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Article • May 15, 2007
Holding Prisoner Past Release Date Violates Due Process by California Prisoner's Imprisonment Past Release Date Violates Due Process The Ninth Circuit held that a § 1983 suit filed by a former prisoner was the appropriate venue for Eighth Amendment and due process claims. Frank Haygood brought a civil rights action …
Article • May 15, 2007
Heck Does Not Bar Damage Suit Alleging Violation of Extradition Procedures by The Eleventh Circuit Court of Appeals held a 42 U.S.C. section 1983 suit seeking damages and declatory relief for the violation of a state prisoner's federally protected extradition rights was not barred by Heck v. Humphrey, 512 U.S. …
Article • May 15, 2007
Filed under: Sentencing
Fla DOC Cannot Alter Concurrent Sentence by The Florida Supreme Court held the Florida Department of Corrections (FDOC) must comply with the terms of a court's sentencing order and cannot refuse to carry it out. A Florida prisoner received a 13-year habitual offender sentence to run concurrent and conterminous with …
Article • May 15, 2007
Filed under: Sentencing, Habeas Corpus
Texas Court of Criminal Appeals Severely Curtails Habeas Corpus by The Texas Court of Criminal Appeals has held that the state post- conviction petition for a writ of habeas corpus under Article 11.07, Texas Code of Criminal Procedure, is limited to matters that could not have been raised on direct …
Alabama Sheriffs Entitled to Immunity in §1983 Actions by The U.S. Supreme Court held that Alabama sheriffs were officials of the state rather than the county and therefore entitled to immunity in §1983 actions. An Alabama prisoner who had been sentenced to death had his conviction overturned and subsequently brought …
Article • May 15, 2007
Misdemeanor Conviction Can Be Treated as Felony Under USSG by The U.S. Eighth Circuit Court of Appeals has held that, under certain circumstances, a prior misdemeanor conviction can be treated as a felony conviction under the United States Sentencing Guidelines (USSG). Joe Couch was convicted in the U.S. District Court …
Article • May 15, 2007
NJ Parole Class Action Settled by A U.S. District Court for New Jersey held that a group of New Jersey state prisoners, who were seeking injunctive relief from the state's Parole Board for its consistent failure to conduct timely parole hearings, warranted certification as a class action for the purpose …
Article • May 15, 2007
No Parole Violation for Working with Ex-Prisoners by The U.S. Supreme Court held that a parolee's work at a business that employed other ex-convicts did not provide "satisfactory evidence" of a parole violation. After his parole was revoked, a federal prisoner filed a writ of habeas corpus which was denied …
Article • May 15, 2007
Filed under: Sentencing, Parole
Colorado DOC Miscalculates Parole Eligibility Date by The Colorado Court of Appeals has found that the Department of Corrections (DOC) miscalculated a prisoner's sentence reduction credits for crimes committed before the 1979 change in law. Ronald Vashone-Caruso, in his fourth decade of a 94 years-to¬-life sentence, sought a declaratory judgment …
Article • May 15, 2007
Ohio Affords Right To Be Represented In Parole Hearings by The United States District Court for the Southern District of Ohio held, among other things, that issues of fact--whether the Ohio Parole Authority's failure to notify a state prisoner or his attorney of the date of a parole hearing violated …
Article • May 15, 2007
Supreme Court Sets Standard for Stay of Injunctions by The United States Supreme Court held that a federal court should follow the general standards for staying a civil judgment when determining if a successful habeas corpus petitioner should be released pending appeal. The respondent, a New Jersey prisoner convicted of …
County Prosecutors Acting Outside Their Authority Lose Absolute Immunity by In this somewhat confusing opinion, the U.S. Ninth Circuit Court of Appeals held that county prosecutors, defendants in a civil, rights lawsuit brought by two men who were falsely arrested, were not entitled to absolute immunity on numerous claims, including …
Article • May 15, 2007
Florida Statute Decreasing Gain-Time Award Unconstitutional by The Supreme Court of Florida held that a revised gain-time statute was Constitutional as to increased gain-time award, but violated ex post facto as to decreased gain time award. Donald Waldrup, a Florida state prisoner sentenced to 15 years for 1980 and 1982 …
Article • May 15, 2007
New Jersey Supreme Court Orders Parole, Halfway House Placement by The Supreme Court of New Jersey ordered a prisoner to be released on parole after satisfactory completion of 12 months in a halfway house. Thomas Trantino, a New Jersey state prisoner, was convicted of murdering a police officer in 1963. …
COA Denied; No Due Process Violation in Repeal of Credits by The U.S. Tenth Circuit Court of Appeals denied a state prisoner a certificate of appealability (COA) on a federal district court's denial of habeas corpus relief under 28 U.S.C. §2241, holding that the prisoner's due process rights were not …
Article • May 15, 2007
Brother Sentenced in Attempted Escape of Federal Prisoner by The United States District Court of New Mexico sentenced Adalberto Nava-Sotelo, alias Robert Montoya and El Guero, in the attempted escape of his older brother Oswaldo Nava-Sotelo, a prisoner in federal custody. On May 8, 2001, Adalberto Nava-Sotelo drove from his …
Article • May 15, 2007
Abstract Advocacy of Violence Protected Speech; Gang Conviction Reversed by The Ninth Circuit Court of Appeals affirmed an Arizona District Court's grant of habeas corpus invalidating a conviction for participating in street gang activity. Jerry Dean McCoy is a former California gang member that was convicted by an Arizona state …
Article • May 15, 2007
Florida Good Time Statute Ruled Ex Post Facto by The Supreme Court ruled that a retroactively applied Florida good time statute was unconstitutional. The ruling came in response to Florida's decision to repeal and replace a previous good time statute with one that substantially reduced the amount of good time …
Article • May 15, 2007
$3,500 Paid in Obstruction to Resolve Detainer and Denial of Notary By WA DOC by Douglas Krohne, a prisoner at Walla Walla,( Washington, filed a 42 U.S.C. §1983 action in the Western District of Washington federal court. He brought claims for the failure of prison officials failing to advise him …
Article • May 15, 2007
Filed under: Sentencing, Parole
Short-Term Sentence Extension Without Final Parole Revocation Hearing Unconstitutional by Short-Term Sentence Extension Without Final Parole Revocation Hearing Unconstitutional The Second Circuit Court of Appeals held that extending a parolee's sentence as the result of a charged parole violation without according a final due process hearing on that violation when …
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