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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 …
Personal Restraint Petition Remanded to DOC in Washington State by On October 27, 2008, a Washington State Court of Appeals filed an unpublished opinion in the matter of a personal restraint petition filed by prisoner Toby Joseph Masse challenging punishment imposed pursuant to a prison disciplinary hearing. Having received a …
Article • May 15, 2009
Plaintiffs Prevail in Objections to Taxed Bill of Costs by Following their arrest, conviction and imprisonment in 2002, Plaintiffs Kimberly Sykes and Tevya Urquhart, had the convictions overturned on appeal in 2004. Each woman then filed suit against various police officers in 2005 pursuant to 42 U.S.C. sec. 1983 alleging …
Article • May 15, 2009
Texas Court of Criminal Appeals: No Time Limit on Rehearing of State Habeas by On February 6, 2008, the Texas Court of Criminal Appeals (CCA) held that there was no temporal limitation on its rehearing on the court's own motion of previously-decided state habeas corpus applications. Jose Angel Moreno, a …
Article • May 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 asserted 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 …
$15,000,000 Verdict for LA Police Officers Upheld by On July 14, 2008, the U.S. Court of Appeals for the Ninth Circuit upheld a $15,000,000 verdict for three LA police officers who suffered civil rights violations related to an improper and negligent investigation into the officers’ alleged illegal conduct. Paul Harper, …
$500,000 Awarded to Family of Parolee Mistakenly Shot and Killed by Live Ammunition by On November 9, 2004, the City of Redondo Beach was ordered to pay $500,000 to the family of a California parolee who was killed by police after being mistakenly shot by live ammunition instead of “bean …
Article • April 15, 2009 • from PLN April, 2009
Pennsylvania Prison Crowding, Parole Crisis Result in New Laws, Parole Suspension by Matthew Clarke by Matt Clarke On September 29, 2008, Pennsylvania Governor Ed Rendell ordered a moratorium on paroles. Three weeks later he lifted the suspension of paroles for non-violent offenders, and the moratorium was completely withdrawn last December. …
Washington DOC Pays $2.2 Million to Settle Inadequate Supervision Claim Resulting in Death by The Washington State Department of Corrections (WDOC) agreed to pay $2.2 million to the family of a man who was brutally beaten by a probationer. The lawsuit claimed WDOC was liable for wrongful death because it …
Article • April 15, 2009
County Pays $500,000 for Negligent Supervision of Probationer by Washington’s Whatcom County has settled a claim that it was negligent in failing to monitor the actions of a probationer for $500,000. The lawsuit was brought by the parents of Michael C. Busby, Jr., 8, who was killed by the probationer. …
Article • April 15, 2009
The Fall of the Presidential Pardon, by Maya Schenwar by Maya Schenwar The Fall of the Presidential Pardon Thursday 02 April 2009 by: Maya Schenwar, t r u t h o u t In the last throes of the Bush presidency, reporters and citizens alike waited restlessly for the announcement …
Article • April 15, 2009
Ninth Circuit Rejects Total Ban on Computer Use for Sex Offender by On August 11, 2008, the U.S. Court of Appeals for the Ninth Circuit rejected a special condition of supervised release that, read broadly, imposed a total ban on computer use outside work. Robert Ray Burnett Goddard was convicted …
Article • April 15, 2009
Florida Legislature Proposes Automatic Restoration of Felons’ Civil Rights by David Reutter by David M. Reutter “I believe in personal redemption, that people can learn from their mistakes, and that people who take those lessons to heart and apply them to their lives deserve a second chance," proclaims Florida Governor …
Article • April 15, 2009
Time Spent in Civil Commitment Detention Credited Toward Criminal Sentence by Florida’s Fourth District Court of Appeal has held that there is no meaningful distinction between incarceration in prison or jail and confinement in a sex offender civil commitment facility, for the purposes of sentence calculation. The Court’s ruling came …
Article • April 15, 2009
Ninth Circuit: California Governor’s Reversal Of Lifer’s Parole Violates Due Process Absent Some Evidence Of Current Dangerousness; Rehearing En Banc Granted by In a major victory for California lifers, the Ninth Circuit U.S. Court of Appeals held that a second-degree murderer who had done 27 years on a 15-life sentence …
Article • April 15, 2009
Court Orders BOP to Recalculate Prisoner’s Good Time by On January 10, 2007, U.S. Magistrate Judge Janice M. Stewart granted a habeas corpus petition filed by a federal prisoner who alleged that the Bureau of Prisons (BOP) miscalculated his good conduct time (GCT). George Scott Kelly was convicted of felony …
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