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Article • May 15, 2007
California Lifers Must File Parole Habeas Petitions in County of Commitment by by John E. Dannenberg The California State Supreme Court ruled that life prisoners challenging denials of parole must file their state habeas corpus petitions in the county of commitment, not in the county where they are incarcerated. Orlando …
No Absolute Immunity for Parole Officials by The Seventh Circuit Court of Appeals reversed a lower court's dismissal of a suit against several parole officials, finding they were not entitled to absolute immunity. In 1990, Lance Dawson was convicted of Indiana criminal charges and placed on probation for 3 years, …
BOP Substance Abuse/Early Release Regulation Violates APA by The Ninth Circuit Court of Appeals held that a 1997 Bureau of Prisons (BOP) regulation precluding substance abuse treatment and early release to prisoners convicted of firearm offenses violated the notice and comment provisions of the Administrative Procedures Act (APA). In 1990, …
Article • May 15, 2007
Filed under: Sentencing, Bail
Cash Only Bail Violates Ohio Constitution by The Ohio Supreme Court held that cash-only bail violates Article I, Section 9, of the Ohio Constitution and Crim.R.46. On May 16, 2001, Gary Smith was arrested for the shooting of four individuals and his bond was set at $250,000. One of the …
Article • May 15, 2007
Parole Revocation Hearing Required by 18 U.S.C. § 4214(c) by Parole Revocation Hearing Required by 18 U.S.C. § 4214(c) The Sixth Circuit Court of Appeals held that the United States Parole Commission erred in failing to hold a parole revocation hearing as required by 18 U.S.C. §4214(c), after a parolee …
Article • May 15, 2007
Florida Parole Commission Cannot Substitute Its Factual Findings for Hearing Examiners by Florida Parole Commission Cannot Substitute Its Factual Findings for Hearing Examiners A Florida federal district court has granted a prisoner a writ of habeas corpus based upon the Florida Parole Commission (FPC) substituting its own facts for the …
Article • May 15, 2007
California Jail/Prison Credits May Not be Limited Based Upon Convictions for Which Punishment was St by John Dannenberg California Jail/Prison Credits May Not be Limited Based Upon Convictions for Which Punishment was Stayed by John E. Dannenberg The California Court of Appeal held that when a prisoner is convicted of …
Article • May 15, 2007
Fed Prisoner's Standard Range Sentence for Escape Affirmed by In April, 2004, Lonnie Davis, a federal prisoner, was sent to a work release center after serving eleven years of a twelve-and-a-half year sentence for bank robbery. In May he escaped. He was later arrested and charged with escape. Davis was …
Article • May 15, 2007
Georgia DNA Testing Statute Upheld by The court upholds a statute requiring DNA sampling of all convicted felons. It does not violate the Fourth Amendment. The bodily intrusion is minimal, and the state's compelling interest in obtaining reliable and accurate identifying characteristics of persons convicted of felonies outweighs it. The …
Article • May 15, 2007
D.C. Venue Improper in BOP Fine Punishment Suit by The plaintiff allegedly was kept for three years beyond his sentence expiration because he refused to sign an installment schedule agreement for his unpaid fines. The wardens of prisons in Virginia and West Virginia were not subject to personal jurisdiction in …
Article • May 15, 2007
California Religious Grooming, Muslim Sabbath Rule Enjoined, Good Time Restored by Plaintiff Muslim prisoners sought injunctive relief against restrictions on their religious practice; their claims, initially brought under the First Amendment, are now governed by RLUIPA. The court previously granted preliminary injunctive relief (renewed repeatedly because of the PLRA's 90-day …
Circumstantial Evidence Supports Disciplinary Drug Conviction by The plaintiff was convicted of a disciplinary drug offense based on circumstantial evidence related to the finding of drugs in a trash can in the visiting area. He lost good time, so his claim is cognizable under Sandin, and he proceeded via writ …
Article • May 15, 2007
Statutory Authority Lacking for Lien in Florida Prisoners' Gain Time Loss Challenge by Statutory Authority Lacking for Lien in Florida Prisoners' Gain Time Loss Challenge Florida's First District Court of Appeals has held that a Florida law does not allow an indigent prisoner to be assessed a lien on his …
Article • May 15, 2007 • from PLN May, 2007
Doing “Katrina Time” by Bob Williams Doing "Katrina Time" by Bob Williams Last month, PLN's cover story addressed the terrors and tribulations faced by prisoners when Hurricane Katrina devastated New Orleans on August 29, 2005 -- not just the horrors of the storm, but also the brutality and abuse inflicted …
Article • May 15, 2007 • from PLN May, 2007
Habeas Hints: Retroactivity-Cunningham and Beyond by Kent A. Russell by Kent Russell This column is intended to provide ?habeas hints? to prisoners who are considering or handling habeas corpus petitions as their own attorneys (?in pro per?). The focus of the column is habeas corpus practice under AEDPA, the 1996 …
Article • May 15, 2007 • from PLN May, 2007
Filed under: Sentencing, Good Time
WA Prisoners Entitled to Minimal Due Process Before Risk Level Demotion by Division 1 of the Washington Court of Appeals has ruled that the State Department of Corrections (DOC) must afford minimal due process to prisoners whose risk assessment levels it intends to demote. In 2000, Dion Xavier Adams, a …
Innocent Idaho Prisoner Receives $900,000 for 21 Years Wrongful Incarceration by After spending nearly twenty-one years incarcerated for murder, Donald M. Paradis was released from Idaho?s death row on April 10, 2001. Now, just over fiver years later, Paradis is set to receive $900,000 for his wrongful conviction and incarceration. …
Article • May 15, 2007
Prison Officials Liable for Holding Prisoner Past Release Date by The court of appeals for the Third circuit affirmed in part, reversed and remanded in part, a district court's ruling in favor of a Pennsylvania prisoner who was held nine months past his release date. The district court awarded $3,520 …
Article • May 15, 2007
Blood for Good Time Creates Liberty Interest by A federal district court in Rhode Island held that a Rhode Island statute giving prisoners time off their sentences in exchange for blood donations by prisoners created a liberty interest. Prisoner plaintiff was transferred out of state where he could not reduce …
BOP Good Time Credit Pro-Rated for Disciplinary Loss by The court of appeals for the Seventh circuit affirmed a district court ruling the federal prison officials in Illinois must properly compute the good time earned by federal prisoners when that good time is forfeited as a result of prison disciplinary …
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