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Evidentiary Hearing Required to Determine Compliance with Wolff by The Eighth Circuit Court of Appeals held a prisoner was entitled to an evidentiary hearing where a disciplinary board failed to furnish a written statement of reasons for its decision. The North Dakota State Penitentiary prisoner was charged by prison officials …
Article • May 15, 2007
Failure to Ascertain Arrestee's Identity Creates Liability for False Imprisonment by Failure to Ascertain Arrestee's Identity Creates Liability for False Imprisonment The Eleventh Circuit Court of Appeals held that a Macon County, Alabama Sheriff's deputy who failed to make an attempt to obtain information from an arrestee for purposes of …
Article • May 15, 2007
Federal Prisoners Sanctioned Loss of Good Time for Frivolous Suit by A South Carolina federal district court held a lawsuit filed by two federal prisoners was frivolous and ordered loss of good time credits. The suit was filed by two federal prisoners convicted of various narcotics charges. Their 42 U.S.C. …
Article • May 15, 2007
Federal Release Notice Statute Constitutional; Applies to Drug Trafficker Released Early by Federal Release Notice Statute Constitutional; Applies to Drug Trafficker Released Early The Eighth Circuit Court of Appeals affirmed a Minnesota District Court's order dismissing a claim seeking declaratory judgment against a statute requiring that law enforcement be notified …
Article • May 15, 2007
Equitable Tolling Applies to AEDPA by The Eighth Circuit Court of Appeals held that equitable tolling applies to the one-year statute of limitations for filing federal habeas corpus petitions under the Anti Terrorism Effective Death Penalty Act (AEDPA), 28 U.S.C. 2244 (2) (1). The petitioner, an Arkansas prisoner, filed a …
Negligent Public Defender Defense Against Dirty Los Angeles Cops Nets Falsely Convicted Man $6.5 Million; Court Vacates Verdict Million; Court Vacates Verdict by John Dannenberg Negligent Public Defender Defense Against Dirty Los Angeles Cops Nets Falsely Convicted Man $6.5 Million; Court Vacates Verdict by John E. Dannenberg A Los Angeles …
Prison Disciplinary Board Members Not Entitled to Absolute Immunity by The U.S. Court of Appeals for the Seventh Circuit held that prison disciplinary board members were entitled only to qualified immunity, not absolute immunity, in a civil rights suit; that the amount of compensatory damage award did not warrant interference …
Article • May 15, 2007
No Liberty Interest in the Expectation of Parole by The United States Supreme Court ruled that a "liberty interest" does not attach to an expectation to be released on parole and a prisoner is not entitled to due process when anticipated parole is rescinded. George Van Curen, an Ohio Department …
Article • May 15, 2007
Retroactive Application of Rule Taking Street Time Valid by The District of Columbia Court of Appeals held that neither the ex post facto clause nor the due process clause of the Constitution was violated by retroactive application of a prior D.C. Court of Appeals ruling holding that "street time" should …
Some VA Death Row Prisoners Denied Meaningful Access to Courts by Upon rehearing en banc, the U.S. Court of Appeals for the Fourth Circuit held that Virginia did not provide death row prisoners with meaningful access to courts in all circumstances. Prisoners on Virginia's death row brought a class action …
Two Wrongfully Imprisoned Michigan Men Receive $2.75 Million Partial Settlement by Two Wrongfully Imprisoned Michigan Men Receive $2.75 Million Partial Settlement On November 2, 2001 two Michigan men who were wrongfully imprisoned for eight years before their convictions were overturned reached a $2.75 million partial settlement with the prosecuting county. …
Article • May 15, 2007
United States Supreme Court Holds that Probation Violators Must Be Afforded Representation at Probation Revocation/Resentencing Hearings by United States Supreme Court Holds that Probation Violators Must Be Afforded Representation at Probation Revocation/Resentencing Hearings This was a consolidated case in which two Washington state prisoners were granted certiorari after the state …
Article • May 15, 2007
VA Death Row Prisoners Entitled to Appointed Counsel by The U.S. District Court for the Eastern District of Virginia, Richmond Division, held that death row prisoners were entitled to more legal assistance than that delineated in Bounds v. Smith, 430 U.S. 817, 97 S.Ct. 1491, 52 L.Ed.2d 72 (1977). Prisoners …
Article • May 15, 2007
VA Death Row Prisoners Not Entitled to Appointed Counsel by The U.S. Court of Appeals for the Fourth Circuit held that indigent death row prisoners did not have a constitutional right to counsel at state expense when pursuing habeas corpus relief in state courts. Prisoners on Virginia's death row brought …
Article • May 15, 2007
Filed under: Sentencing, Parole
Washington: Consecutive Terms for Multiple Sentencing Violations Upheld by The Supreme Court of Washington, en banc, held that imposing consecutive 45-day sentences for each of ten violations of conditions of sentencing was valid under Washington state law. Samuel McDougal was sentenced to 30 days confinement and community supervision for one …
Article • May 15, 2007
Mandatory Language in Montana Parole Statute Creates Liberty Interest by The U.S. Supreme Court held that mandatory language in Montana's parole statutes created a liberty interest in parole. State prisoners who had been denied parole brought a class action § 1983 lawsuit against the State Board of Pardons and its …
Article • May 15, 2007
Montana Parole Statute Creates Liberty Interest by The U.S. Court of Appeals for the Ninth Circuit held that Montana's parole statute created a liberty interest in parole. State prisoners who had been denied parole brought a class action § 1983 lawsuit against the State Board of Pardons and its Chair …
Montana Supreme Court Upholds State's Sex Offender Registration Act by The Montana Supreme Court held that the state's sex offender registration act could be applied retroactively and did not violate an offender's rights under the state or federal constitutions. In 1989 Montana enacted the Sexual Offender Registration Act, which required …
Immunity Granted to Sex Offenders in Treatment by The Wisconsin Supreme Court has held that Gary Tate was entitled to immunity for statements made during court-imposed sex offender treatment, and the revocation of his probation for refusing to make admissions to his crime without immunity was improper. Tate, 47, was …
Article • May 15, 2007
Special Condition of Registering with State Sex Offender Agency Mandatory for Federal Sex Offender by Special Condition of Registering with State Sex Offender Agency Mandatory for Federal Sex Offender The Eleventh Circuit Court of Appeals held a district court properly imposed a special condition of supervised release that required a …
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