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Brief • April 21, 2008
Filed under: Wrongful Conviction
In re McCray, et. al., NY, Amended Complaint, Central Park Five Wrongful Conviction, 2008 Case 1:03-cv-09685-RLE Document 47 Filed 04/21/08 Page 1 of 30 Myron Beldock, Esq. (MB-4076) Karen Dippold, Esq. (KD-2966) Sofia Yakren, Esq. (SY-4874) Beldock Levine & Hoffman LLP 99 Park Avenue - Suite 1600 New York, New …
As Connecticut's Prison Population Increases, So Does the Number of Imprisoned Mentally Ill by David Reutter by David M. Reutter Like other prison systems throughout the nation, Connecticut's is reaching peak capacity. In the midst of dealing with overcrowding and parole issues, the Connecticut Department of Correction (CDOC) must also …
Article • April 15, 2008 • from PLN April, 2008
Pennsylvania Lifers' Commutation-Law Ex Post Facto Suit Remanded to Determine Standing by John Dannenberg by John D. Dannenberg In 1997, an amalgam of Pennsylvania prisoners, taxpayers and public interest groups sued the Pennsylvania Board of Pardons (Board) and top state officials in U.S. District Court, challenging restrictive 1997 amendments to …
Administrative Errors and Poor PHS Medical Care Precede Chronically Ill Vermont Prisoner's Death by David Reutter by David M. Reutter A Report by the Vermont Protection and Advocacy System (VP & A) has found breakdowns by staff of the Vermont Department of Corrections (VDOC) in its furlough procedure and troubling …
California Sex Offenders Uprooted by New Restrictive Residency Law by California?s pernicious ?Jessica?s Law,? overwhelmingly approved by voters on November 7, 2006 as a result of Proposition 83, restricts certain paroled sex offenders from living within 2,000 feet of a school, park or other areas where children are present. As …
Article • April 15, 2008 • from PLN April, 2008
Michigan Counties Unsuccessful at Collecting Costs of Jail Imprisonment by Matthew Clarke by Matt Clarke On September 12, 2007, the Lenawee County Commission became embroiled in a debate over how to collect $6.3 million in outstanding ?room and board? fees from former jail prisoners that had accrued over the past …
Article • April 15, 2008 • from PLN April, 2008
California’s Compassionate Release Law Expanded to Include the Medically Incapacitated by California's Compassionate Release Law Expanded to Include the Medically Incapacitated California's compassionate release law, which already provided that prisoners who were physician-certified to have less than six months to live may apply for recall of sentence and release, was …
Article • April 15, 2008 • from PLN April, 2008
Wrongful Death Following Alleged Mistaken Washington Jail Release Settles For $1,800,000 by On September 6, 2007, the City of Algona and King County, Washington, agreed to pay $1,800,000 to the estate of a man killed by a hit and run driver who was, according to the lawsuit, mistakenly released from …
Making the Bad Guy Pay: The Growing Use of Cost Shifting as an Economic Sanction by Kirsten D. Levingston by Kirsten D. Levingston1 "At some point, we have to be able to say to people who have been incarcerated, and served time on probation or parole upon release, you have …
Article • March 15, 2008 • from PLN March, 2008
Ohio Man Paid $1.5 Million for 26 Years' Wrongful Imprisonment by In April 2007, an Ohio jury awarded $1.5 million to Plaintiff Gary James, who spent 26 years in prison for a robbery and murder he didn't commit. James, now 54, and his friend, Timothy Howard, were arrested in 1976 …
Article • February 15, 2008 • from PLN February, 2008
Overdetention: When Completing a Prison Sentence Just Isn’t Enough by David Reutter Overdetention: When Completing a Prison Sentence Just Isn't Enough by David M. Reutter One of the most basic functions of a prison system is releasing prisoners when their sentences expire. In April 2007, the Massachusetts Department of Correction …
Scandal Rocks Texas Youth Commission; Youths Molested by School Supervisors by Gary Hunter During the 2006 elections, Texas Attorney General Greg Abbott ran television ads touting the capture of the state's 500th Internet child predator. Shortly after elected lawmakers convened in 2007 they went to work on a bill that …
Article • February 15, 2008
Cumulative Tightening of Michigan Lifers' Parole Eligibility Rules Held Ex Post Facto by John Dannenberg by John R. Dannenberg The U.S. District Court for the Eastern District of Michigan, Southern Division, has held that a decade of cumulative changes to parole eligibility regulations for Michigan's life-sentenced prisoners violated the U.S. …
Article • February 15, 2008 • from PLN February, 2008
Filed under: Classification, Good Time
WA Prisoners Entitled to Minimal Due Process Before Risk Level Demotion by Division 1 of the Washington Court of Appeals has ruled that the State Department of Corrections (DOC) must afford minimal due process to prisoners whose risk assessment levels it intends to demote. In 2000, Dion Xavier Adams, a …
Ninth Circuit Holds Washington DOC Immune From Suit for Denial of Community Custody Early Release by John Dannenberg by John E. Dannenberg The Ninth Circuit U.S. Court of Appeals held that the Secretary of the Washington State Department of Corrections (WDOC) was qualifiedly immune from suit by prisoners who claimed …
Article • February 15, 2008 • from PLN February, 2008
Filed under: Voting, Sentencing, Parole
Florida's Parole Commission Slows Restoration of Felons' Civil Rights by David Reutter by David M. Reutter In April 2007, Florida Gov. Charlie Crist and his Cabinet made it easier for some felons to regain their civil rights, including their right to vote. The new rules automatically restore rights to non-violent …
Article • January 15, 2008
Filed under: Sentencing, Parole, Immigration
California Lifer’s Governor-Parole-Reversal Tossed by State Court by Marvin Mentor California Lifer's Governor-Parole-Reversal Tossed by State Court by Marvin Mentor A decision by Governor Schwarzenegger to reverse the Board of Parole Hearing's (BPH) grant of parole to an infirm, 82-year-old lifer was itself reversed by the California Court of Appeal. …
Article • January 15, 2008
Repatriated Federal Prisoner's Sentence Properly Calculated Under American Law by Sonny Odili, a federal prisoner, was sentenced to 100 months in a Panamanian prison after being caught grinding over 7,000 grams of cocaine so it could be smuggled into the U.S. He cooperated with Panamanian authorities in another prosecution but …
Article • January 15, 2008
Ninth Circuit: Heck Favorable Termination Rule Applies to Civil Commitments by By John E. Dannenberg The Ninth Circuit U.S. Court of Appeals held that the "favorable termination rule" of Heck v. Humphrey, 512 U.S. 477 (1994) [which requires that before a prisoner can bring a 42 U.S.C. § 1983 civil …
Texas Parole Law Remanded for Ex Post Facto Ruling by Gary Hunter By Gary Hunter Texas prisoner Wilson Brown, a convicted sex offender, went to prison in 1989. At the time Brown was convicted, all Texas prisoners required only two favorable votes to make parole. In 1993, the parole board …
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