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Article • May 15, 2007
CA Supreme Court Strikes Ban On Mail Between Prisoner And Parolee by The California Supreme Court held that the California Department of Corrections must allow prisoners to correspond with parolees. The DOC denied a Prisoner Rights Union official the right to correspond with California prisoners because he was a parolee. …
Article • May 15, 2007
Drug Patch Discussed by In a motion to revoke a federal probationer's parole, a federal district court in New York gives a detailed discussion on the Pharmchem drug testing sweat patch. The sweat patch is affixed to human skin and absorbs sweat which is later tested for drugs. The court …
Article • May 15, 2007
Alabama Appellate Court Upholds Civil Immunity of Witness Testimony at Parole Hearing by Alabama Appellate Court Upholds Civil Immunity of Witness Testimony at Parole Hearing Alabama state prisoner William Sullivan filed a civil lawsuit in state court against William Smith and Karen Smith for slander, perjury and obstruction of government …
Civilly Committed Sexually Violent Predator Not Entitled to Anders Appellate Counsel Rights by Civilly Committed Sexually Violent Predator Not Entitled to Anders Appellate Counsel Rights The California Court of Appeal held that a sexually violent predator (SVP) who appealed his biennial civil recommitment to Atascadero State Hospital (ASH) was not …
Article • May 15, 2007
Mandatory Supervision in Private Corrections Facility Allowed in Texas by On June 29, 2005, the Texas Court of Criminal Appeals held that a prisoner released to mandatory supervision may be confined to a community corrections facility. James McCurry, a Texas prisoner, was placed on mandatory supervision pursuant to Texas Government …
Article • May 15, 2007
Intercepted Conversation of Jail Visitor Not Protected by The United States Supreme Court held that a state court conviction, for refusing to answer questions interposed by a state legislative committee, did not present a federal due process question, under the circumstances of the case. Although the Court declined to explicitly …
Anonymous Jury, Failure to Disclose, Approved in Latin Kings' Trial by The U.S. Second Circuit Court of Appeals approved the use of an anonymous jury by the U.S. District Court for the Southern District of New York and held that the Government's failure to disclose to the defense a witness' …
Disciplinary Conviction, Loss of Good Time Upheld by The U.S. Seventh Circuit Court of Appeals denied habeas corpus review to a prisoner appealing disciplinary segregation and loss of good time credits. Richie Rivera, a prisoner at the Indiana State Prison (ISP), was sanctioned by the conduct adjustment board (CAB) with …
Article • May 15, 2007
Filing Fee for State Habeas Corpus Unconstitutional by The United States Supreme Court held that a state could not require payment of a filing fee in state habeas corpus proceedings, or for appeals taken there from, while denying indigent prisoners access to the proceedings. According to the Court, "to interpose …
Article • May 15, 2007
Filed under: Sentencing, Good Time
IL DOC Director Must Exercise Discretion on Good Time Awards by The Illinois Fourth District Court of Appeals reversed the dismissal of a mandamus petition seeking to enforce the Director of the Department of Corrections duty to exercise his discretion to award good time credits. The Director implemented an unwritten …
Article • May 15, 2007
Parole Claim Moot after Release from Supervision by The United States Supreme Court held that a prisoner's full release from parole supervision rendered his procedural due process claims moot. In this decision, the Court describe the elements of the "capable of repetition, yet evading review" exception to the doctrine of …
New Mexico: $50,000 Settlement For False Arrest, Unconstitutional Strip Search by In the week of January 1, 2001, a lawsuit alleging false arrest and an unconstitutional strip search in retaliation for supporting a particular candidate for district attorney settled for $50,000. In 1999, while attending Gallup High School, Emily Ellison …
Article • May 15, 2007
WA Restitution Statue Amendments Retroactive by The Washington Supreme Court reversed a Superior Court's order that held the 1994 and 1997 amendments to RCW 9.94A.142 violate ex post facto as applied; to defendant convicted of 16 Counts of arson in 1986 Pursuant to the amendments the State moved the Superior …
Texas Prison Guards Who Murdered a Convict Sent to Federal Prison by On March 13, 2002, two former Texas prison guards admitted in plea agreements that they beat a prisoner to death. Their pleas were accepted by U.S. District Judge Howell Cobb who sentenced them to federal prison. Joel Lambright …
Article • May 15, 2007
WA State Owes No Duty to Ensure That Foster Kids Don't Harm the General Public by Aba Sheikh sustained injuries when he was beaten by four teenagers in a Seattle parking lot in March of 1999. The teenagers were in state-imposed foster care at the time. Sheikh obtained a judgment …
Iowa Supreme Court Holds Prison Sex Offender Screening Process Constitutional by On October 22, 2004 the Iowa Supreme Court ruled on a prisoner's claim that a prison rule concerning sexually violent prisoners enacted after his imprisonment effectively removed him from consideration for early parole. The court held that although the …
Article • May 15, 2007
Colorado: City Pays $240,000 to Victims of Serial Rapist by On January 30, 2006, the city of Aurora, Colorado, announced it would pay $240,000 to four women raped by a man they claimed should have been arrested months earlier. In November 2004, Brent J. Brents admitted to molesting an 8 …
Article • May 15, 2007
$100,000 Settlement Recommended For County's Contract Breach by On December 14, 2005, the Los Angeles County Claims Board recommended paying $100,000 to a drug testing firm to settle its breach of contract suit against the county. In September 1995 Los Angeles County entered a 5-year contract with PharmChem to provide …
Article • May 15, 2007
Filed under: Sentencing, Good Time
WA Early Release Credits No Substitute for Good Time Lost for Disciplinary Reasons by WA Early Release Credits No Substitute for Good Time Lost for Disciplinary Reasons The Washington State Court of Appeals for Division 1 has denied a prisoner's Personal Restraint Petition (PRP), claiming that the state Department of …
$200 Awarded To Prisoner Wrongfully Held On Keeplock Status by Osvaldo Solis, a prisoner at the Sing Sing Correctional Facility (SSCF), filed a pro se law suit against SSCF, for wrongfully placing him on keeplock status. On April 14, 2001, Solis was placed on keeplock confinement for allegedly taking part …
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