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Article • October 15, 2006 • from PLN October, 2006
Florida Gain Time Revocation Clarified by Florida's First of District Court of Appeal has held that a prisoner serving a split sentence where one of the crimes occurred before the effective date of a statute authorizing forfeiture of gain-time upon revocation of probation prohibits imposing a sanction. Before the Court …
Article • August 15, 2006 • from PLN August, 2006
Filed under: Sentencing, Good Time
California Supreme Court Resolves Conflict From Concurrent Sentences With Different Credit Earning R by John Dannenberg California Supreme Court Resolves Conflict From Concurrent Sentences With Different Credit Earning Rates by John E. Dannenberg The California Supreme Court held that when a prisoner is sentenced to two concurrent prison terms, the …
Article • July 15, 2006 • from PLN July, 2006
Filed under: Sentencing, Good Time
Fifth Circuit Joins Four Others in Denying Prospective BOP Good Time Credits by The Fifth Circuit Court of Appeals dismissed a federal prisoners habeas corpus petition seeking advance good time credits because the claim was not ripe. The appellate court further opined that even if it were ripe, a reasonable …
Article • April 15, 2006 • from PLN April, 2006
California Probationers and Parolees Not Similarly Situated As To Eligibility For Prop. 36 Drug Tr by John Dannenberg California Probationers and Parolees Not Similarly Situated As To Eligibility For Prop. 36 Drug Treatment by John E. Dannenberg The California State Supreme Court held that Equal Protection claims as to parolees …
Washington S.Ct. Upholds Persistent Prison Misbehavior Statute by In a 54 decision, the Washington State Supreme Court upheld a law that makes it a felony for a Washington prisoner to commit a serious prison infraction after losing all potential earned early release credits. The majority concluded that the statute was …
Article • November 15, 2005 • from PLN November, 2005
Maryland Prisons MisCalculate Half of All Prisoner Release Dates by by David M. Reutter Up to one half of all Maryland prisoners early release dates at two prisons were erroneous, concluded a report by the Maryland Office of Legislative Audits. The report declined to identify the two prisons it audited, …
Article • October 15, 2005 • from PLN October, 2005
Denial of New Jersey Work Credits Violates Equal Protection by A New Jersey appellate court held that denying work credits to prisoners serving concurrent New Jersey sentences in other states violates the equal protection clause of the New Jersey Constitution. On February 11, 1978, Charles VanWinkle began serving a seventeen …
Article • October 15, 2005
Filed under: Sentencing, Good Time
Indigent Montana Detainee Entitled to Jail Good Time Credit by The Montana Supreme Court held that a prisoner awaiting revocation of his suspended sentence is entitled to be credited for good time for the time served in a county jail if the prisoner is unable to secure bond for no …
California Muslims' Prayer Attendance And Religious Beard Injunction Made Permanent; $289,011 Awarded in Fees by California Muslims' Prayer Attendance And Religious Beard Injunction Made Permanent; $289,011 Awarded in Fees by John E. Dannenberg The U.S. District Court (E.D. Cal.) granted summary judgment and entered a permanent injunction (PI) against the …
Court Orders Washington DOC to Stop Dragging Its Feet on Sex Offender Release Plans by Hank Balson Court Orders Washington DOC to Stop Dragging Its Feet on Sex Offender Release Plans by Hank Balson The Washington Court of Appeals ruled in May that the state's Department of Corrections (DOC) has …
Ohio Appeals Court Upholds $7,820 Award for 70 Days Unlawful Incarceration by By Robert H. Woodman The Tenth District Court of Appeals of Ohio upheld a $7,820 damages award by the Ohio Court of Claims to Alton M. Stroud, a prisoner of the Ohio Department of Rehabilitation and Correction (DORC). …
Article • April 15, 2005 • from PLN April, 2005
BOP Good-Time Statute Upheld By Three Circuits by by John E. Dannenberg The Seventh Circuit U.S. Court of Appeals reversed a U.S. District Court ruling that had accorded BOP prisoners 54 days good-time credit per year, holding instead that the maximum credit available is only 47 days per year. In …
Article • March 15, 2005 • from PLN March, 2005
Filed under: Sentencing, Good Time, Probation
Five Florida Cases Remanded for Award of Jail or Prison Credits by Florida's Second and Fifth District Courts of Appeals have remanded five separate cases for the award of jail or prison credit. Each case was filed under Florida Rules of Criminal Procedure 3.800(a) alleging illegal sentences were imposed for …
Article • November 15, 2004 • from PLN November, 2004
Texas Court of Criminal Appeals Clarifies Law Crediting "Street Time" by by Matthew T. Clarke The Texas Court of Criminal Appeals has recently clarified the meaning of the recent statute allowing the award of parole "street time" credits for prisoners convicted of non-violent crimes. Lucian Lee Spann and Andrew Michael …
Article • September 15, 2004 • from PLN September, 2004
BOP Good Time Credits Must Be Calculated Against Sentence, Not Pro-Rated to Time Served by John E Dannenberg BOP Good Time Credits Must Be Calculated Against Sentence, Not Pro-Rated To Time Served by John E. Dannenberg The U.S. District Court (W.D. Wisc.) held that good time credits available to federal …
Article • September 15, 2004 • from PLN September, 2004
Filed under: Sentencing, Good Time, Parole
Texas Prisoners Have Right to Specific Notice of Mandatory Supervision Hearing by by Matthew T. Clarke On May 19, 2004, the Texas Court of Criminal Appeals (CCA) issued a revised opinion holding that a prisoner being considered for denial of mandatory supervision release has the right to specific notice of …
Article • August 15, 2004 • from PLN August, 2004
California Credit Restoration Denial Ruled Ex Post Facto by John E Dannenberg by John E. Dannenberg The U.S. District Court (E.D. Cal.) granted a writ of habeas corpus because it found the denial of earned restoration of a California state prisoner's disciplinary-based credit loss to be unconstitutionally retroactive. The Ninth …
Pro Se Tips and Tactics by John Midgley The Supreme Court recently decided another in a series of cases about when prisoners can sue directly under 42 U.S.C. § 1983, versus when they must first employ habeas corpus proceedings, to challenge actions by prison officials. The difference is very important …
Article • June 15, 2004 • from PLN June, 2004
Filed under: Sentencing, Good Time
D.C. Prisoners Serving Life Sentences Have No Right to Earn Good Time Credits on Maximum Terms by The United States Court of Appeals for the District of Columbia recently held that prisoners serving life sentences with the possibility of parole have no right to earn good time credits on their …
Article • June 15, 2004 • from PLN June, 2004
Unearned Good Time Credits May Not Be Withheld as Disciplinary Sanction by Bob Williams Unearned Good Time Credits May Not Be Withheld As Disciplinary Sanction by Bob Williams The West Virginia Supreme Court of Appeals has held that a state prisoner may not lose more good time credits as a …
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