the terms of Proposition 83, which went into effect in 2006 …
Article • May 15, 2009 • from PLN May, 2009
Ninth Circuit: “Supervised Release” is Not “Imprisonment” by The Ninth Circuit U.S. Court of Appeals has held that with respect to 18 U.S.C. § 3624(e), being on supervised release in a state community pre-release center did not toll a state prisoner’s concurrent federal supervised release. Since the plaintiff had therefore …
Article • May 15, 2009 • from PLN May, 2009
Federal Supervised Release Must be Credited for Time Served on Prior Revocations by Federal Supervised Release Must be Credited for Time Served on Prior Revocations The Eleventh Circuit Court of Appeals held that the maximum allowable period of federal supervised release following multiple revocations must be reduced by the aggregate …
Article • May 15, 2009
Michigan Sex Offender Registration Act Does not Apply to Bestiality Conviction by After pleading no contest to committing an "abominable and detestable crime against nature" with a sheep, Jeffrey Haynes was sentenced as a habitual criminal in a Michigan court to 2½ to 20 years behind bars. The trial court …
Mississippi Woman Awarded $75,000 for Wrongful Incarceration Due to Court Clerk Error by On October 19, 2005, a federal jury in Mississippi awarded Michelle Hobbs $75,000 after she was wrongfully detained for 4 hours based on an arrest warrant mistakenly issued by a court clerk. Hobbs's initial arrest occurred in …
Article • May 15, 2009
Missouri DOC Ordered to Pay Ex-Prisoner $10,600 for Wrongful Imprisonment by On May 20, 2005, a federal jury in Eastern Missouri awarded ex-prisoner, Daryl Davis, $10,600 after corrections officials in that State failed to release him for almost 60 days after his court-ordered release. Convicted of theft in St. Louis …
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