Skip navigation

Search

4220 results
Page 124 of 211. « Previous | 1 2 3 4 ... 120 121 122 123 124 125 126 127 128 ... 207 208 209 210 211 | Next »

Article • January 15, 2009
ACLU Says Federal Death Penalty Prosecutions Racially Biased by Bob Williams By: Bob Williams The American Civil Liberties Union (ACLU) alleged that racial disparities exist surrounding the implementation of the federal death penalty (FDP). They claim that United States Attorney Generals (AG) Reno, Ashcroft and Gonzales seek the FDP for …
Article • January 15, 2009
Unnecessary Delay Of Probation Revocation Proceeding Unjustified Absent Timely Warrant by United States prisoner Randall Crisler appealed the revocation of his probation for violating it's conditions. The delayed revocation was ordered after his probation expired and his supervised release was ordered terminated by the appellate court. Crisler was sentenced to …
Article • January 15, 2009
Death Sentence Substantiated By Psychologist's Court Ordered Testimony Of Confidential Statements by Arizona State prisoner Donald Beaty appealed a court's use of confidential statements in his capital punishment proceeding that he made to a psychologist. The court ruled that his statements were voluntary as was his presence in the group …
Illinois War Veteran Awarded Over $2 Million For Malicious Prosecution by Illinois resident and retired Marine Timothy Finwall brought a 42 U.S.C. § 1983 action against the City of Chicago, two of its detectives and resident Mary Boswell for illegal, unethical and malicious prosecution. He was framed in 2001 for …
California Act Requires Three Drug Abuse Violations Before Parole, Probation Revocation by California State prisoner Barry Hazle appealed his probation revocation for drug abuse violations that sent him to prison. His third revocation petition alleged violations occurring prior to his second. The court reversed the incarceration ruling. Hazle pled guilty …
Article • January 15, 2009
New York Ex Parolee's Discharge Reversed For Restitution Determination by Sullivan County (New York) District Attorney Stephen Lungen petitioned to vacate and reverse the State Division of Parole's (DOP) discharge of ex parolee Kera Peters. An increased restitution order was inadvertently not applied and her discharge precluded its payment. The …
Residence Restriction On Federal Prisoner's Supervised Release Deemed Necessary by Federal Prisoner and American Indian Sheldon Alexander appealed a supervised release condition requiring him to reside in Grand Rapids, Michigan. It was implemented to isolate him from past influences and was ruled necessary to protect the public. Alexander's confessed alcohol …
Article • January 15, 2009
Federal Court Orders California Parole Board to Set Lifer’s Term; Reversed on Appeal by by Marvin Mentor The U.S. District Court for the Northern District of California ordered the state Board of Parole Hearings (BPH) to fix a term within 30 days for a second-degree murderer who had been denied …
Article • January 15, 2009
California Appellate Court Affirms Parole for Lifer Over Governor’s Objection by by John E. Dannenberg The California Court of Appeal, Second District, Division 6, affirmed a superior court’s ruling that had overturned Governor Arnold Schwarzenegger’s reversal of a favorable parole decision for a second-degree murderer. Applying an “especially close scrutiny” …
Substandard Pretrial Confinement Conditions Justify Downward Sentence Variance by by David M. Reutter A New Jersey federal district court has granted a downward variance to a federal prisoner’s sentence on the grounds that to do otherwise, when considering the pretrial conditions of confinement, would constitute excessive punishment. The court’s ruling …
Article • January 15, 2009
Illegal Alien Not Required to Submit Dual Parole Plans in California by California's First District Court of Appeals has held that a prisoner is not required to prepare a parole plan for both California and a country he will be deported to if there is a conclusive presumption that he …
Article • January 15, 2009
Oregon DNA Law Not Unreasonable Search and Seizure by Oregon’s highest court has held that the state’s DNA law does not violate state or federal constitutional prohibitions against unreasonable searches and seizures. In 2003, Travis Sanders was convicted of a felony and sentenced to an 18-month term of probation. Pursuant …
Article • January 15, 2009
No Liberty Interest in DC Parole by The Seventh Circuit Court of Appeals held that a District of Columbia (DC) prisoner did not have a liberty interest in parole, and that his denial of parole and 36-month parole set-off were not arbitrary. In 1999, Joseph Thompson was convicted in the …
Article • January 15, 2009
California Appellate Court: “No Evidence” Supported Parole Denial for Triple Murderer by by John E. Dannenberg The California Court of Appeal has granted a habeas corpus petition filed by a triple murderer who was denied parole based upon the severity of his offenses, because his 29-year prison record showed no …
Article • January 15, 2009
L.A. Documents Ordered Produced Regarding False Arrest And Prosecution by California State resident Raul Ramirez sought production of documents pertaining to his unlawful arrest and prosecution of a crime he was subsequently acquitted. The documents were for use in his 42 U.S.C. § 1983 action and were ordered produced with …
Article • January 15, 2009
Non Violent Felons' DNA Collection On Supervised Release Held Constitutional by Federal supervised releasee Thomas Kriesel, Jr., appealed the collection of his DNA pursuant to statutory amendments enacted after his conviction. The DNA collection was upheld. Kriesel pled guilty to methamphetamine distribution in 1999 and received 30 months incarceration and …
Article • January 15, 2009
Third Circuit Bars § 1983 Action For Untimely Release Under Heck by Pennsylvania state ex prisoner Hozay Royal appealed the 2004 dismissal of his 42 U.S.C. § 1983 action after being released six months past his mandatory release date. The dismissal was affirmed because the action was barred under Heck …
Article • January 15, 2009
Remedy for Failure to Give California Parole Violator Timely Revocation Hearing is Release from Custody by by John S. Dannenberg The California Court of Appeals has held that when a parole violator is denied a timely revocation hearing that comports with the due process protections set forth in Valdivia v. …
Article • January 15, 2009
100 Year Probation And Sex Offender Registration Stay Reversed As Erroneous by The State of Wisconsin appealed a court's reduction of the terms of sentencing imposed on Samuel Roloff after he pled to three felony and three misdemeanor charges of sexual activity with underage girls. His reduction to a 100 …
Article • January 15, 2009
California Thwarts Due Process In "Medically Disordered Offender" Post Release Commitment Trial by California Mentally Disordered Offender (MDO) Roy Cobb, Jr., appealed a court order, imposed after his statutory release date, committing him to the state hospital. The order was affirmed because Cobb was put on notice prior to his …
Page 124 of 211. « Previous | 1 2 3 4 ... 120 121 122 123 124 125 126 127 128 ... 207 208 209 210 211 | Next »