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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 …
Article • July 15, 2009 • from PLN July, 2009
Fifth Circuit Rules Texas Parole Law Not Ex Post Facto by The U.S. Fifth Circuit Court of Appeals ruled that a Texas parole law created in 1993, but applied retroactively to capital offenders in 1995, was not ex post facto. Billy Ray Wallace was sentenced in December 1981 for the …
Article • July 15, 2009
Colorado's Prison System Structured to Promote Failure by August 12, 12:41 PM - Denver Criminal Justice Examiner - John Miller Mike peers from beneath the sackcloth he uses as a blanket, watching coldly as the other shelter residents ready themselves for sleep. The room is lined with beds and smells …
Article • July 15, 2009
Sotomayor for the Prosecution by James Ridgeway — By James Ridgeway | Wed July 15, 2009 12:18 PM PST Mother Jones Sonia Sotomayor's all-but-certain confirmation will be a notable victory for the Democrats, and a long-overdue victory for diversity on the nation's highest court. Whether it will be a victory …
No Appeal of Immunity Defenses if Case Under Advisement by Immunity defenses may not be reviewed by way of appeal when a district court still has the matter “under advisement” before a magistrate judge, the U.S. Court of Appeals for the Fifth Circuit decided July 23, 2008. Raul Meza sued …
Article • July 15, 2009
No Liberty Interest in Wisconsin Home Detention Program, Prisoner Waived Rights by On April 24, 2008, the U.S. Court of Appeals for the Seventh Circuit held that a prisoner has no protected liberty interest in participating in a Wisconsin home detention program (HDP) when a prisoner waives his rights. James …
Article • July 15, 2009
Murder Conviction for Prisoner Accused of Killing Prisoner at USP Beaumont Affirmed by On April 30, 2008, the U.S. Court of Appeals for the Fifth Circuit affirmed the murder conviction of a prisoner accused of killing another prisoner at the United States Penitentiary (USP) in Beaumont, Texas. Arzell Gulley was …
Marsden Hearing Required When Defendant Puts Forward Plausible Ineffective Assistance of Counsel Claim by On April 11, 2008, the Court of Appeal of the State of California, Fifth District, remanded a criminal case for a hearing to determine whether an attorney was ineffective for failing to call two witnesses in …
Court Refuses to Overturn Guard’s Civil Rights Conviction by U.S. District Judge Jack Zouhary has denied a former guard’s Rule 29 motion for judgment of acquittal. Seth Burke was charged with civil rights violations for using excessive force on prisoners at the Lucas County Jail in Ohio. Burke kicked one …
Article • July 15, 2009
DNA Collection from Probationers Does Not Violate Fourth Amendment by The collection of DNA from probationers does not run afoul of the Fourth Amendment, the U.S. Court of Appeals for the First Circuit decided July 7, 2008. The court’s decision comes in an appeal by the government from a lower …
Eighth Circuit Rejects Reckless Investigation Claim by On April 8, 2008, the U.S. Court of Appeals for the Eighth Circuit rejected a lawsuit brought by a former prisoner against a prison investigator for his role in the prisoner’s murder conviction and resulting death sentence. Joseph Amrine sued George Brooks, a …
Article • July 15, 2009
$1,500 Settlement in Overdetention Claim by Washington State’s King County Jail has paid Kenneth L. Hoeck $1,500 to settle a claim that he was overdetained by 10 days due to the failure of jail officials to award him good time on his 60 day community custody violation sentence. In response …
Brief • June 18, 2009
Benkahla v. Federal Bureau of Prisons, IN, Proposed Amended Complaint, Wrongful CMU Confinement, 2009 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA TERRE HAUTE DIVISION ) ) ) Plaintiff, ) ) v. ) ) Federal Bureau of Prisons; ) Eric H. Holder, Attorney General of the ) United States; Harley …
California Prosecutors, Parole Board, State Agencies Entitled to Absolute Immunity in Parole Decisions by The Ninth Circuit Court of Appeal has held that prosecutors, parole board members and state agencies are entitled to absolute immunity for participating in or making parole decisions. The Court’s ruling comes in the case of …
Article • June 15, 2009
COA Denied to Florida Prisoner Sentenced to Death for Killing Guard by The Eleventh Circuit Court of Appeals entered a detailed opinion denying a certificate of appealability to a Florida prisoner sentenced to death for murdering a guard while sitting on death row awaiting execution for two other murders. Before …
Article • June 15, 2009
BOP May Lawfully Limit Halfway House Placement Beyond 180 Days by The Bureau of Prisons (BOP) may lawfully restrict federal prisoners to no more than 180 days halfway house placement, the U.S. Court of Appeals for the Eighth Circuit decided May 30, 2008. Gary Miller and several other prisoners at …
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