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Eighth Circuit Affirms Summary Judgment In FOIA Case by On April 29, 2009, the U.S. Court of Appeals for the Eighth Circuit affirmed a grant of summary judgment for the FBI in a Freedom of Information Act (FOIA) suit brought by Leonard Peltier. Peltier was convicted in 1977 of murdering …
Article • December 15, 2009
California Appeals Court Reverses Grant of Habeas in Parole Case by The Court of Appeal of California, Second Appellate District, has reversed the granting of a habeas corpus petition that had alleged the Governor erred in determining a prisoner was eligible for parole. Linda Lee Smith was convicted in 1980 …
Article • December 15, 2009
California Appeals Court Upholds Grant Of Habeas Affording Parole by The Court of Appeal of California, First Appellate District, Division Two, has affirmed a grant of habeas corpus in a case challenging the Governor’s decision to overturn a grant of parole. Peter George Cooper was convicted of murdering his wife …
California Court of Appeals: Minor Misconduct "Some Evidence" Supporting Parole Denial by California Court of Appeals: Minor Misconduct "Some Evidence" Supporting Parole Denial On March 5, 2009, a California Court of Appeal held that a prisoner's receiving a minor misconduct notation (form CDC 128-A) since his previous parole review was …
Article • December 15, 2009
Court Of Appeals Remands For Redetermination Of Parole Eligibility by The Court of Appeal of California, Sixth Appellate District, has affirmed, as modified, a grant of habeas corpus relief requiring the Board of Parole Hearings to redetermine a prisoner’s eligibility for parole. P.F. Lazor was convicted in 1983 of second …
Article • December 15, 2009
Court Okays Sale Of Unabomber’s Property by The U.S. Court of Appeals for the Ninth Circuit has rejected an appeal by Theodore Kaczynski, better known as the “Unabomber,” challenging the sale and disposition of Kaczynski’s personal property that was seized during the underlying investigation into his bombings. In 2006, the …
Article • December 15, 2009
Filed under: Sentencing, Good Time, Detainers
Detainer Not Required To Receive Jail Time Credit by The filing of a detainer is not a prerequisite to receiving prior custody credit served on a related charge, the Court of Appeals of Missouri decided September 30, 2008. Carlos Mikel filed a declaratory judgment action against the Department of Corrections …
Article • December 15, 2009
Filed under: Organizing, Voting, Mandamus
Disenfranchisement Permitted By 14th Amendment Not Limited To Felonies At Common Law by The 14th Amendment to the U.S. Constitution permits states to deny felons and prisoners the right to vote, regardless of whether their offenses were felony offenses at common law, the Court of Appeal of California, First Appellate …
Article • December 15, 2009
Ex-Prisoners Acquitted for Insufficient Evidence May Not Sue Texas by On July 31, 2008, a Texas appeals court ruled that persons who were convicted of a crime, spent time in prison while awaiting appeal, but were acquitted due to insufficient evidence on appeal, were not entitled to sue the State …
Article • December 15, 2009
Filed under: Sentencing
Denial of Allocution During Supervised Release Resentencing Requires Remand by The Seventh Circuit Court of Appeals has reversed a federal prisoner’s sentence because an Illinois federal district court denied him the right to allocution upon revocation of his supervised release and imposition of a new sentence. Bernard J. O’Hallaren, III, …
TDCJ Pays $45,000 to Settle Discrimination Complaint by On June 30, 2005, the Texas Department of Criminal Justice entered into a settlement agreement with employee Gary Walls. The settlement is the result of discrimination complaints filed by Walls with the Texas Workforce Commission and the Equal Employment Opportunity Commission. To …
TDCJ Pays $45,000 to Settle Sexual Harassment Claim by On March 3, 2005, the Texas Department of Criminal Justice agreed to pay $45,000 to Bethaney Clopp and her attorney, George Chandler, PC, to settle a civil action alleging a "sexually hostile work environment and retaliation." The case was brought under …
TDCJ Pays $95,000 to Settle Discrimination Suit by On October 28, 2008, the Texas Department of Criminal Justice (TDCJ) agreed to pay former employee, Karon K. Connelly, $41,524.38 to settle a discrimination suit she had filed in May 2003. In addition to that amount, TDCJ is to pay $38,000 in …
TDCJ Pays $267,000 to Settle Discrimination Claim by On September 15, 2005, the TDCJ agreed to pay a total of $267,500 to Melissa Roberts to settle a complaint she filed with the U.S. Equal Employment Opportunities Commission (EEOC) under Title VII of the Civil Rights Act of 1964. Represented by …
Article • December 15, 2009
TDCJ Pays $100,000 to Settle MVA Personal Injury Case by On May 28, 2004, the TDCJ agreed to pay a $100,000 settlement to Linda Holcomb for injuries she suffered in a motor vehicle accident on November 14, 2001 involving her and TDCJ employee, Rickey Neeley. Represented by Palestine, Texas attorney …
Article • December 15, 2009
TDCJ Settles MVA Personal Injury Suit by On April 8, 2005, an undisclosed settlement was reached in a personal injury suit filed against the Texas Department of Criminal Justice (TDCJ) and Department employee, Ronald Babic. Represented by Texas City attorney Russell G. Burwell III of Burwell, Burwell, & Nebout, LLP, …
TDCJ Settles Race Discrimination Suit Following Denial of Sovereign Immunity by On May 20, 2004, a Texas appellate court denied an appeal filed by the Texas Department of Criminal Justice (TDCJ) after a district court denied a motion for summary judgment and another for sovereign immunity in a race discrimination …
Article • December 15, 2009
Washington Jail’s Good Time Certification Based on Time in Jail, Not Court’s Award of Time Served by In dismissing a personal restraint petition, Division One of the Washington State Court of Appeals discussed the law involving the certification and award of good time by a county jail to the Department …
Article • December 15, 2009
Washington Prisoner’s Privacy Rights Not Violated by Recording Jail Phone Calls by Division One of the Washington State Court of Appeals has held that recording a prisoner’s jail telephone conversations does not violate privacy interests under the Washington Constitution, article 1, section 7. Before the Court was the appeal of …
Article • December 15, 2009
Washington State Community Custody Term Must Be Served in Community by Division Two of the Washington State Court of Appeals has held that a sex offender who served an excessive sentence is not entitled to credit for the illegal time served toward his community custody term. Cliff Alan Jones pled …
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