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Article • November 15, 2007 • from PLN November, 2007
Five-Year Forecast: Prison Population Will Swell 13%—Triple America’s Growth Rate by Five-Year Forecast: Prison Population Will Swell 13%?Triple America's Growth Rate The charitably funded Washington D.C.-based Public Safety Performance Project (PSPP), statistically analyzing prison population trends in all 50 states and the federal Bureau of Prisons (BOP), projected that between …
Overcrowded Washington DOC’s Solution: Ship ’Em Out of State by David Reutter Overcrowded Washington DOC's Solution: Ship ?Em Out of State by David M. Reutter Overcrowding is pinching the Washington Department of Corrections (WDOC). To alleviate that problem, the department ordered less than 100 community supervision violators released without a …
Article • November 15, 2007 • from PLN November, 2007
Oklahoma Court Orders Sentenced Prisoners Transported to Prison by The District Court for Oklahoma County, Oklahoma has ordered the County's Sheriff to transfer all prisoners awaiting transportation to the Department of Corrections (DOC) within 30 days and any prisoners sentenced after the Court's order are to be so transferred within …
$14 Million Verdict Against Louisiana DA’s Office for Wrongful Death Sentence by $14 Million Verdict Against Louisiana DA's Office for Wrongful Death Sentence The New Orleans Parish, Louisiana, District Attorney's Office should pay $14 million to a man who was wrongly convicted of murder and sent to the state's death …
Tenth Circuit Upholds BOP Guard’s Abuse Convictions by Tenth Circuit Upholds BOP Guard's Abuse Convictions The Tenth Circuit Court of Appeals affirmed the convictions and sentences of three former prison guards for beating prisoners at the United States Penitentiary in Florence, Colorado, (USP-Florence). As we've previously reported, in 1997, the …
Article • October 15, 2007 • from PLN October, 2007
Filed under: Searches, Drug Testing, Parole
Texas Parole Board Revamps Urinalysis Procedures by The Texas Parole Board is replacing its old, error-prone drug testing procedure with a new method it says will reduce mistakes and provide for independent confirmation of positive test results?something that has been unavailable in the past. Some aspects of the testing procedure …
Article • October 15, 2007 • from PLN October, 2007
BOP May Not Foreclose Transfer to Community Corrections Center Based on Length of Remaining Sentence by John Dannenberg The Second Circuit U.S. Court of Appeals has held that federal Bureau of Prisons (BOP) prisoners seeking transfers to community correctional centers (CCC) before reaching a point when they have the greater …
Findings of Fact by Indiana Disciplinary Panel Not Entitled toPresumption of Correctness for Federal Habeas Purposes by John Dannenberg by John E. Dannenberg Seeking to clarify an "established proposition frequently ... overlooked in litigation arising from Indiana's prison system," the Seventh Circuit U.S. Court of Appeals held that the lower …
Unsupported Penile Plethysmograph Testing as Condition of Release Rises to Due Process Violation, Creates Liberty Interest by The Ninth Circuit U.S. Court of Appeals held that arbitrarily imposing a penile plethysmograph [electromechanical gauge of male sexual stimulation] testing requirement as a condition of supervised release for a sex offender violates …
Article • October 15, 2007 • from PLN October, 2007
Texas Allows Actual Innocence Claim in Non-Capital Habeas Actions by The Texas Court of Criminal Appeals has held that a habeas corpus applicant may raise a free-standing claim of actual innocence in a state habeas corpus proceeding. Randolph Roy Sparks, a Texas state prisoner, filed a post-conviction petition for a …
Article • October 15, 2007 • from PLN October, 2007
Filed under: Sentencing, Probation
Probation Condition Restricting Pets at Residence Held Overbroad by The California Court of Appeal, District 4, held that a probation condition requiring informing a probation officer of any pets in the probationer?s residence was invalid because it was overbroad. Reyes Quintero pled guilty to methamphetamine possession and was sentenced to …
Article • October 15, 2007 • from PLN October, 2007
Filed under: Sentencing, Good Time, Parole
Absence of Parole Revocation Administrative Appeal Process Entitles Prisoner to Trial Court Determination of Custody Credits by John Dannenberg by John E. Dannenberg The California Court of Appeal, Sixth District, held that when a parolee both violated parole and committed a new offense, and disputed his parole revocation hearing findings …
Massachusetts District Court: FBI Ordered to Pay $101.7 Million for Malicious Prosecution by Michael Rigby A federal judge in Massachusetts has awarded $101.7 million to four innocent men who were framed by the FBI for a murder they did not commit. In a scathing 228-page decision entered on July 26, …
Article • October 15, 2007 • from PLN October, 2007
Clarification: by The July 2007 issue of Prison Legal News reported Sarsfield v. City of Marlborough, $13,655,940 Award for False Massachusetts Rape Conviction and Gregory v. City of Louisville, Louisville, Kentucky Settles with Wrongly Imprisoned Man for $3.9 Million. Barry Scheck was lead counsel for both plaintiffs, but while he …
California’s Solution To Prison Overcrowding: $7.4 Billion To Build 53,000 New Beds by Marvin Mentor California's Solution To Prison Overcrowding: $7.4 Billion To Build 53,000 New Beds by Marvin Mentor Faced with three federal judges threatening to place a population cap on California's overcrowded prison system, the state Legislature and …
Article • September 15, 2007 • from PLN September, 2007
U.S. Parole Commission Rules are “Laws” for Ex Post Facto by U.S. Parole Commission Rules are "Laws" for Ex Post Facto The United States Court of Appeals for the District of Columbia (DC) Circuit held that a lower court incorrectly concluded that new parole regulations were not "laws" for ex …
Article • September 15, 2007 • from PLN September, 2007
§ 1983 Suit Challenging New York’s Blanket Parole Denial “Policy” Survives Motion to Dismiss by John Dannenberg § 1983 Suit Challenging New York's Blanket Parole Denial "Policy" Survives Motion to Dismiss by John E. Dannenberg The U.S. District Court (S.D. N.Y.) denied the New York State Division of Parole's ("Board") …
Evidentiary Hearing Ordered For AEDPA Equitable Tolling Claim Arising From Transfer to Out-Of-State Prison by The Ninth Circuit U.S. Court of Appeals ordered the U.S. District Court (D. Ore.) to conduct an evidentiary hearing to determine if ample facts supported two Oregon state prisoners? claims that their involuntary transfers to …
Article • September 15, 2007 • from PLN September, 2007
Nevada Psychological Review Panel Hearings Subjected to Open Meeting and Constitutional Due Process Requirements by Matthew Clarke by Matthew T.Clarke In two related cases, the Supreme Court of Nevada held that sex offender certification hearings held by the Nevada Psychological Review Panel (PRP) were subject to the Nevada open meeting …
Article • September 15, 2007 • from PLN September, 2007
Wisconsin Over Detention Suit Not Barred by Rooker-Feldman Doctrine by The Seventh Circuit Court of Appeals reversed a lower court?s dismissal of a prisoner?s suit related to a delay in granting time served credits. The court concluded that plaintiff?s claims were not barred by the Rooker-Feldman doctrine. In 1997, Reginald …
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