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State Death Row Prisoner Not Entitled to Appointment of Federal Counsel for Clemency by State Death Row Prisoner Not Entitled to Appointment of Federal Counsel for Clemency The Eleventh Circuit Court of Appeals held that a state prisoner sentenced to death is not entitled to the appointment of federally funded …
Article • May 15, 2007
State Death Sentenced Prisoner Not Entitled to Federally Funded Counsel in State Clemency Proceeding by State Death Sentenced Prisoner Not Entitled to Federally Funded Counsel in State Clemency Proceeding The Tenth Circuit Court of Appeals held a state prisoner is not entitled to federally appointed and funded counsel in a …
Article • May 15, 2007
US Parole Commission Amendment Upheld by The Tenth Circuit Court of Appeals held that application of a 1987 amendment to the Sentencing Reform Act of 1984 (SRA) does not violate the due process rights of federal prisoners. The court also held that the amendment is not an unlawful Bill of …
Article • May 15, 2007
Parole Board Decision One Time Act That Fails to Toll Statute of Limitations by Parole Board Decision One Time Act That Fails to Toll Statute of Limitations The Eleventh Circuit Court of Appeals held a parole board's setting of a parole date is a one time act and not a …
Article • May 15, 2007
Parole Hearing Does Not Estopp False Arrest Suit by The Second Circuit Court of Appeals reversed a district court's grant of summary judgment, holding that the facts found at the plaintiff's parole hearing did not have collateral estoppel effect, and that a genuine issue of fact existed in excessive force …
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Physical Injury Required for All Prisoner Suits Seeking Compensatory and Punitive Damages By David M. Reutter In an unpublished opinion, the Eleventh Circuit Court of Appeals has held the PLRA bars compensatory and punitive damages …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 …
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