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Article • May 15, 2007
Tenth Circuit Holds COA Required on All State Habeas Appeals by The Tenth District Court of Appeals has denied a certificate of appealability (COA) to, and dismissed the appeal of the habeas corpus petition of a Wyoming state prisoner housed in a private Colorado prison. In so ruling, the appeals …
Prison Transfer Claims Must Be Raised Under § 1983 by Prison Transfer Claims Must be Raised Under § 1983 In a sharply-worded opinion, the Seventh Circuit Court of Appeals denied in forma pauperis (IFP) status and certificates of appealability (COAs) to habeas corpus petitions dismissed by federal district courts as …
Article • May 15, 2007
Filed under: Sentencing, Good Time
Illinois Prisoner Not Entitled to Two Types of Good Time Together by The U.S. Court of Appeals for the Seventh Circuit held that the U.S. District Court for the Northern District of Illinois did not err when it dismissed a prisoner's complaint that was filed for denial of good time …
Article • May 15, 2007
Heck Rule Fails to Prevent Parolee From Filing Under § 1983 by Heck Rule Fails to Prevent Parolee From Filing Under § 1983 The Northern District Court of Illinois determined that the Heck rule does not prevent a state parolee from proceeding with a civil action under 42 U.S.C. § …
Article • May 15, 2007
Highest Texas Court Rules Actual Innocence Trumps Guilty Plea by The Texas Court of Criminal Appeals (TCCA) has held that newly discovered, unquestionable evidence of a prisoner's actual innocence may be raised on state habeas corpus even though the prisoner pleaded guilty. Wesley Ronald Tuley, a Texas state prisoner, filed …
Article • May 15, 2007
Texas Parole Revocation Must be Challenged Via Habeas by The Fifth Circuit Court of Appeals affirmed a district court's order dismissing a Texas prisoner's 42 U.S.C. § 1983 action alleging claims against the Texas Board of Pardons and Parole, its director, and the Governor for illegal detention of the prisoner. …
Article • May 15, 2007
Filed under: Transfers, Sentencing
CA Sheriff Must Advise Trusty Status Prisoners of Honor Camp Ineligibility Policy by CA Sheriff Must Advise Trusty Status Prisoners of Honor Camp Ineligibility Policy California's Fourth District Court of Appeals held the San Diego County Sheriff is required to advise jail-sentenced prisoners of a jail policy that makes them …
Article • May 15, 2007
California: Good-Time Statute Not Violative of Ex Post Facto by The Supreme Court of California held that the application of a good-time statute enacted on January 1, 1983 to prisoners convicted before that time and under a different good-time statute did not violate the state or federal ex post facto …
Article • May 15, 2007
Colorado District Court Refuses to Dismiss Probationer's §1983 Suit by Colorado District Court Refuses to Dismiss Probationer's §1983 Suit The U.S. District Court for the District of Colorado refused to dismiss a Colorado probationer's civil rights suit challenging the conditions of his probation. Mark Fritz was placed on 20 years …
Article • May 15, 2007
BOP Must Obey Judge's Sentencing Order by The Third Circuit of the U.S. Court of Appeals vacated a district court decision on a federal prisoner's petition for writ of habeas corpus where the prisoner argued that the Federal Bureau of Prisons (BOP) had ignored the sentencing judge's order and consequently …
Article • May 15, 2007
Texas Prisoner Denied Habeas Corpus Relief on Probation Violation by The U.S. Fifth Circuit Court of Appeals denied habeas corpus relief, 28 U.S.C. §2254, to a Texas prisoner who claimed that his plea was not knowingly, intelligently and voluntarily made, because he was not told that to successfully complete probation …
Article • May 15, 2007
Kansas: Habeas Corpus Proper Avenue for Prisoner Mistreatment Allegations by The Supreme Court of Kansas held that habeas corpus was the proper avenue for prisoners seeking relief from mistreatment. State prisoners who had been subjected to solitary confinement petitioned separately for writs of habeas corpus alleging, among other things, denial …
Lack of Economic Means Does Not Justify Failure to Exhaust State Remedies by The United States Court of Appeals for the Eighth Circuit has found that a state prisoner's alleged inability to comply with state financial requirements does not relieve him from the federal habeas corpus exhaustion doctrine. Eddie Risdal …
MA DOC Violated Prisoner's Right to Freedom of Expression by The Superior Court of Massachusetts held that a prisoner's due process rights and rights to freedom of expression and to petition the government were violated. A prisoner wrote a letter to the Secretary of Public Safety asking her to intervene …
Article • May 15, 2007
Mandamus Appropriate in MO Ad Seg Case by The Supreme Court of Missouri ruled that an administrative segregation prisoner's habeas corpus petition was inappropriate because prison conditions of cruel and unusual punishment were not alleged. The state prisoner was seeking release from protective custody and into the general population. The …
Article • May 15, 2007
Early Release Prospect Does Not Transform § 1983 into § 2254 by Early Release Prospect Does Not Transform § 1983 into § 2254 The Third Circuit Court of Appeals determined that a state prisoner's success in a litigation that might increase chances for the prisoner's early release does not transform …
Article • May 15, 2007
Illinois Court Without Authority to Withhold Prisoner's Income by The Illinois Fourth District Court of Appeals reversed a trial court's order requiring the Department of Corrections (DOC) to withhold 50% of a defendant's monthly income and remit it to the clerk to satisfy restitution and court costs. The State conceded …
Article • May 15, 2007
Colorado COA: Claim Concerning Restitution Deductions Should Name DOC by The Colorado Court of Appeals held that an action brought by a prisoner challenging deductions from his prisoner bank account for victim restitution should have been brought against the Colorado Department of Corrections (DOC). In December 1993, Anthony J. Carrillo …
Article • May 15, 2007
Delaware Life Sentence = 45 years; Ruling May Affect 200 Prisoners; Court Reverses Self After Prosecutors Whine by Delaware Life Sentence = 45 years; Ruling May Affect 200 Prisoners; Court Reverses Self After Prosecutors Whine The Delaware Supreme Court, sitting En Banc, held that its decision in Crosby v. State, …
Article • May 15, 2007
Loss of Good-Time Credit, Transfer Not Excessive Disciplinary Sanctions by The U.S. Seventh Circuit Court of Appeals upheld denial of a state prisoner's habeas corpus petition challenging prison disciplinary sanctions imposed upon him. The court held that Federal courts do have jurisdiction to consider habeas petitions from prison disciplinary hearings, …
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