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Article • August 15, 2008
Filed under: Sentencing, Parole
Parole Denied After 33 Years Based on California Prisoner's Original Crimes by California Corrections Secretary James Tilton appealed a Superior Court’s reversal of parole denial to state prisoner Paul Hyde. He argued that Hyde's violent robbery and murders in 1972 and 1973 constituted "some evidence" to support the denial of …
Article • August 15, 2008
AEDPA One Year Time Limitation Applies to Denial of Parole Habeas Petition by The Eleventh Circuit Court of Appeals has held that the one-year time limitation set by the Anti-Terrorism and Effective Death Penalty Act (AEDPA) applies to challenges to a parole board’s denial of parole. The appellate court’s ruling …
Article • August 15, 2008
AEDPA One Year Time Limitation Applies to Denial of Parole Habeas Petition by The Eleventh Circuit Court of Appeals has held that the one-year time limitation set by the Anti-Terrorism and Effective Death Penalty Act (AEDPA) applies to challenges to a parole board’s denial of parole. The appellate court’s ruling …
Article • August 15, 2008 • from PLN August, 2008
Deal to Reconsider 1,000 Paroles Scotched When New York Governor Capitulates Over Cop Killer’s Case by John Dannenberg by John E. Dannenberg Faced with a pending federal class action lawsuit brought by New York state prisoners seeking relief from being denied parole based solely on the nature of their crimes, …
Article • August 15, 2008 • from PLN August, 2008
Over $6 Million Awarded in Oakland, California Parolee’s False Arrest Suit by John Dannenberg by John E. Dannenberg A federal jury awarded $6,058,000 in damages to a parolee and his girlfriend for outrageous conduct by Oakland, California city police (OPD) when they broke into his residence, told him they had …
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 …
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