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Article • February 15, 2009
California Presentence Confinement Credit Not Applicable To Time On Bail by The Ventura County (California) District Attorney (DA) appealed a 2006 award of 434 days presentence confinement credit to a state prisoner subjected to electronic monitoring on bail prior to her conviction. The award was reversed. Esther Anaya was entrusted …
Article • February 15, 2009
Ohio Pays $552,500 For 13 Years Of Wrongful Imprisonment by Ohio ex prisoner Anthony Green settled his wrongful imprisonment action against the Ohio Department of Rehabilitation and Correction for $552,500. He had been imprisoned for 13 years. Green was found guilty by a Cuyahoga County jury for rape and aggravated …
Article • February 15, 2009
California Court Security Maintenance Fee Held Retroactive, Not Punitive by California State prisoner Tracy Alford sought review of an appellate affirmation allowing the retroactive imposition of a fee in addition to his sentence. The court held that the fee was not punitive and that the Legislature clearly intended for the …
Article • February 15, 2009
California Prison Sentence Credits Based On Crime, Not Pleaded Offense by California State prisoner Damian Pacheco challenged the work time credit applied to his sentence pursuant to statutorily mandated violent crime enhancement, although he pled to a lesser offense. His state habeas corpus petition was denied. Pacheco broke a wooden …
Changes in Texas Parole Laws Violate Ex Post Facto Clause by Matthew Clarke by Matt Clarke On March 29, 2007, a federal court ruled that changes in Texas parole laws, practices and procedures violated the federal ex post facto clause when applied retroactively. Barry Michael Wion, a Texas state prisoner, …
Article • February 15, 2009 • from PLN February, 2009
Notwithstanding Federal Healthcare Receiver, California Prisoners Can Still Use State Habeas Corpus to Redress Medical Complaints by The California Court of Appeal, Fifth Appellate District, held that even though the California Department of Corrections and Rehabilitation (CDCR) was under the supervision of a court-appointed federal healthcare Receiver, state prisoners nonetheless …
Ohio Settles Actual Innocence Claim For $1,500,000 by Ohio and Ohio prosecuting officials settled a wrongful incarceration lawsuit by agreeing to pay $1,500,000 to a man who was imprisoned for 26 years after his conviction for a robbery and murder he did not commit. Gary James, 55, and his friend …
Article • February 15, 2009 • from PLN February, 2009
$1.5 Million Settlement in Alabama Probation Officer's Sex Scandal by $1.5 Million Settlement in Alabama Probation Officer's Sex Scandal A $1.5 million dollar settlement has been reached in a lawsuit claiming an Alabama probation officer raped a female probationer and made inappropriate sexual advances towards eleven other female probationers. The …
Utah Sex Offender Internet Registry Statute Violates First Amendment by Mark Wilson On September 25, 2008, a federal court in Utah enjoined the enforcement of an amended statute requiring the state’s 7,000 registered sex offenders to report all of their Internet identifiers, including user names, passwords and website addresses. In …
Article • February 15, 2009 • from PLN February, 2009
Wisconsin Claims Board Awards Almost $110,000 for Wrongful Rape Conviction, Attorney Fees by Wisconsin Claims Board Awards Almost $110,000 for Wrongful Rape Conviction, Attorney Fees In 1990, Anthony Hicks was convicted of raping a woman who lived in his apartment building. He was sentenced to 19 years in prison. Central …
Article • February 15, 2009 • from PLN February, 2009
Denial of Allocution Right on Supervised Release Resentencing Requires Remand by Denial of Allocution Right on Supervised Release Resentencing Requires Remand The Seventh Circuit Court of Appeals has reversed a federal prisoner’s sentence because an Illinois federal district court denied his right to allocution upon revocation of his supervised release …
Royer v. Jett, IN, Complaint and Jury Demand, Communications Management Unit, 2009 Case 2:09-cv-00025-WTL-DML Document 1 Filed 01/21/09 Page 1 of 22 PageID #: 1 UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF INDIANA Terre Haute Division RANDALL TODD ROYER, SEIFULLAH CHAPMAN, and SABRI BENKAHLA, Plaintiffs,1 B.R. JETT, PAUL …
Article • January 15, 2009
Nevada DOC Psych Hearings Not Exempt From Suit As Judicial Proceedings by Nevada State pro se prisoner Robert Stockmeier appealed the 2002 dismissal of his action against the Nevada Department of Corrections (NDOC) for statutory procedure violations. A closed hearing led to his parole denial after uncharged accusations were heard …
Article • January 15, 2009
Sex Offender Treatment Parole Condition For Non Sex Offense Convictions Upheld Under Plain Error Standard On Appeal by Bob Williams By Bob Williams The United States Court of Appeals for the Seventh Circuit has held a sentence containing a sex offender assessment and treatment recommendation for a non sex offense …
Article • January 15, 2009
Colorado Federal Probationers' Employer Notification Requirement Not Occupational Restriction Under USSG by Bob Williams By: Bob Williams Colorado federal probationers Ruian Du and Rachel Chavez appealed the denial of their individual requests for a stay of the 2005 application of Colorado's Employment Verification Policy (Policy). They claimed that it constituted …
Article • January 15, 2009 • from PLN January, 2009
Filed under: Sentencing, Parole
Texas Prisoners Pay Parole Consultants Hefty Fees by Many Texas prisoners seeking parole are paying large fees to attorneys acting as parole consultants, in an attempt to increase the likelihood of gaining release. In 2007, 22,364 Texas prisoners were paroled. About ten percent – or 2,168 – had hired one …
Article • January 15, 2009 • from PLN January, 2009
$3,540,402.22 Jury Award In California Wrongful Conviction Case by A California federal jury awarded $2 million to a man imprisoned 12 years for a rape/robbery he did not commit. The court also awarded him $1,368,834 in attorney fees, $6,500 in fees on fees, and $165,067.22 in costs (including $40,363.35 in …
Article • January 15, 2009 • from PLN January, 2009
PR Bonds Plummet in Harris County, Texas as Jail Overflows by Gary Hunter PR Bonds Plummet in Harris County, Texas as Jail Overflows by Gary Hunter Republican judges elected on promises to be tough on crime and the absence of federal oversight have been cited as two reasons why Houston, …
Article • January 15, 2009 • from PLN January, 2009
Michigan Escape is Not “Violent Felony” for ACCA Purposes by The Sixth Circuit Court of Appeals has held that a Michigan “failure to report” escape conviction was not a “violent felony” under 18 U.S.C. § 924, the Armed Career Criminals Act (ACCA). Anthony Collier was arrested by federal agents in …
Federal Prisoner Eligible For Community Placement Despite BOP Regulations by Bob Williams By: Bob Williams The United States Court of Appeals for the Tenth Circuit has invalidated Bureau of Prisons (BOP) community placement regulations as inconsistent with congressional intent. Florence (Colorado) Federal Correctional Institution Warden, Ron Wiley, appealed a 2006 …
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