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Article • September 30, 2022 • from PLN October, 2022
Federal Prisoners Finally Receiving Benefits 42 Months After First Step Act Became Law by Casey Bastian by Casey J. Bastian On June 18, 2022, almost three-and-a-half years after former President Donald J. Trump (R) signed the First Step Act (FSA) into law in December 2018, the federal Bureau of Prisons …
Article • September 1, 2022 • from PLN September, 2022
Rhode Island Supreme Court Finds Lifer “Civil Death” Law Unconstitutional by David Reutter by David M. Reutter The Supreme Court of Rhode Island held on March 2, 2022, that the state’s civil death statute is “unconstitutional and in clear contravention of the provisions” of the state constitution. The Court’s ruling …
Article • September 1, 2022 • from PLN September, 2022
SCOTUS Reinstates Boston Marathon Bomber’s Death Sentence by Mark Wilson by Mark Wilson In a 6-3 decision authored by Justice Clarence Thomas on March 4, 2022, the U.S. Supreme Court reinstated the death sentence of Boston Marathon bomber Dzhokhar Tsarnaev, reversing a lower appellate court to conclude that the trial …
Article • September 1, 2022 • from PLN September, 2022
Even as U.S. Jail Population Declines, Average Length of Stay Rises by Ashleigh Dye by Ashleigh N. Dye A recent study published in December 2021 suggests that even as U.S. jail population was falling between 2014 and 2019, the length of stay for each incarceration was on the rise. The …
Brief • August 10, 2022
Filed under: Pardons/Clemency
Marteeny v. Brown, OR, Opinion, Clemency, 2022 250 August 10, 2022 No. 488 IN THE COURT OF APPEALS OF THE STATE OF OREGON Douglas R. MARTEENY, District Attorney for Linn County, Oregon; and Patricia W. Perlow, District Attorney for Lane County, Oregon; on behalf of all Oregonians and Randy Tennant, …
Article • August 1, 2022 • from PLN August, 2022
Life Sentences Commuted for Two Massachusetts Prisoners Convicted of First-Degree Murder by Keith Sanders by Keith Sanders On April 21, 2022, the Massachusetts Parole Board voted unanimously to grant parole to state prisoner William Allen, nine days after taking another unanimous vote to parole another Bay State prisoner, Thomas Koonce, …
Article • July 15, 2022 • from PLN July, 2022
Oregon Judge Invalidates Governor’s Clemency Grant to Dozens Sentenced to Life as Juveniles, Halting Parole Hearings by Mark Wilson by Mark Wilson On March 1, 2022, a lawsuit challenging clemency orders by Oregon Gov. Kate Brown (D) was mostly rejected in Marion County Circuit Court. However, in ruling on the …
Article • July 15, 2022 • from PLN July, 2022
Filed under: Parole, Parole Conditions
Seventh Circuit Clarifies Calculation of Presumptive Parole Date for Federal Prisoner Sentenced Under Pre-1987 Law by Anthony W. Accurso by Anthony W. Accurso In a decision reached on December 6, 2021, the U.S. Court of Appeals for the Seventh Circuit clarified calculation of the presumptive parole release date for a …
Brief • July 15, 2022
Filed under: Wrongful Conviction
Kelley v. The City of Park, TX, Settlement, Wrongful Conviction, 2022 1 IN•THE UNITED STATES DISTRICT COURT ··. WESTERN DISTRICT AUSTIN DIVISION , GREGORY RAYMONi) ·, K ELLEY § § Plaintiff, \ ·§ vs. § ' I, • . CIVIL ACTION NO. 1:20-CV-00481-RP ·§ , I THE CITY OF CEDAR …
Article • July 13, 2022 • from PLN July, 2022
Filed under: Parole, Parole Conditions
Maryland Strips Governor’s Power to Overturn Parole Decisions by Ashleigh Dye by Ashleigh Dye On December 7, 2021, Maryland lawmakers voted to override the governor’s veto and take away his power to overrule parole recommendations for state prisoners serving a life sentence. After the bill, SB 202, passed earlier in …
Article • June 16, 2022
Filed under: Habeas Corpus
Vermont Supreme Court Affirms Dismissal of Habeas Petition from State Prisoner Given Run-Around by DOC by Douglas Ankney By Douglas Ankey A Vermont prisoner’s valiant effort to hold the state Department of Corrections (DOC) to account died a maddening bureaucratic death in state court on April 4, 2022. The facts …
Brief • June 16, 2022
Filed under: Wrongful Conviction
Cooper v. City of Elkhart, IN, Settlement, Wrongfully Convicted, 2022 MUTUAL RELEASE AND SETTLEMENT AGREEMENT This MUTUAL RELEASE AND SETTLEMENT AGREEMENT (the “Agreement”) is made effective this ____ day of June, 2022 (the “Effective Date”), by and among the City of Elkhart, Indiana; Diana Rezutko, as Personal Representative of the …
Article • June 1, 2022 • from PLN June, 2022
Filed under: Parole, Qualified Immunity
Ninth Circuit Holds California Prison Officials Entitled to Legislative Immunity When Promulgating Rules by David Reutter by David M. Reutter On August 20, 2021, the U.S. Court of Appeals for the Ninth Circuit affirmed an order finding officials with the California Department of Corrections and Rehabilitation (CDCR) are immune to …
Brief • 2022
Filed under: Wrongful Conviction
Hincapie v. City of New York, NY, Settlement, Wrongful Conviction, 2022 U '1TH) T \Tl· S Dl ' TRl(T(OLRT SOL 11 ll:R ' DISTRICT or ['\\' YORK ------------ -------------- - ---- --------- - - -------------- - - ------ ---- -- X JOit l\Y IIINCAPIF. Pla111t1f( STIPUIA.TIO'-i A '-iD ORDER OF …
Publication • 2022
Filed under: Sentencing
County Dependence on Monetary Sanctions-Implications for Women's Incarceration, 2022 County Dependence on Monetary Sanctions: Implications for Women’s Incarceration K at e K. O’N eill, T y ler Smi t h, a n d I a n K en n edy Although men’s incarceration rates have declined in the United States, …
Publication • 2022
Filed under: Pardons/Clemency
2022 CLEMENCY ADVOCACY GUIDE ADVOCACY GUIDE INTRODUCTION This guide is a resource for individuals who have applied for clemency from the Governor of California and ask the question, “What do I do now?” Here, you will find information and guidance on building an advocacy campaign in support of your clemency …
Publication • 2022
Filed under: Pardons/Clemency
Annual Report of Trends in Clemency -2022 The Redemption Campaign Annual Report of Trends in Clemency 2022 Overview The criminal legal landscape is, by design, enormously complex and notoriously difficult to change. While we have a number of tools available to correct the failed policies of the past, one in …
Article • April 1, 2022 • from PLN April, 2022
Death by Incarceration: Study Reveals High Death Rates Inside NY’s State Prisons by Keith Sanders by Keith Sanders  In 1972, when the U.S. Supreme Court outlawed capital punishment, New York state had been executing people since 1608. The total number of individuals put to death by the state in that …
Article • April 1, 2022 • from PLN April, 2022
California Supreme Court Reclassifies Clemency Records, No Longer Confidential by Keith Sanders by Keith Sanders On May 26, 2021, the Supreme Court of California filed en banc a new administrative order changing the Court’s published Internal Operating Practices and Procedures regarding the confidentiality of clemency records. The Court had previously …
Article • March 1, 2022 • from PLN March, 2022
Third Circuit: Retroactive Application of Amended New Jersey Parole Guidelines May Violate Ex Post Facto Clause by Douglas Ankney by Douglas Ankney On September 22, 2021, the U.S. Court of Appeals for the Third Circuit reversed a district court’s dismissal of a pro se prisoner’s 42 U.S.C. § 1983 complaint, …
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