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Article • May 15, 2007
MI Detainees' Five Days in Seg Without Privileges Doesn't Violate Due Process Clause; Damages Verdic by MI Detainees' Five Days in Seg Without Privileges Doesn't Violate Due Process Clause; Damages Verdict Vacated Willie Thomas and three other prisoners had been released from the Michigan prison system based on a ruling …
Article • May 15, 2007
Filed under: Sentencing, Good Time
Trial Court Lacks Authority to Deny Washington Earned Credits by The Washington State Supreme Court, sitting en banc, held that the trial court has no authority to restrict the grant of earned early release time credits. Brenda Louise West robbed a motel. "In exchange for a reduction of the charge …
Article • May 15, 2007
Washington Sex Offender Parole Violated for Possessing "The Blue Lagoon" DVD by The Washington Court of Appeals upheld a sex offender's community placement sanction for possessing the film "The Blue Lagoon," which starred a young Brooke Shields. Mark Smith pled guilty to molesting his 5 and 7-year-old stepdaughters. He was …
Article • May 15, 2007
No Liberty Interest in Good Time Not Yet Accrued by The petitioner challenged a change in state good time law that restricted his ability to earn discretionary good time in the future. That claim should have been brought under § 1983 rather than habeas corpus. It is analogous to disputes …
BOP Enjoined in Transferring Prisoners from Work Release by The court grants a preliminary injunction against the transfer of three persons serving sentences in community confinement centers who have been notified that they will be transferred to a federal prison for the remainder of their sentences based on the Department …
Article • May 15, 2007
$500,000 Awarded Kansas Citizen For 25 Days False Imprisonment by Alonzo Echols, 48, is not Alonzo Eacholes, despite repeatedly telling officers, jails, and courts this. In February of 2000, Echols was arrested for felony battery on a warrant that should have been for Eacholes. His release took 18 months, though …
Article • May 15, 2007
Second Circuit: Bank Larceny Not Qualifying Federal Offense For Probationer's DNA Collection by Second Circuit: Bank Larceny Not Qualifying Federal Offense For Probationer's DNA Collection by Michael Rigby On January 10, 2005, the U.S. Second Circuit Court of Appeals held that bank larceny was not a "qualifying federal offense" for …
Article • May 15, 2007
Filed under: Sentencing, Parole
California Lifer Parole Denial Reversed Absent Evidence of Current Dangerousness by California Lifer Parole Denial Reversed Absent Evidence of Current Dangerousness by John E. Dannenberg The California Court of Appeal, Fourth District, granted a second degree murderer's habeas corpus petition and ordered the Board of Parole Hearings (BPH) to give …
Article • May 15, 2007
$49,500 Awarded To Florida Prisoner For Unconstitutional Removal Of Gain Time Credits by $49,500 Awarded To Florida Prisoner For Unconstitutional Removal Of Gain Time Credits Former Florida State prisoner Rogelio Ibarra's supervision time was increased by the Florida Department of Correction (FDOC) after holding a legislative change in incentive gain …
Loss of Sentence Reduction for Positive Drug Test Upheld by The petitioner was prescribed an opiate for medical reasons and the next day tested positive for cocaine metabolites. The plaintiff was not denied due process by the failure to call the doctor who prescribed the opiate as a witness at …
Article • May 15, 2007
Supreme Court Rejects Time Limit Notices by Judges by The Ninth Circuit declared that partially unexhausted habeas petitions, which are subject to a total exhaustion rule under Rose v. Lundy (1982), should be subject to a "stay and abeyance" procedure designed to protect habeas petitioners from the interaction of the …
Article • May 15, 2007
Filed under: Sentencing, Parole
Unconfirmed NJ Parole Board Members Do Not Deny Due Process by Participation in parole decisions of temporary Parole Board members, appointed by the Governor without Senate confirmation allegedly in violation of state law, did not deny due process. At 325: "As Defendants have conceded, New Jersey prisoners have a state-created …
Article • May 15, 2007
Class Settlement No Bar to Federal Parolee's Damages Suit by The plaintiff was arrested on a parole violation warrant; the charges were dismissed a few months later and plaintiff's lawyer notified parole authorities; the government said the case remained "open and ongoing" despite the failure to return an indictment. After …
Sexual Predator Statute Cannot Be Challenged in Habeas Corpus Proceeding by The U.S. Sixth Circuit Court of Appeals held that an Ohio prisoner could not use habeas corpus, 28 U.S.C. § 2254, to challenge the constitutionality of Ohio's sexual predator law, Ohio Revised Code (O.R.C.) § 2950.01, et. seq. Oliver …
Article • May 15, 2007
FL Good Time Change Violates Ex Post Facto by The court of appeals for the Eleventh circuit affirmed a district court ruling granting habeas relief to Florida prisoners. After petitioners were convicted, the Florida legislature changed the good time scheme, to their detriment, and DOC applied the change retroactively to …
Article • May 15, 2007
Section 1983 Proper to Escape Guard Threats by A New York detainee at Riker's Island jail filed a habeas corpus petition seeking a transfer due to threats by jail guards. The district court dismissed the petition. Prisoner then filed a § 1983 suit, which was also dismissed. The court of …
Article • May 15, 2007
Habeas Prevents Transfer for Medical Reasons by A New York detainee filed a habeas petition under § 2294 to prevent his transfer to California to face federal charges after being arrested in New York on a California warrant. At the extradition hearing he suffered heart failure. The district court dismissed …
Successive Injunctions Allowed Under PLRA by In a first published case on the topic, a federal district court in California has held that, under the PLRA, successive Temporary Restraining Orders (TRO) and a preliminary injunction (PI) may be entered by the Court. This is a class action suit filed by …
Challenges to Systematic Prison Disciplinary Procedures Cognizable Under § 1983 by The United States Court of Appeals from the Fifth Circuit held that habeas corpus is not the sole remedy for challenging prison disciplinary actions, and the amount of process due is not contingent on the actual punishment imposed, but …
Confiscation of Legal Files Excused Failure to Exhaust by A federal district court in New York held that the confiscation of a prisoner's legal files established cause and prejudice sufficient to overcome procedural default for failing to exhaust administrative remedies. In 1998, prisoner F. Lee Hinebaugh filed a federal petition …
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