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Article • May 15, 2007
Filed under: Sentencing, Detainers
IAD's 180 Day Period Commences Upon Receipt by State Officials that Lodge Detainer by IAD's 180 Day Period Commences Upon Receipt by State Officials that Lodge Detainer The United States Supreme Court held the 180-day time period to commence trial in Article III (a) of the Interstate Agreement on Detainers …
Physical Injury Required for All Prisoner Suits Seeking Compensatory and Punitive Damages by David Reutter Physical Injury Required for All Prisoner Suits Seeking Compensatory and Punitive Damages By David M. Reutter In an unpublished opinion, the Eleventh Circuit Court of Appeals has held the PLRA bars compensatory and punitive damages …
Article • May 15, 2007
No Arraignment, Imprisonment For Civil Debt Raise Fact Issues by The United States Court of Appeals for the Sixth Circuit held that issues of fact precluded summary judgment of an arrestee's civil rights action stemming from his warrantless arrest and his imprisonment for failure to pay fines and court costs, …
Missouri Supreme Court Allows Actual Innocence Claims in Death Penalty Habeas by By Matthew T. Clarke In a case of first impression, the Supreme Court of Missouri (SCM) has held that a death-sentenced prisoner may raise a freestanding claim of actual innocence in a state habeas petition. Joseph Amrine, formerly …
Article • May 15, 2007
California Federal Court Awards Falsely Arrested/Imprisoned Man $850,000 by On December 31, 2003, the U.S. District Court for the Central District of California awarded $850,000 to a man who was falsely arrested and imprisoned for seven weeks due to misidentification by the federal Drug Enforcement Agency (DEA). In 1999, the …
Article • May 15, 2007
Independent Evaluation Mandated For Federal Prisoner's Nunc Pro Tunc Housing Designation Request by Independent Evaluation Mandated For Federal Prisoner's Nunc Pro Tunc Housing Designation Request Federal prisoner Edward Trowell filed a federal habeas corpus petition seeking review of a Bureau of Prisons (BOP) rejection of a nunc pro tunc designation …
Article • May 15, 2007
No Equal Protection Violation For Sex/Non-Sex Offense Parole Periods by Colorado Department of Corrections prisoner John Harper filed a post-conviction motion claiming an equal protection violation for imposing an additional period of mandatory parole for a non-sex offense, while those convicted of sex offenses committed prior to July 1, 2002, …
Article • May 15, 2007
Iowa Cost Bond Rule Unconstitutional When Applied To Post-Conviction Petitions by By Bob Williams An Iowa federal district court has ruled that a state rule of civil procedure, which requires posting a cost bond before suits will be heard when there has been three or more unsuccessful suits in the …
Washington DOC Pays $4 Million in Parolee's Rape of Seven Year Old by In 2003 the Washington Department of Corrections (DOC) paid a total of $4 million to settle a parole liability suit involving the sexual assault of a seven year old girl by a parolee under its supervision. This …
Article • May 15, 2007
Habeas Corpus Appropriately Challenges 'Fact Or Duration' Of Confinement by The United States District Court for the Middle District of Pennsylvania held that habeas corpus was not the proper forum for challenging the frequency of segregation review hearings or the limitation of telephone privileges. John Sinde, a federal prisoner at …
Federal Parole Officials Not Entitled To Absolute Immunity by The U.S. Court of Appeals for the Third Circuit held that a district court erred in dismissing a parolee's claim against probation and parole officials and that the parole officials were not entitled to absolute immunity. Lawrence Wilson, a federal parolee, …
Article • May 15, 2007
PLRA Not Applicable In Habeas Cases by The United States District Court for the Western District of Tennessee held that the Prison Litigation Reform Act of 1995 (PLRA), 28 U.S.C. § 1915, did not apply to habeas corpus petitions filed pursuant to 28 U.S.C. § 2241. Mahamadou Sillah, a native …
Washington State Civil Commitment Statute Constitutional by The U.S. Ninth Circuit Court of Appeals held that Washington State's Community Protection Act of 1990 (CPA) did not violate the double jeopardy or ex post facto clauses of the U.S. Constitution. In 1994, Petitioner Andre Young sought federal writ of habeas corpus …
Article • May 15, 2007
Retroactive Withholding of Good Time Upheld by The Kansas Court of Appeals upheld the retroactive withholding of a prisoner's good time credits for disciplinary sanctions imposed prior to the award of the credits at issue. In 1998 and 1999, Derrik W. Davis received two disciplinary convictions but did not have …
Article • May 15, 2007
$8,500 Paid in WA DOC Wrongful Warrant/Arrest Suit by John H. Queener was arrested on May 9, 1989, as the result of a standard warrant search during a traffic stop. The warrant was issued on January 16, 1986 by the Washington State Department of Corrections Community Supervision Office. However, on …
Reduced Likelihood of Parole Does Not constitute a Penalty by The First Circuit Court of Appeals determined that refusal to participate in sex treatment program merits reduced likelihood of parole and did not constitute as a penalty. Wayne Ainsworth a convicted New Hampshire prisoner, sex offender who had been admitted …
Supreme Court Addresses Mail, Good-Time, Legal Aid, Disciplinary Issues by The U.S. Supreme Court held that restoration of good-time was unavailable under § 1983; some constitutional rights are retained in prison disciplinary proceedings; minimal due process is required if loss of good-time is a possibility; disciplinary due process procedures ordered …
Parolee Sex Offender Classification Without Conviction Requires Heightened Procedural Safeguards by by Bob Williams The United States Court of Appeals for the Tenth Circuit has held that sex offender classification requires more due process for parolees than for incarcerated prisoners, but failed to delineate what process is due. In 1987, …
Article • May 15, 2007
Parole Review Challenge Cognizable under Federal Habeas Statute by The Ninth Circuit Court of Appeals held that federal habeas corpus is a proper remedy for prisoner seeking only equitable relief and challenging aspects of their parole review of that... could potentially affect the duration of their confinement. Montana prisoner Leland …
Article • May 15, 2007
COA Denied; Stun Belt Claim Barred by Teague v. Lane by The U.S. Fifth Circuit Court of Appeals denied a certificate of appealability (COA) from a Texas state prisoner's denial of habeas corpus relief, 28 U.S.C. § 2254, on grounds that the prisoner was not denied a fair trial and …
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