Skip navigation

Search

4195 results
Page 128 of 210. « Previous | 1 2 3 4 ... 124 125 126 127 128 129 130 131 132 ... 206 207 208 209 210 | Next »

Article • August 15, 2008
Filed under: Sentencing, All Writs Act
Federal Courts Lack Authority to Expunge Valid Convictions by The Third Circuit Court of Appeals upheld a lower court’s decision that it lacked jurisdiction to expunge criminal convictions pursuant to its inherent power to order equitable relief, or pursuant to the All Writs Act. David Rowlands, a New Jersey public …
Article • August 15, 2008
ID Prisoner's State Habeas Action Properly Dismissed Without Appointing Counsel by Kenneth Quinlan, an Idaho state prisoner, was sentenced to life on a 1973 murder conviction. He was paroled in 1985 and his parole was revoked in 1994. At the time of his conviction the parole board had to consider …
Article • August 15, 2008
OH PRA Requires Prisoners to Obtain Court Order Finding that Requested Records are Necessary to Support Valid Claim by Robert Russell, an Ohio state prisoner, filed a mandamus action in state court to compel police to provide him with copies of offense and incident reports in his criminal case, pursuant …
Brief • July 22, 2008
Filed under: Overdetention
Robinson v Holder, NY, Opinion and Order, overdetention, 2008 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ----------------------------------------X : : CHRISTINE ROBINSON, Administratrix of : the Estate of CHARLES ROBINSON : (Deceased), and CHRISTINE ROBINSON, : Individually, : Plaintiffs, : : -v: : CAMPBELL HOLDER and CAMPBELL HOLDER & …
Article • July 15, 2008 • from PLN July, 2008
PEW Public Safety Report: Prisoncrats Abuse Their Probation/Parole Violation Powers So As To Stymie Offenders’ Re-entry Into Society by Marvin Mentor A November 2007 national study by the PEW Public Safety Performance Project concluded that the policy of returning parolees and probationers to custody for other than new offenses has …
Compassionless Conservative Texas Judge Closes Court Promptly, Ensuring Execution by Matthew Clarke by Matt Clarke Sharon Keller, 54, presiding judge of the Texas Court of Criminal Appeals, has come under sharp criticism for refusing to keep the court open twenty minutes past its usual closing time to permit a late …
Article • July 15, 2008 • from PLN July, 2008
Out-going Kentucky Governor Issues 101 Pardons, Commutations by David Reutter In December 2007, during his last hours in office, out-going Kentucky Gov. Ernie Fletcher made state history by issuing 101 sentence commutations or pardons. While some of those acts of executive clemency appear to be meritorious, others smack of cronyism. …
Article • July 15, 2008 • from PLN July, 2008
California Juvenile Parolees Entitled to Two-Step Revocation Process by John Dannenberg by John E. Dannenberg The U.S. District Court for the Eastern District of California has held that the rights of California juvenile parolees were violated by the single-hearing revocation process used by the Juvenile Parole Board (JPB). Nevertheless, the …
CCA Fined $140,000 for Early Release of Prisoners at FL Jail; Quits Contract by The nation’s largest private prison firm, Corrections Corporation of America (CCA), has once again upset county officials by repeatedly failing to control vital jail operations. The company responded by discontinuing its contract to operate the facility. …
Article • July 15, 2008 • from PLN July, 2008
Change in Texas Parole Law May Be Ex Post Facto Violation by Matthew Clarke by Matthew T. Clarke The Fifth Circuit Court of Appeals has held that a change in Texas parole laws requiring a two-thirds majority vote of the entire board for certain prisoners may violate the Ex Post …
Article • July 15, 2008
Washington Community Correction Officer’s Failure to Manage Caseload Merits Dismissal by The State of Washington Personnel Appeals Board (PAB) has held that dismissal is the proper sanction for a Community Correctional Officer who demonstrated a continued pattern of being unable to demonstrate she had the necessary skills or judgment to …
Article • July 15, 2008
North Carolina Liberty Denying Treatment Program Ruled Statutorial Confinement; Prisoner's Time Credited by North Carolina State prisoner William Hearst petitioned for review of an appellate affirmation denying him 81 days credit for treatment program confinement. The affirmation was reversed and remanded to credit the 81 days, Hearst pled guilty for …
8th Circuit Upholds Dismissal of False Imprisonment Action by The Eighth Circuit Court of Appeals upheld a lower court’s grant of summary judgment to Defendants on a false imprisonment claim. On January 2, 1983, James Buckley was murdered in St. Louis, Missouri. Ellen Maria Reasonover came forward as a witness …
Article • July 15, 2008
Filed under: HIV/AIDS, Sentencing, Probation
New York Court’s Probation-Due-to-AIDS Compassionate Sentence Reversed by New York Court's Probation-Due-to-AIDS Compassionate Sentence Reversed On October 4, 1991, a New York appellate court reversed the compassionate sentence of probation given to a prisoner infected with HIV and just before the onset of AIDS. Sandra Clark, a New York defendant, …
Article • July 15, 2008
New York Parolee Can Be Subject to Living/Contact Special Condition by New York’s Supreme Court, Appellate Division, has held that a parole officer had authority to impose a special condition that prohibited a parolee from living with or contacting a “virtual stranger.” The prisoner, Steven Dickman, sought to live with …
Article • July 15, 2008
Oregon Law Requires Disclosure of Some Parole Records by A former Oregon State prisoner, identified only as Turner, sued the state Department of Corrections (DOC) in state court under state Public Disclosure Law (PDL), Ore. Rev. Stat. 192.410 et seq., to compel disclosure of his parole file. The trial court …
Article • July 15, 2008
After Convictions Final, Prisoners Records Subject to Florida’s Public Records Law by The Florida Supreme Court has held that the state attorney and other state agencies must disclose records pertaining to a defendant’s case upon the conviction and sentence becomes final. The disclosure comes under the requirements of Florida’s Public …
Article • July 15, 2008
US Parole Restrictions on Computer Access Reversed by The Ninth Circuit Court of Appeals has vacated portions of a district court’s order of supervised release that it found were unnecessary deprivations. Between December 2002 and mid-January 2003, Thomas Sales used his scanner and printer to make counterfeit $20 bills. Following …
Article • July 15, 2008
Filed under: Sentencing, Parole
One Dollar Awarded Pennsylvania Prisoner For Arbitrary Parole Denial by Pennsylvania State prisoner Alex Davis brought a 42 U.S.C. § 1983 action against personnel at SCI-Graterford prison in 2003 claiming deprivation of rights. He alleged due process violation for arbitrary parole denial. The jury awarded him one dollar. Davis sold …
Article • July 15, 2008
West Virginia Prisoners Can’t use State FOIA for Discovery in State Habeas Actions by Roger Wyant and Lorenzo Valentine (Prisoners), both West Virginia state prisoners, challenged their criminal convictions through state Habeas Corpus actions. They sued in State Court to compel a county clerk to provide them with court documents …
Page 128 of 210. « Previous | 1 2 3 4 ... 124 125 126 127 128 129 130 131 132 ... 206 207 208 209 210 | Next »