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Tenth Circuit Applies Harmless Error in Prison Discipline by The Tenth Circuit Court of Appeals held that precluding a prisoner from presenting witness testimony at a prison disciplinary proceeding was harmless error. Kansas prisoner Patrick Grossman was charged with inciting a riot in relation to a December 21, 2002 incident …
Article • July 15, 2008
King County Washington Prisoner Gets over $3,100 for False Imprisonment by Terry Sybil, a King County, Washington prisoner, served 10 days in the county jail on a bench warrant, but the warrant wasn't recalled. He was later arrested and held for 27 1/2 hours on the same warrant and sued …
Article • July 15, 2008
Mistakenly Released Washington Jail Prisoner Kills Woman; Estate Wins $1,525,000 in Lawsuit by Lloyd Monroe, a state prisoner in the Whatcom County, Washington jail for no-contact order violations, was mistakenly released. A couple of days later he raped and killed Michelle Smith, the woman who the no-contact order was supposed …
Article • July 15, 2008
Texas Act Requires Compelling Reasoning for Nondisclosure of Requested Prisoner Information by The Office of the Attorney General (AG) of the State of Texas opined the legal parameters regarding the release of prisoner information by the Texas Department of Criminal Justice (TDCJ). The opinion is in accordance with the State's …
Virgin Islands Prison Ordered Revamped After Ignoring Court's Warnings by U.S. District Court Judge Warren Young ordered change-at the Golden Grove Adult Correctional Facility (GGACF) in St. Croix, Virgin Islands. The court's original recommendation spurred by numerous complaints was ignored, leading to a persuasive Memorandum Opinion and accompanying order in …
Article • July 15, 2008
South Carolina Prisoners' Furlough Eligibility Prior To 1993 Amendment Grand-fathered by South Carolina State Corrections and Parole entities appealed a judgment entitling prisoners within six months of release to participate in a furlough program. The program's eligibility requirements were changed by a 1993 statutory amendment. The court affirmed the judgment. …
Article • July 15, 2008
Arizona AG Defined Parole Board's Records Retention And Disposal Requirements by The Arizona Attorney General (AG) opined the parameters for the Board of Pardons and Paroles (Board) retention and disposal of meetings and hearings recordings, audio tapes and written minutes, and prisoner files after the conclusion of parole. AG Bob …
Sex Offenders Set Up Camp in Miami Florida: The Julia Tuttle Causeway Becomes a Colony. Politicians Pass the Buck. by Isaiah Thompson Another one showed up last night. Around 10 — just before curfew — a car rolled in under the bridge and the newcomer got out with his wife. …
Article • June 15, 2008 • from PLN June, 2008
Dallas County, Texas, Criticized for Offering Probation to Murder Defendants by Michael Rigby According to a Dallas Morning News article published on November 10, 2007, Dallas County, Texas, leads the state in the number of probation deals it hands out to murder defendants. The highly critical five-part series implies that …
Junk Bonds to Junk Science? Drug Treatment Program Questioned by Greg Dober by Gregory Dober What was worth approximately $554 million in 2007 and is valued at about $94 million today? The correct answer is the stock market value of a firm formerly known as Alaska Freightways Inc., a shell …
33,000 California Prisoners May Need Credits Recalculated Due To Retroactive State Court Decisions by John Dannenberg by John E. Dannenberg Three recent California court decisions interpreting California’s sentencing laws have spawned a need for the California Department of Corrections and Rehabilitation (CDCR) to recalculate the release dates of an estimated …
Article • June 15, 2008 • from PLN June, 2008
Innocent California Prisoner Freed After Nine Years; Paid $1 Million by An innocent man sentenced in 1995 to 27 years for raping and kidnapping a 13-year-old girl was freed by the California Innocence Project after serving 3,280 days in prison. In his subsequent suit for wrongful incarceration, he received $1 …
Georgia’s Sex Offender Residency Restriction Unconstitutional; Work Restriction Approved by The Georgia Supreme Court has declared that a state law that prohibits registered sex offenders from residing or loitering at a location that is within 1,000 feet of any childcare facility, church, school or area where minors congregate (the “residency …
Article • June 15, 2008
Montana Prisoners Entitled to Review Parole Files by Several Montana state prisoners sued the state board of pardons and parole (Board) in state court to compel disclosure of their parole files. The trial court dismissed, and the prisoners appealed. On appeal, the Montana Supreme Court found that there were no …
Article • June 15, 2008
FBI Informant Sues for 110 Days False Imprisonment in Oregon Prison by An FBI informant is suing the Oregon Department of Corrections (ODOC) for holding him 110 days past his release date. In the late 1970s, Jack Rowlands gained notoriety by planting a bomb at Portland International Airport, in a …
My Space Becomes “No Space” for Online Sex Offenders by David Reutter My Space Becomes "No Space" for Online Sex Offenders by David M. Reutter After online social networking giant MySpace.com, under pressure, disclosed on July 24, 2007 that it had purged 29,000 sex offender profiles from its website, state …
Article • May 15, 2008 • from PLN May, 2008
Filed under: Sentencing, Habeas Corpus
Habeas Hints: Amending Petitions by Kent A. Russell This column is intended to provide ?Habeas Hints? to prisoners who are considering or handling habeas corpus petitions as their own attorneys (?in pro per?). The focus of the column is on habeas corpus practice under AEDPA, the 1996 habeas corpus law …
Article • May 15, 2008
BOP Authority to Revoke Good Time for Pre-Conviction Drug Test Upheld by The plaintiff had a bad urine test after conviction but before sentence on federal charges and lost 27 days good time, to become effective when he was sentenced. At 1157: "Pretrial detainees may not be punished by prison …
Article • May 15, 2008
No Due Process Violation for Holding Sex Offender Past Release Date by The plaintiff, a convicted sex offender, was not released until three months after his conditional release date because his residence was not approved until then. The requirements for approval were formalized only one day before his CR date. …
Article • May 15, 2008
Heck Bars Parole Challenge Absent Habeas Relief by Under Heck v. Humphrey and progeny, the plaintiff cannot challenge his parole revocation via 1983 or 1985 without first obtaining relief in a state forum or via federal habeas corpus. The court observes that a majority in Spencer v. Kemna said that …
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