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Article • July 15, 2002 • from PLN July, 2002
Wrongly Paroled Texas Prisoner Entitled to Street Time by by Matthew T. Clarke The Texas Court of Criminal Appeals (CCA) has held that a prisoner erroneously released on parole was entitled to credit on both of his consecutive sentences for his time spent on the street. Earnest Millard, a Texas …
Mistakenly Released Prisoners Have No Due Process Rights by The Court of Appeals for the Fourth Circuit has held that prisoners who were released on mandatory supervision then arrested as escaped prisoners and reincarcerated without a hearing had no right to due process. Vincent Henderson, Daryelle Rexrode, and John Calella, …
Article • February 15, 2002 • from PLN February, 2002
Section 1983 Civil Rights Claims Not Barred by Kansas Tort Remedies by The Kansas Court of Appeals held that the existence of adequate state tort remedies did not bar claims under 42 U.S.C. § 1983, and that the limitation period for § 1983 claims is two years. Kansas prisoner James …
Indiana Creates Liberty Interest in Good Time Credits by The Court of Appeals for the Seventh circuit held that Indiana prisoners have a state created liberty interest in their good time credits, and the rate of earning such credits, requiring due process before the credits or classification could be changed. …
Article • February 15, 2002 • from PLN February, 2002
Washington Department of Corrections' Address Requirement Illegal by The Washington Court of Appeals has held that the Washington Department of Corrections (DOC) lacks statutory authority to require a prisoner to obtain a preapproved residence location and living arrangement prior to release unless that condition was imposed by the sentencing court. …
Article • August 15, 2001 • from PLN August, 2001
Arizona Supreme Court Rules on 1993 Earned Release Statute by Arizona Supreme Court Rules On 1993 Earned Release Statute The Arizona Supreme Court has held that 1993 amendments to statutes governing earned release credits for Arizona prisoners do not apply to persons convicted of felonies committed prior to the amendment's …
Article • August 15, 2001 • from PLN August, 2001
Pre-Sentence Detention Earns Good Time Credits in Montana Prison by The Montana Supreme Court granted habeas corpus relief to William MacPheat, a Montana state prisoner, who sought goodtime credits for presentence jail time and an earlier release from prison based upon award of those credits. In 1995, MacPheat was charged …
Oklahoma Good Time Rule Violates Ex Post Facto by The Tenth Circuit Court of Appeals held that an amended Oklahoma Department of Corrections (ODOC) regulation that rescinded earned good time credits violates the Ex Post Facto Clause. Prisoner Steve A. Smith filed a petition for writ of habeas corpus challenging …
Article • July 15, 2001 • from PLN July, 2001
Kansas Conditional Release Is Mandatory by Kansas Conditional Release is Mandatory The Kansas state court of appeals held that the parole hoard could not rescind parole revocation and convert it to a conditional release revocation. The court also held that the retroactive application of a rule governing withholding of good …
Texas Prisoners Have Liberty Interest in Mandatory Supervision by The court of appeals for the Fifth Circuit has held that eligible Texas state prisoners have a liberty interest in release on mandatory supervision. Dobber Graham Malchi, a Texas state prisoner, filed a federal habeas corpus action challenging a prison disciplinary …
Article • June 15, 2001 • from PLN June, 2001
Texas Prisoners May Challenge Discretionary Mandatory Release Procedures by The Texas Court of Criminal Appeals has held that Texas prisoners have the right to use a state habeas corpus action under Article 11.07, Texas Code of Criminal Procedure, to challenge the procedures used to deny them mandatory release. David Lee …
Article • May 15, 2001 • from PLN May, 2001
US Supreme Court Allows BOP Limit on Early Release Statute by Roger Smith The U.S. Supreme Court has upheld 28 C.F.R. § 550.58(a)(1) (vi)(B) (Regulation), a federal Bureau Of Prisons (BOP) regulation modifying 18 U.S.C. § 3621(e)(2)(B) (Statute). The Statute provides that federal prisoners with nonviolent convictions may receive up …
Colorado Prisoner Challenges 'Sex Offender' Label by The Tenth Circuit Court of Appeals held that a Colorado prisoner's classification as a "sex offender" is subject to due process considerations. In 1985, the Colorado Department of Corrections (CDOC) modified its Administrative Regulation governing classification to include a Sex Offender Component in …
Article • March 15, 2001 • from PLN March, 2001
Second Circuit Holds That Gang Member Designation Regulation is Not Ex Post Facto by The Second circuit court of appeals held that a Connecticut DOC administrative directive making prisoners classified as safety threats ineligible to earn good time credits was not ex post facto and that a Connecticut statute did …
Article • February 15, 2001 • from PLN February, 2001
OH S.Ct. Strikes Down Bad Time Law by The Ohio Supreme Court found a state statute, RC 2967.11, which allowed prison officials and the Ohio Parole Board to try: convict, and add time to Ohio prisoners' sentences for criminal infractions occurring during the prisoners' stated prison terms, violated the constitutional …
Louisiana Prison System Exceeds Administrative Statutory Authority by The Court of Appeals of Louisiana for the First Circuit has held the Department of Public Safety and Corrections (DPSC) exceeded its statutory authority when it referred prisoners to a "Special Court" for the additional forfeiture of good time when they had …
Article • November 15, 2000 • from PLN November, 2000
County Jail Time Returned to CO Lifers by The Colorado Supreme Court has held that prisoners sentenced to life imprisonment are entitled to presentence confinement (PSC) credits for the time they spent in the county jail before sentencing. Until 1977, life sentences in Colorado were a minimum of ten years …
Washington Earned Early Release Credits Create Due Process Liberty Interests by Mark Cook The Washington State Court of Appeals, Division One, has held that: (1) a prisoner's right to community custody placement created limited due process liberty interests, but (2) delay did not violate prisoner's due process rights. Matthew S. …
Article • August 15, 2000 • from PLN August, 2000
Filed under: Sentencing, Good Time
WA Class B Felonies Entitled to 1/3 Good Time Credits by The Washington State Supreme Court has held: (1) a former statute placing cap on early release good time credits at 15% rather than 33% of total sentence for those "convicted of a serious violent offense or a sex offense …
Article • August 15, 2000 • from PLN August, 2000
CA 3 Strikers Entitled to Good Time by The Supreme Court of California held that: a defendant sentenced under the three strikes law (Pen.Code § 1170.12) is entitled to presentence conduct credits under Pen.Code § 4019. Otis Michael Thomas, a California prisoner, was found guilty of first degree residential burglary …
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