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Article • August 15, 2008
Filed under: Cancer, Blood, Sentencing
Court Cannot Reduce Federal Prison Sentence Due to Illness by The plaintiff was diagnosed with leukemia after being sentenced to a year in prison. The court has no authority to modify his sentence to let him serve it at home. The diagnosis does not constitute newly discovered evidence that would …
Article • August 15, 2008
Denial of Social Security for Prisoners Upheld by The statutorily mandated denial of social security retirement benefits to a person convicted of a felony and serving life without parole does not violate the Ex Post Facto Clause because it is not "punishment." The court applies Hudson v. United States (1997), …
Article • August 15, 2008
Exclusion of Prisoners With Immigration Detainees from BOP Drug Treatment Program Upheld by The Bureau of Prisons had authority to promulgate a program statement that denied prisoners with immigration detainers lodged against them the ability to participate in a drug and alcohol treatment program that could result in sentence reduction. …
Article • August 15, 2008
PLRA “Three Strikes” Rule Not Ex Post Facto by The PLRA three strikes provision does not violate the prohibition against Ex Post Facto laws (citing prior decision in Rivera v Allin) At 1193: The existence of "imminent danger of serious physical injury" is not to be assessed as of the …
Article • August 15, 2008
Federal Prisoner’s 28 U.S.C. § 2255 Action for Ineffective Assistance of Counsel Denied by Michael J. Scott, a federal prisoner, was serving time for drug convictions arising in 1998. He encouraged a third person to cooperate with the government in another case and filed a motion for a sentence reduction …
Federal Prisoner Facing Deportation Has No Right to Rehabilitative Programs by Hector Jimenez, a federal prisoner facing deportation when his prison sentence was completed, filed suit in U.S. district court under 28 U.S.C. §§ 2241 and 2255, claiming that his equal protection rights were violated when prison officials denied him …
Fifth Circuit Upholds Convictions of Three INS Officers by The Fifth Circuit has upheld the convictions and sentences of three Immigration and Naturalization Service (INS) deportation officers for excessive use of force and deliberate indifference to the serious medical needs of a prisoner. Richard Gonzales, Louis Gomez and Carlos Reyna …
Article • August 15, 2008
Filed under: Sentencing, Parole
New York Court Orders Parole Board to Decide Murderer’s Parole Based Solely on Recent Prison Record; Reversed on Appeal by by John E. Dannenberg The Manhattan Supreme Court ordered the New York Division of Parole (“Board”) to release a murderer unless it came up with a valid denial reason based …
Article • August 15, 2008
Eighth Circuit Upholds Arkansas Sex Offender Registration/Residency Restrictions by Matthew Clarke by Matthew T. Clarke On July 13, 2006, the Eighth Circuit Court of Appeals affirmed the dismissal of a civil rights challenge to provisions of the Arkansas Sex Offender Registration Act, Ark. Code Ann. § 12-12-901 et seq., and …
Article • August 15, 2008
DNA Collection Statute’s Retroactive Application to Violate Federal Prisoner’s Parole Upheld by On July 23, 1998, John Reynard robbed a branch of the Bank of America in San Diego, California. On December 21, 1998 he was sentenced to thirty months in federal prison. In November of 2000 he was paroled …
Article • August 15, 2008
California Habeas Corpus Grant that Excluded “Show Cause Order” Reversed for Procedural Inadequacy by The State of California appealed a 2006 court order directing the Board of Prison Terms (Board) to reduce a prisoner's sentence and adjust her release date according to pre amended statutory sentencing provisions. The court order …
Article • August 15, 2008
Habeas Release Granted to Immigration Detainee After 3 Year Wait for Removal Proceedings by Morocco citizen Mourad Madrane petitioned pro se for a writ of habeas corpus to end his prolonged detention while awaiting deportation proceedings following his aggravated felony convictions for various access device fraud charges. The writ was …
Article • August 15, 2008
Judicial Evaluation Required Before Granting Ohio Felons’ Records Requests by Ohio federal prisoner Dennis Evans sought a writ of mandamus in state court to obtain records maintained by the Public Safety Department / Division of Police. The request, made under the Ohio Public Records Act, was denied for procedural inadequacy. …
Article • August 15, 2008
Collecting Reasonable Fees from Kansas Prisoners for Government Reimbursement Not Unconstitutional by Kansas state prisoner Michael Taylor appealed the dismissal of his 42 U.S.C. § 1983 action alleging various constitutional violations for the deduction of supervision fees from his prison account. The dismissal of his suit was affirmed. Taylor was …
Article • August 15, 2008
Washington State Prisoner Gets Life for Fight Resulting in Broken Nose by Washington State prisoner Charles Weber appealed his 2005 conviction for second degree assault resulting in a sentence of life without the possibility of parole. Although his attorney admitted to providing ineffective assistance, the court affirmed the judgment. Weber …
Article • August 15, 2008
Justification Required for Denial Under Tennessee Public Records Act by Tennessee state prisoner J. Hickman appealed the Davidson County Chancery Court's dismissal of his pro se motion to obtain documents from the Tennessee Board of Probation and Parole (Board) pursuant to the state's Public Records Act (Act), Tenn. Code Ann. …
Article • August 15, 2008
California Prisoner Wrongly Jailed for 14 Years Denied Compensation by John Tennison, a California state prisoner, was sent to prison for a 1989 murder. After nearly 14 years his conviction was vacated with a finding of factual innocence. He sued for compensation under a state law providing an award of …
California Sex Offender Registration not Constructive Custody for Habeas Purposes by David Stier, a physician and California state sex offender registrant, pled guilty to taking indecent liberties with a child in North Carolina in 2000. After Stier moved to California he completed a two-year probationary period ordered by the North …
Article • August 15, 2008
California Doesn’t Require Parole Board to Disclose Letters from Those Interested in Parole Applications by Fred Runyan, a private citizen, sued the California Parole Board (Board) in state court under Cal. Code § 1032, to compel disclosure of letters written voluntarily to the Board regarding parole applications. The trial court …
Article • August 15, 2008
Filed under: Sentencing
Washington PSIR Statements Absent Counsel Used in Appeal Warrant New Trial by Washington State prisoner Darrell Everybodytalksabout (petitioner) challenged the appellate affirmation of his murder convictions. He alleged Fifth and Sixth Amendment violations when Department of Corrections pre-sentence investigator Diane Navicky used statements made by him, absent the presence of …
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