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Article • July 15, 2011
Ninth Circuit: California’s Prop. 115 Not Unconstitutional by Michael Brodheim By Michael Brodheim The Ninth Circuit has held that California’s Proposition 115, known as the Crime Victims Justice Reform Act, does not violate a defendant’s Sixth Amendment right to confront the witnesses against him. Adopted by California voters in 1990, …
Article • July 15, 2011
California: On Remand, Governor Must Consider All Available Information Relating to Current Dangerousness by Michael Brodheim By Michael Brodheim The California Court of Appeal has held that when, on remand after the granting of a petition for writ of habeas corpus, the Governor reconsiders whether or not a life prisoner …
Article • July 15, 2011
California: Prisoner Entitled To Presentence Custody Credit for Time in Prison Past Parole Date Due Solely to Pending Charges by Michael Brodheim By Michael Brodheim The California Court of Appeal has held that a prisoner, detained in prison solely because new charges (arising from in-prison misconduct) were brought against him, …
Article • July 15, 2011
California: Prisoner’s Parole May Not Be Revoked if Board Fails to Act During 30-Day Discharge Review Period by Michael Brodheim By Mike Brodheim The California Court of Appeal has held that, by failing to act during the 30-day discharge review period provided by statute, the Board of Parole Hearings (Board) …
Article • July 15, 2011
No Right to Compensation for Work in Prison under the Constitution or International Law by Brandon Sample By Brandon Sample Federal prisoners do not have a right to be compensated for their work under the U.S. Constitution or under international law, the U.S. Court of Appeals for the Ninth Circuit …
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 …
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
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
California: Hospital Billings for Injured Victim Are Not Subject To Restitution Order by The California Court of Appeal held that the sentence of a perpetrator of elder abuse injuries could not be enhanced to include a restitution order to repay the medical billings from his victim's hospital provider. The court …
Article • July 15, 2011
$11,000 Settlement Reached in Sacramento County Wrongful Arrest Suit by On January 5, 2005, a settlement was reached in a complaint filed pursuant to 42 U.S.C. § 1983 against Sacramento County and various County law enforcement officials alleging 4th and 14th Amendment civil rights violations, as well as penal and …
Article • July 15, 2011 • from PLN July, 2011
Former Deputy Sheriff Gets LWOP for Murder of California Prison Guard by Former Sacramento County Sheriff’s Deputy Chu Vue, 45, was sentenced on November 30, 2010 to life in prison without the possibility of parole for his role in the October 2008 murder of 39-year-old California state prison guard Steve …
Article • July 15, 2011 • from PLN July, 2011
Filed under: Visiting, Fathers in Prison
Ninth Circuit: Prison Visitation Privileges May be Temporarily Restricted for Legitimate Penological Reasons by Holding that the temporary suspension of a prisoner’s visiting privileges with his minor children due to an alleged rule infraction did not violate any clearly established constitutional right of which a reasonable prison official would have …
Article • July 15, 2011 • from PLN July, 2011
California Prisoner’s Life Sentence Upheld for Tossing Food Tray at Guard by Michael Brodheim by Mike Brodheim On January 3, 2011, the California Court of Appeal, Fifth District, affirmed a “three strikes” sentence of 25 years to life for a prisoner who, while confined in a security housing unit at …
Article • July 15, 2011 • from PLN July, 2011
A Cage by Any Other Name is Still a Cage: Mentally Ill California Prisoners Caged by Michael Brodheim by Mike Brodheim A rose by any other name, Shakespeare wrote, would still smell as sweet. In California the question is, does referring to a cage as a “therapeutic module” make it …
“America’s Sheriff” Begins Serving Federal Prison Sentence by In January 2011, Michael S. Carona, the former sheriff of Orange County, California, turned himself in to prison officials at the Federal Correctional Institution Englewood in Littleton, Colorado to begin serving a 5 1/2-year sentence following his 2009 conviction for witness tampering. …
Ninth Circuit: Despite Award of Only Nominal Damages, Attorney Fees Appropriate in § 1983 Wrongful Death Suit by Ninth Circuit: Despite Award of Only Nominal Damages, Attorney Fees Appropriate in § 1983 Wrongful Death Suit Despite a jury’s award of only nominal damages, the Ninth Circuit affirmed the award of …
Article • July 15, 2011 • from PLN July, 2011
Ninth Circuit Holds PLRA Fee Cap for Court-Appointed Counsel Also Applies to Paralegal Fees by In a January 13, 2011 ruling, the Ninth Circuit Court of Appeals determined that the cap on attorney’s fees established by the Prison Litigation Reform Act (PLRA) also applies to separately billed paralegal fees, notwithstanding …
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