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Article • May 15, 2007
Prison Disciplinary Issues Must Be Raised in Administrative Appeal by Jon Michael Withrow The Seventh Circuit Court of Appeals upheld a decision in a prison disciplinary proceeding, finding "some evidence" to support the disciplinary board's decision of guilty and that prisoner's due process claim on the board's boilerplate reason for …
Article • May 15, 2007
WA DOC Must Award Good Time for Out-Of-State Time Served Concurrently With WA Sentences by WA DOC Must Award Good Time for Out-Of-State Time Served Concurrently With WA Sentences The Washington Court of Appeals for Division 3 (Div. 3) has ruled that the state Department of Corrections (WDOC) must award …
Article • May 15, 2007
Colorado Upholds 100 Years-to-Life for Sex Offender Under New Lifetime Act by The Colorado Court of Appeals has affirmed two consecutive, 50 years-to-natural-life sentences for a sex offender convicted of class 3 and class 4 sex offenses under Colorado's new Sex Offender Lifetime Supervision Act (the Act). Delbert Larson was …
Article • May 15, 2007
Denial of Good Conduct Credit Ex Post Facto by Massachusetts state prisoner Ronald Greenfield was sentenced to 5-7 years incarceration in 1962. In 1965, the law concerning the awarding of credits for good conduct was amended to prohibit such credits for persons who violate parole and are re-incarcerated. Greenfield violated …
Article • May 15, 2007
Florida Good Time Law Applied by Florida's First District Court of Appeals held that the Correctional Reform Act of 1983 (The Act) does not allow the Florida Department of Corrections (FDOC) to grant additional days of gain-time as a matter of grace of forfeit the right to gain-time earned prior …
Article • May 15, 2007
§ 1983 Suit Improper Remedy for Good Time Loss by The court of appeals for the Fifth Circuit held that it was improper for a prisoner to file a 42 U.S.C. § 1983 action seeking monetary damages, declaratory and injunctive relief that prohibited prison officials from removing, rescinding or suspending …
Article • May 15, 2007
Over Detention Claim Must Show Knowledge or Failure to Act on Problem by A Pennsylvania federal district court held a prisoner failed to show prison officials were deliberately indifferent to his claims that he was over-detained. The SCI Graterford prisoner alleged prison officials violated his constitutional rights by detaining him …
Article • May 15, 2007
Intermediate State Appellate Court Ruling Fails to Override Qualified Immunity Defense in Over-Detention Suit by The Eleventh Circuit Court of Appeals held that a ruling from the Florida First District Court of Appeals (DCA) falls short of the clarity of the law to defeat a defense of qualified immunity. A …
Article • May 15, 2007
Nine Month Delay in Bringing Mississippi Detainee Before Court Defeats Qualified Immunity by The Fifth Circuit Court of Appeals held jail officials at Mississippi's Hinds County Jail were not entitled to qualified immunity for failing to take a pretrial detainee before a court for nine months. The detainee was arrested …
Article • May 15, 2007
Miscalculation of Sentence Defeats Summary Judgment by A Florida Federal District Court held that prison officials may be held liable for miscalculating a prisoner's release date and causing him to be detained beyond his sentence expiration. Former prisoner James S. McCurry brought suit under 42 U.S.C. section 1983 seeking monetary …
Article • May 15, 2007
Sweat Patch Drug Test Admissible at BOP Parole Revocation Hearing by The Eighth Circuit Court of Appeals held that laboratory reports may be admitted into evidence at a federal parolee's revocation hearing without accompanying expert testimony. The Missouri parolee's supervised release revocation hearing ensued after he tested positive for cocaine …
Article • May 15, 2007
Filed under: Sentencing
Drug Site Cleanup Fine Discretionary with Trial Court by The Washington Court of Appeals, Division 3, held that the imposition of a drug site cleanup fine was discretionary with the trial court. William Wood was arrested and charged with manufacturing methamphetamine at his place of residence in Spokane County, Washington. …
Article • May 15, 2007
Probationer Waives Right to Counsel by The Ninth Circuit Court of Appeals determined that a federal probationer could waive his constitutional right to counsel as given by 18 USC § 300A and the U.S. Constitution. This ruling applies to modification hearing as well. It is well established that Federal probationers, …
Article • May 15, 2007
§ 2241 Habeas Corpus Okay for Parolee's Bail Release by The Seventh Circuit determined that a federal parolee could file a petition for writ of Habeas Corpus under § 2241 for his release on bail, while his revocation proceedings were still pending. Vincent Molina was a federal parolee who violated …
Article • May 15, 2007
Government Estopped From Re-arresting Wrongfully Paroled Prisoner by The Ninth Circuit Court of Appeals held that the U.S. Government could not re-arrest and detain a parolee it had released despite the parolee being sentenced to a non-parolable sentence. The parolee was sentenced to 15 years for importing marijuana and engaging …
Article • May 15, 2007
Slow, Incompetent Investigation Causing Over Detention Not Deliberate Indifference by The Third Circuit Court of Appeals held a parole board' s misinterpretation of a sentencing court's order and a slow investigation into the order's meaning did not exhibit deliberate indifference. The plaintiff, a former prisoner of the Philadelphia County Prison, …
Sixth Circuit Orders Evidentiary Hearing in § 2255 Action; BOP Guard Gets 262 Months for Prisoner Rapes by Sixth Circuit Orders Evidentiary Hearing in § 2255 Action; BOP Guard Gets 262 Months for Prisoner Rapes The Sixth Circuit Court of Appeals vacated a lower court's denial of a federal prisoner's …
Article • May 15, 2007
Habeas Corpus Petitioner Convicted for False Declarations by The Fourth Circuit Court of Appeals affirmed a habeas corpus petitioner's conviction for two counts of violating 18 U.S.C. § 1623, which criminalizes the making of false declarations before a court. The petitioner filed a habeas corpus petition in federal court in …
Article • May 15, 2007
Habeas Corpus Review Restricted in Military Trials by The Tenth Circuit Court of Appeals held the writ of Habeas Corpus is unavailable to persons convicted by a military tribunal when that tribunal gave fair and full consideration to the questions raised in the Habeas petition. William M. Lips was convicted …
Article • May 15, 2007
Filed under: Sentencing, Habeas Corpus
Hearsay Police Report with Indicia of Reliability Allowed in Parole Revocation Hearing by Hearsay Police Report with Indicia of Reliability Allowed in Parole Revocation Hearing The Circuit Court of Appeals for the District of Columbia held that a parole board may consider a police report when other evidence of reliability …
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