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Article • January 15, 2008
Prisoner Cannot Sue BOP Under Privacy Act by Gabriel Scaff-Martinez, a federal prisoner, filed suit against the United States Bureau of Prisons (BOP) pursuant to the Privacy Act, 5 U.S.C. § 552a(d), (e)(5) and (g), alleging that the BOP had failed to maintain accurate records, expunge false information from his …
Article • January 15, 2008
Once Court Orders Arrestee Held, Police Have No Duty to Investigate Mistaken Identity by The Seventh Circuit Court of Appeals has held that once an arrested person has been brought before a court and ordered held, law enforcement has no duty to verify claims of mistaken identity. Chicago police stopped …
Oklahoma Discipline Vacated Following Ruling in Gamble; No Evidence Violates Due Process by The Tenth Circuit Court of Appeals held that an Oklahoma prisoner was denied due process of law when he was punished in the absence of evidence to support the disciplinary violation. Oklahoma prisoners "are required to keep …
Article • January 15, 2008
Right to Know Act Not Need Based, Only Statutory Definitions Required by Pro se Pennsylvania state prisoner Christopher Neyhart appealed the State Department of Corrections' (DOC) refusal to produce for inspection his urinalysis reports to prove his parole revocation was unfounded. The court held that Neyhart did not set forth …
Article • January 15, 2008
Filed under: Sentencing, Parole
California Lifer Entitled to New Parole Hearing, but Not Limited to Just “New Evidence” by California Lifer Entitled to New Parole Hearing, but Not Limited to Just "New Evidence" by Marvin Mentor The California Court of Appeal, 6th District, agreed with the superior court below that a lifer who had …
Article • January 15, 2008
Commutation Decision, Not Reasoning, Discloseable Under Act in Board of Pardon's Denial by Pennsylvania state prisoner Frank Senk sought review of the Board of Pardon's (Board) refusal to produce files related to the Board's continuous denial of his application for commutation. The court ruled that disclosure of the requested documents …
Article • January 15, 2008
Fed Prisoner's Non-Custodial Escape was a Crime of Violence for Sentencing Purposes by Deondery Chambers, a federal prisoner, pled guilty to being a felon in possession of a firearm. The district court judge found that he had three violent priors and sentenced him to 188 months as an armed career …
Article • January 15, 2008
Filed under: Sentencing, Parole, Immigration
Illegal Alien Not Required to Submit Dual Parole Plans in California by California's First District Court of Appeals has held that a prisoner is not required to prepare a parole plan for both California and a country he will be deported to if there is a conclusive presumption that he …
Racial Impact Statements as a Means of Reducing Unwarranted Sentencing Disparities by Marc Mauer The extreme racial disparities in rates of incarceration in the United States result from a complex set of factors. Among these are sentencing and drug policies which, intended or not, produce disproportionate racial/ethnic effects. In retrospect, …
Article • January 15, 2008
Filed under: Sentencing, Good Time
Early Release Credit Not Available to Prisoners with ‘Crimes Against Persons’ Convictions by Early Release Credit Not Available to Prisoners with "Crimes Against Persons" Convictions While incarcerated, former Washington State prisoner Roosevelt Silas claimed a constitutional violation for equal treatment under the law when his application for a newly-enacted 50% …
Article • January 15, 2008 • from PLN January, 2008
United States Sentencing Commission Approves Crack Reform For Federal Prisoners by On December 11, 2007, the day after the Supreme Court affirmed a judge?s decision to sentence below the guideline range based on the unfairness of the crack cocaine sentencing disparity, the United States Sentencing Commission voted to make retroactive …
Eighth Circuit Upholds Arkansas Jailer’s 78-Month Sentence for Brutalizing Prisoners by Eighth Circuit Upholds Arkansas Jailer's 78-Month Sentence for Brutalizing Prisoners The Eighth Circuit U.S. Court of Appeals upheld the criminal conviction of an Arkansas jailer for violation of the civil rights of two prisoners whom he beat maliciously and …
Article • December 15, 2007 • from PLN December, 2007
Wrongfully Imprisoned Ohio Man Settles With State for $260,000 by On April 10, 2007, the State of Ohio paid $260,000 to a man who was wrongfully imprisoned for four years. Plaintiff Dartangnan Hill, a former gang leader, was convicted in May 2001 on charges of home invasion. Hill was accused …
Article • December 15, 2007 • from PLN December, 2007
Eighth Circuit Holds Sweat Patches Generally Reliable by The Eighth Circuit court of appeals held that sweat patches were a sufficiently reliable method of determining drug usage to support federal probation revocation. Mark Lou Meyer, a federal prisoner, appealed an Iowa federal district court?s revocation of his probation. Two conditions …
Pennsylvania County Jail System Overcrowded, Under-Regulated by David Reutter by David M. Reutter Almost everyone with experience on the incarceration side of America's criminal justice system will tell you they would rather do time in prison than in a jail. The primary reason is that the overall conditions of confinement …
Article • December 15, 2007
Secretary Of Corrections And Parole Commission Chairman Can Release Statutorily Protected Prisoners' Records by Larry Justus of the General Assembly and Parole Commission Chairman (Chairman) Juanita Baker probed the North Carolina Attorney General's Office (AG) for protocol regarding the authority and release of parolee records. The AG instructed them that …
Article • December 15, 2007
Michigan: $3.3 Million Settlement for 9 Years Wrongful Imprisonment by On September 5, 2005, a man who spent nine years in prison for a rape he didn?t commit settled with the Township of Clinton, Michigan, for an approximate total of $3,338,160. Kenneth Wyniemko was convicted in 1994 of raping and …
South Carolina Litigation Act Does Not Apply to Post-conviction Proceedings by South Carolina state prisoner Stacy Wade pled guilty to various drug charges. Without filing a direct appeal, he filed for post conviction relief (PCR) for allegedly being coerced into the plea bargain. Wade's testimony of coercion at his PCR …
Article • December 15, 2007
Federal Prisoner Receives Maximum 46 Month Sentence For Knife Possession by Federal prisoner Randolph Charles appealed a 2006 decision based on then-mandatory guidelines under 18 U.S.C. § 1791. He received a maximum 46-month sentence for possession of a six-inch makeshift plastic knife. The U.S. Court of Appeals for the Third …
Document's Exemption From Production Under Act Dependant On Pending Charges Outcome by Georgia State prisoner Byron Parker petitioned for review of a 1986 court ruling denying him access to files for his potential post-conviction relief. A pending rape charge statutorily determined denial. The denial was reversed for a lack of …
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