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Unlocking America, Why and How to Reduce America’s Prison Population, The JFA Institute, November 2007, 32 pp. by John Dannenberg Reviewed by John E. Dannenberg Unlocking America is a study on how to approach the task of reducing America’s prison population (“decarceration”) without compromising public safety. Key factors recommended to …
Article • August 15, 2008 • from PLN August, 2008
Ohio DNA Specimen Law Ruled Not Retroactive by The Ohio Supreme Court held that a state law requiring convicted felons and some misdemeanants to provide DNA specimens could not be applied retroactively to offenders placed on supervised release before the law’s May 2005 effective date. On August 6, 2002, Craig …
Exonerated Montana Prisoner Sues State, Receives $3.5 Million by In January 2008, the state of Montana settled a lawsuit filed by a former prisoner who had been wrongfully convicted of raping a child, paying him $3.5 million. The settlement was the largest amount the state had ever paid for a …
Article • August 15, 2008
Fifth Circuit: Suit Cannot be Dismissed for Following Form’s Instructions; Allegations of Retroactive Negative Changes in Texas Parole Law States Claim by by Matthew T. Clarke On December 12, 2006, the Fifth Circuit Court of Appeals held that a prisoner’s lawsuit could not be dismissed for failing to list supporting …
Article • August 15, 2008
Parole Revocation Invalidated Due to Multilayered Hearsay Testimony by A District of Columbia federal district court denied a habeas corpus petition filed by prisoner Charles Singletary, who then appealed. The U.S. Court of Appeals for the District of Columbia held that Singletary’s parole revocation could not be based upon multilayered …
Article • August 15, 2008
Remote Sex Conviction Cannot Support Sex Offender Treatment Condition by The Sixth Circuit Court of Appeals has held that a 17-year-old conviction was too remote in time to warrant a special supervised release condition mandating sex offender treatment, but left open whether a more recent stalking conviction warranted imposition of …
Challenge to Out of State Transfer Can Be Filed As Habeas by The plaintiff sought an order barring his transfer to an out of state private prison. The court dismissed his petition as an improper habeas action, but now grants reconsideration, since it realizes that this is not a second …
BOP Good Time Rule Upheld by Fourth Circuit by The Bureau of Prisons' regulation stating that convictions involving the use or possession of firearms were not "nonviolent offenses" entitling prisoners to early release if they successfully completed drug treatment programs was not unreasonable, and the program statement in which it …
Article • August 15, 2008
“Discretionary Function Immunity” Inapplicable to Alaska PO Duties by The Alaska Supreme Court has held that a parole officer’s day-to-day supervisory activities related to parolees are operational duties which are not entitled to discretionary function immunity. On November 23, 1996, Alaskan prisoner Calvin McGrew was released on parole. He was …
Article • August 15, 2008
California Sex Offender Parolee’s Computer Restrictions Valid Where Computer Use was Related to Past Crimes by by John E. Dannenberg The California Court of Appeal has held that a “no-computers” condition of parole for a parolee convicted of lewd conduct with a minor was appropriate where the parolee had had …
Production Denial Of California Investigative Jailhouse Informant Misuse Documents Ordered Reviewed by Ex California State prisoner Thomas Goldstein sought review of an order denying him grand jury investigative evidentiary materials for use in his 42 U.S.C. § 1983 action for wrongful conviction. The materials had a direct relationship to his …
Court Rejects Disciplinary Habeas on Merits, Despite Time Bar by The plaintiff's habeas challenge to a disciplinary proceeding is time-barred under AEDPA, since the proceeding was concluded in 1997 and the plaintiff missed the one-year grace period provided by the statute. The court finds no authority supporting a requirement that …
Article • August 15, 2008
Suit Challenging Massachusetts Parole Procedures Dismissed by Prisoners' claim that a state parole statute is unconstitutionally vague and that the parole board denies due process by allowing crime victims and their families to speak at parole hearings while refusing to permit the plaintiffs' families and friends to be heard need …
Kansas DOC Restrictions on Thelema Religion Upheld by The plaintiff complained of restrictions on his religious practice as a follower of the First Hermetic Order of Thelema, a religion founded in 1904 by Aleister Crowley. Prison officials recognized the religion and arranged for a visit from Thelemic clergy from the …
Article • August 15, 2008
Drug Tampering Conviction Bars BOP Good Time Award by Tampering with a consumer product with reckless disregard for risk of death or bodily harm could reasonably be determined to be a "crime of violence" precluding early release for completion of a drug rehabilitation program. The petitioner so precluded from the …
Parole Denial for Lack of Sex Offender Treatment Upheld by The plaintiff, a convicted sex offender, was denied parole inter alia because he failed to participate in mental health counseling or sex offender treatment. Later he refused to agree to a program plan which would have remedied those lacks. Then …
Article • August 15, 2008
Arkansas Chief Probation Officer's Termination Suit Settles for $32,500 by Former City of Searcy, Arkansas chief probation officer Denny Bishop brought suit against the city after being terminated when he voiced opposition to allegedly discriminatory employment practices. The suit was settled out of court for $32,500. Bishop filed the lawsuit …
Article • August 15, 2008
Ninth Circuit: Retroactive Blakely Relief Unavailable on Habeas Corpus, Only on Timely Certiorari by by John E. Dannenberg The Ninth Circuit U.S. Court of Appeals held that a state prisoner virtually identically situated as in Blakely v. Washington, 124 S.Ct. 2532 (2004) (sentence may not be enhanced by facts not …
Article • August 15, 2008
Second-Degree Escape Considered Violent for ACCA Sentence Enhancement Purposes by Tennessee federal prisoner Collis Lancaster, Jr., appealed his sentence enhancement under the Armed Career Criminal Act (ACCA) after the court classified a prior second-degree escape in Kentucky as a violent offense. His sentence was affirmed because an escape was considered …
Article • August 15, 2008
Escape From Jail or Prison Categorically Constitutes Crime of Violence by Montana federal prisoner Shane Savage appealed a sentence enhancement for a prior escape from a state jail that was used to calculate his current sentence. The enhancement was confirmed because the escape categorically constituted a crime of violence under …
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