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"Public Concern" Test Does Not Apply To Prisoner Claims of Retaliation; Speech Must Be Consistent with Status as Prisoner by Brandon Sample "Public Concern" Test Does Not Apply To Prisoner Claims of Retaliation; Speech Must Be Consistent with Status as Prisoner By Brandon Sample The "public concern" test does not …
Article • July 15, 2011
Filed under: Sentencing, Habeas Corpus
BOP May Disregard State Court Orders When Reviewing Whether to Run State/Federal Sentences Concurrent by Brandon Sample By Brandon Sample On May 7, 2010, the U.S. Court of Appeals for the Ninth Circuit affirmed the denial of a habeas petition challenging the Bureau of Prisons (BOP) refusal to grant a …
Article • July 15, 2011
California Court of Appeal Invalidates Untimely MDO Certification by Michael Brodheim By Mike Brodheim The California Court of Appeal has invalidated the determination of the Board of Parole Hearings ("Board") that Felicia Blakely is a mentally disordered offender ("MDO"), finding that her MDO evaluations and certification occurred after her parole …
Article • July 15, 2011
Filed under: Sentencing, Parole
Court of Appeal Overturns Governor's Reversal of Board's Third Grant of Parole to California Prisoner by Michael Brodheim By Mike Brodheim The California Court of Appeal (First Appellate District, Div. 2) has overturned Governor Arnold Schwarzenegger's reversal of the parole board's third grant of parole to Bennie Moses, some 30 …
Article • July 15, 2011
9th Circuit: RLUIPA Not Applicable To Courthouse Holding Cell by Michael Brodheim By Mike Brodheim A divided Ninth Circuit panel has held that a courthouse holding cell is not an "institution" as defined by the Religious Land Use and Institutionalized Persons Act (RLUIPA), 42 U.S.C. § 2000cc et seq., and …
Second Circuit Explains §1915 Strikes and Imminent Danger by Mark Wilson Second Circuit Explains §1915 Strikes and Imminent Danger By Mark Wilson The Second Circuit Court of Appeals held that a lower court abused its discretion in denying a pro se prisoner leave to amend his complaint to allege an …
Article • July 15, 2011
Fourth Circuit Reverses §1915A Dismissal of Failure to Protect Suit by Mark Wilson Fourth Circuit Reverses §1915A Dismissal of Failure to Protect Suit By Mark Wilson The Fourth Circuit Court of Appeals held that a lower court erred in dismissing a North Carolina prisoner’s failure to protect suit for failing …
Sex Offense against Minor Requires Registration by The Eleventh Circuit Court Appeals affirmed a sentence that required a defendant convicted of five misdemeanor counts of willfully depriving individuals of their right to be free from unreasonable searches by one acting under color of law to register as a sex offender …
SORNA's Registration Requirements Do Not Apply to Convictions Involving the Transfer of Obscene Materials to a Minor by Brandon Sample By Brandon Sample On January 14, 2009, the U.S. Court of Appeals for the Eleventh Circuit decided that the registration requirements of the Sex Offender Registration and Notification Act (SORNA) …
No Right to Destruction of Juvenile Records in Virginia by David Reutter By David M. Reutter The Virginia Supreme Court has held that there is no vested right under state law to have juvenile records destroyed. The Court, however, found that an expert’s testimony was inadmissible because that testimony was …
Article • July 15, 2011
Illinois Statute Authorizing Revocation of Good Time Credits for Frivolous Court Filings Upheld by Brandon Sample By Brandon Sample The State of Illinois may lawfully deprive good time credits from prisoners who file frivolous post-conviction petitions, the Appellate Court of Illinois, Fourth District, decided November 26, 2008. Cameron Shaw, an …
Article • July 15, 2011
BOP Abused Its Discretion in Denying Prisoner Drug Treatment by Brandon Sample By Brandon Sample On June 5, 2007, the U.S. District Court for the Southern District of Georgia granted a habeas corpus petition challenging the Bureau of Prisons' (BOP) refusal to allow a prisoner to enter BOP's Residential Drug …
Article • July 15, 2011
Ninth Circuit Strikes Down BOP Regulations Limiting Halfway House Placement by Brandon Sample By Brandon Sample On September 4, 2008, the U.S. Court of Appeals for the Ninth Circuit joined the Second, Third, Eighth and Tenth Circuits in concluding that the Bureau of Prisons' (BOP) regulations categorically limiting eligibility for …
Article • July 15, 2011
Ninth Circuit: Warrantless Parole Search Unconstitutional Where "Residence" Was Only an "Emergency Address" Listed Years Earlier by John Dannenberg Ninth Circuit: Warrantless Parole Search Unconstitutional Where "Residence" Was Only an "Emergency Address" Listed Years Earlier By John E. Dannenberg The Ninth Circuit U.S. Court of Appeals ruled that a warrantless …
Article • July 15, 2011
Interpreters Allowed in Nevada Small Claims Cases by Mark Wilson By Mark Wilson The Nevada Supreme Court held “that under both its inherent and express powers, a justice court is authorized to” appoint interpreters in small claims cases. In 2004, Hermes Caballero was transported from an Arizona prison to Ely …
Article • July 15, 2011
Washington Disciplinary Hearing Violates Due Process; Written Submissions Must be Considered by Mark Wilson By Mark Wilson The Washington State Court of Appeals held that a prisoner was deprived of a constitutionally adequate disciplinary hearing when a hearings officer refused to read the documentary evidence he offered. Washington prisoner Allan …
Article • July 15, 2011
Washington Supreme Court Says Commutations Implicate Due Process by Mark Wilson By Mark Wilson The Washington state Supreme Court held that due process protections attach to conditional commutation decisions and the liberty interest at stake “is indistinguishable from the interest in parole and probation.” In 1997, Jayson Bush was convicted …
Article • July 15, 2011
Filed under: Sentencing, Parole
Washington Trial Courts May Sanction Community Custody Violations by Mark Wilson By Mark Wilson The Washington State Court Appeals held that the legislature did not remove the trial courts’ jurisdiction to punish community custody violations when it granted the Department of Corrections (DOC) to also punish those violations. Karen Gamble …
Article • July 15, 2011
Ninth Circuit Upholds BOP's Authority to Set Payment Schedules Under IFRP by Brandon Sample By Brandon Sample The Federal Bureau of Prisons (BOP) is free to use its Inmate Financial Responsibility Program (IFRP) to collect restitution from prisoners in amounts different than those set by a defendant's sentencing court, the …
Article • July 15, 2011
Reporter Cannot be Compelled to Disclose Source Under Pennsylvania Law by David Reutter By David M. Reutter The Pennsylvania Supreme Court has held the state’s media shield law prohibits the compelled disclosure of a confidential source’s identity, or any information that could expose the source’s identity, rejecting an invitation to …
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