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Eighth Circuit Holds Failure of U.S. Parole Commission to Hold Early Termination Hearing Does Not Make Custody Illegal by The Eighth Circuit Court of Appeals has held that 18 U.S.C. sec. 4211(c)(1) creates only a right to an early parole termination hearing, not a right to release in the absence …
Article • April 15, 2009
Court Reverses Supervision Condition Prohibiting Cohabitation with Anyone Other than Family by On June 16, 2008, the U.S. Court of Appeals for the Fifth Circuit reversed a supervised release condition prohibiting a defendant from living with anyone he was not married to or that was not a blood relative. Alex …
Article • April 15, 2009
Dismissal of Suit Challenging Loss of Diminution Credits Upheld by On May 8, 2008, the Maryland Court of Special Appeals upheld the dismissal of a prisoner suit challenging the loss of diminution credits. Alfred Fraction and Gregory Nutter, Maryland prisoners, sued the Secretary of the Department of Public Safety and …
Article • April 15, 2009
Jail Term Imposed for Non-Payment of Fine Upheld in Washington by A Washington appeals court held that the imposition of jail time for the willful non-payment of fines in violation of stipulated probation terms was within the trial court’s authority. On September 1, 2005, Jimmy Young pled guilty to one …
Lab Technician Denied Qualified Immunity In Former Prisoner’s Lawsuit by In 1984, Dennis Patrick Brown was convicted of rape and sentenced to life in prison. With the assistance of The Innocence Project, the DNA tests were repeated in 2003 and revealed Brown was innocent. Brown was released and the City …
Article • April 15, 2009
New York Civil Case Settled in 1977 by Simply Clarifying Rule by A U.S. district court in New York allowed the New York City Police Department (NYCPD) to settle a civil case in 1977 by stipulating and clarifying the NYCPD’s policy on bystanders remaining in the area of an arrest …
Testimonial Hearsay Ruled Admissible in Florida Probation Revocation Hearings by The Supreme Court of Florida has held that testimonial hearsay is admissible in probation revocation hearings. In July 2003, Robert Sheldon Peters had his community control revoked, received a suspended 24 month prison sentence, and was placed on drug offender …
Involuntary Plea in Washington Requires Withdrawal or Strict Plea Enforcement by A state of Washington Court of Appeals has held that a defendant who enters an involuntary plea is entitled to choose his remedy of either specifically enforcing the plea agreement or withdrawing that plea. The ruling came in the …
California Juvenile Parolees Entitled to Two-Step Revocation Process; Case Settles by John Dannenberg California Juvenile Parolees Entitled to Two-Step Revocation Process; Case Settles by John E. Dannenberg The U.S. District Court for the Eastern District of California has held that the rights of California juvenile parolees were violated by the …
Article • April 15, 2009 • from PLN April, 2009
Minnesota Sex Offenders’ Requisite Disclosure in Treatment Can Violate Fifth Amendment by Minnesota Sex Offenders’ Requisite Disclosure in Treatment Can Violate Fifth Amendment Minnesota state prisoners Frank Johnson and John Henderson individually petitioned for writs of habeas corpus in 2005 after 45 days were added to their sentences for noncompliance …
Article • April 15, 2009 • from PLN April, 2009
BJS Report Reveals Parole Supervision Characteristics by Mark Wilson In 2006, nearly 68,000 state employees supervised 660,959 adult parolees – about 83 percent of 798,202 total parolees – according to a Special Report of the U.S. Department of Justice’s Bureau of Justice Statistics (BJS). Parole officers had an average caseload …
Article • April 15, 2009 • from PLN April, 2009
Filed under: Sentencing, Parole
CA Supreme Court Capitulates, Rewrites "Unworkable" 2005 Dannenberg Lifer Judicial Parole Review Standards by CA Supreme Court Capitulates, Rewrites "Unworkable" 2005 Dannenberg Lifer Judicial Parole Review Standards In a welcome reversal of its own “hotly contested” 4-3 decision in In re Dannenberg, 34 Cal. 4th 1016 (2005), concerning judicial review …
Article • April 15, 2009 • from PLN April, 2009
Federal Prisoner’s §2241 Petition Dismissed for Non-Exhaustion; Prisoner Sought Sentence Reduction for Revealing Weapons by A federal court in Michigan denied a federal prisoner’s motion for relief from judgment summarily dismissing his habeas corpus petition. The court found that the prisoner failed to show that he exhausted his administrative remedies. …
Article • April 15, 2009 • from PLN April, 2009
Thousands Sought Pardons or Commutations from Bush, but Few Were Fortunate by Brandon Sample It is not unusual to see an increase in requests for pardons in the waning days of a presidential administration. President Clinton, for example, received 1,827 petitions during his final year in office. However, with harsh …
Indiana Law Requiring Former Prisoners to Consent to Search and Monitoring of Their Computers Held Unconstitutional by Brandon Sample On June 24, 2008, U.S. District Court Judge David Hamilton struck down Section 8(b) of Indiana Public Law 119, which required sex offenders and violent offenders who had completed their sentences …
Article • April 15, 2009 • from PLN April, 2009
Elected Judges More Punitive Just Before Elections by Gary Hunter Elected Judges More Punitive Just Before Elections by Gary Hunter Research compiled by Gregory A. Hubner of Yale University and Sanford C. Gordon of New York University revealed that trial judges hand out more prison and jail time to defendants …
Article • April 15, 2009
California Unlawful Arrest and Excessive Force Nets $90,000 by The City of Salinas, California paid a Daly City man $90,000 to settle his lawsuit for unlawful arrest, detention and excessive force. Maurice Goodman, an African American staff paralegal for the San Mateo County Superior Court, and coach and team president …
$16,000 Awarded in Father's Day False Arrest by On November 30, 2005, John McHenry of Delaware County, Pennsylvania was awarded $1,000 in compensatory damages and an additional $15,000 in punitive damages as a result of his civil rights suit for false arrest. On June 16, 2002, Father's Day, McHenry was …
Article • April 15, 2009
Section 2501 Imposes Jurisdictional Limitation for False Imprisonment; Claim Must Be Brought Within Six Years by The United States Court of Appeals for the Federal Circuit affirmed a lower court’s dismissal of a false imprisonment claim against the United States. Because the action was not brought within the six year …
Article • April 15, 2009
California Appellate Court: First-Degree Murderer Released After 24 Years And Four Governor-Reversals Of Grants Of Parole by The California Court of Appeal, in 2-1 decision, overruled Governor Schwarzenegger’s fourth reversal of a grant of parole for a 60-year-old female first-degree murderer after finding that her release was not supported by …
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